Common use of Assessment Proceedings Clause in Contracts

Assessment Proceedings. If at any time during the Term any public or quasi-public authority proposes to create an improvement, special assessment or other like district which would or could impose assessments or other Impositions on the Premises (an "Assessment District"), the boundaries of which would or could include the Premises, Lessor shall not cast any votes allocable to the Premises in favor of creation of such Assessment District (as distinguished from votes allocable solely to other property of Lessor, which Lessor may cast in any manner it deems appropriate in its sole discretion) without Lessee's prior written consent. In the event Lessee requests that Lessor vote in favor of creation of an Assessment District which would include the Premises, Lessor shall be obligated to cast those votes that are allocable to the Premises in favor of creation of such Assessment District (as distinguished from those votes that are allocable solely to other property of Lessor, which Lessor may cast in any manner it deems appropriate in its sole discretion), but only in the event that the proposed Assessment District is created in accordance with the Approved Development Plan or is otherwise reasonably determined by Lessor to be beneficial to the development and operation of the Premises and the Project. Lessor shall cooperate with Lessee in all reasonable steps necessary to create any such Assessment District, provided Lessee shall reimburse Lessor for Lessor's actual out-of-pocket costs in connection therewith. Lessee shall have the right (but not the obligation), regardless of Lessor's position, to participate in any proceeding relating to the creation of an Assessment District which would result in additional Impositions being assessed against the Premises and seek to have the Premises excluded from or included in any proposed Assessment District. The party receiving any notice or other information relating to the proposed creation of any Assessment District the proposed boundaries of which would or could include the Premises shall promptly provide the other party with copies of all such notices and other information.

Assessment Proceedings. If at any time during the Term any public or quasi-public authority proposes to create an improvement, special assessment assessment, benefit, or other like district which would or could impose assessments or other Impositions on the Premises (an "“Assessment District"”), the boundaries of which would or could include the Premises, Lessor shall not cast any votes allocable to the Premises in favor of creation of such Assessment District (as distinguished from votes allocable solely to other property of Lessor, which Lessor may cast in any manner it deems appropriate in its sole discretion) without Lessee's ’s prior written consent. In the event Lessee requests that Lessor vote in favor of creation of an Assessment District which would include the Premises, Lessor shall be obligated to cast those votes that are allocable to the Premises in favor of creation of such Assessment District (as distinguished from those votes that are allocable solely to other property of Lessor, which Lessor may cast in any manner it deems appropriate in its sole discretion), but only in the event that there is no Event of Default, or Potential Default which would be a Material Default, then existing and the creation of the proposed Assessment District is created would not result in accordance with the Approved Development Plan or is otherwise reasonably determined by Lessor to be beneficial to the development and operation of Impositions being assessed against the Premises and following the ProjectExpiration Date. Lessor shall cooperate with Lessee in taking all reasonable steps necessary to create any such Assessment District, provided Lessee shall reimburse Lessor as Additional Rent for Lessor's ’s actual out-of-pocket costs in connection therewith. Lessee shall have the right (but not the obligation), regardless of Lessor's ’s position, to participate in any proceeding relating to the creation of an Assessment District which would result in additional Impositions being assessed against the Premises and seek to have the Premises excluded from or included in any proposed Assessment District. The party receiving any notice or other information relating to the proposed creation of any Assessment District the proposed boundaries of which would or could include the Premises shall promptly provide the other party with copies of all such notices and other information.