Certiorari Proceedings. Seller agrees not to withdraw, settle or otherwise compromise any pending tax reduction proceeding without the consent of the Buyer. If any proceeding shall result in any reduction of assessment for the tax year in which title shall be closed, it is agreed that the amount of tax saving or refund for such tax year, less the fees and disbursements of the Seller’s attorneys in connection with such proceedings, shall be apportioned between the parties as of the date real estate taxes are apportioned under this Agreement. Seller shall be responsible for any rebates due tenants for the period prior to Closing; this provision shall survive Closing.
Certiorari Proceedings. 30.01 Seller shall produce copies of all tax certiorari notices for the past three (3) years and if the Closing takes place, Seller shall authorize Purchaser to continue the notices without lapse to the extent permitted by law and provided such proceedings have not been settled prior to Closing. Seller is hereby authorized to continue any proceeding or proceedings now pending for the reduction of the assessed valuation of the Premises, and to try or settle the same in Seller's discretion. The net refund of taxes and interest, if any, for any tax year for which Purchaser shall be entitled to share in the refund shall be divided between Seller and Purchaser in accordance with the proportion of said period covered by such refund in which the Premises was owned by Seller to the entire period covered, after deduction therefrom a pro rata share of all expenses, including counsel fees, necessarily incurred in obtaining such refund, the allocation of such expenses to be based upon the total refund obtained in the proceeding and in any other proceeding simultaneously involved in the trial of settlement. Purchaser shall deliver to Seller, upon demand, receipted tax bills and cancelled checks used in payment of such taxes and shall execute any and all consents or other documents, and do any act or thing necessary for the collection of such refund by Seller. Any refunds due for periods prior to Purchaser's ownership shall remain the property of the Seller. Purchaser shall have the right to control any such proceedings for periods subsequent to closing. The provisions of this paragraph shall survive the closing. Notwithstanding any other provision, Purchaser is under no obligation to incur any costs in furtherance of any tax certiorari proceeding.
Certiorari Proceedings. On September 20, 2017, Xxxxxxxx timely filed her Application, presenting the following question: Did the Intermediate Court of Appeals of the State of Hawaii (“ICA”) err in affirming the Circuit Court of the Third Circuit, Kona Division’s (“Circuit Court”) granting of Summary Judgment and Final Judgment; finding that the expenses and costs to maintain interior elevators, interior lanais and related interior improvements located solely within the residential buildings of the Casa de Emdeko Condominium Project and which are reserved exclusively for residential purposes, are “common elements” for which the commercial units of Cas[a] de Emdeko Condominium Project, located entirely in a separate building without elevators, are subject to assessments? (Emphasis omitted.) She argues the ICA erred in concluding the elevators, lanais, and “related interior improvements” (the drains and cable television wires) were common elements because her commercial apartments are in buildings separate from the residential apartment buildings and do not have these items. She also argues that if this court reverses the ICA’s holding, the issue of estoppel is no longer moot. We accepted certiorari to address whether the circuit court and ICA erred by summarily ruling that elevators, lanai railings, drains, and cable television wires were common elements, expenses for which Xxxxxxxx would be responsible. If so, we must also address whether the circuit court erred by alternatively granting summary judgment in favor of Casa based on estoppel by acquiescence.
Certiorari Proceedings. During the pendency of this Contract, Seller shall not prosecute, settle or withdraw proceedings to review any real estate tax assessment for the Premises, without Purchaser’s reasonable, prior written consent.
Certiorari Proceedings. To Seller’s knowledge, except as provided on Exhibit “Q” attached hereto and made a part hereof, there are no currently pending tax certiorari proceedings for the Property.
Certiorari Proceedings. Either party may commence a proceeding to challenge the tax assessment (hereinafter "Certiorari Proceeding"). In the event landlord maintains a Certiorari Proceeding during the Term, the cost of said proceeding shall be borne by the Tenant. Said cost shall be deemed additional rent. In the event Tenant commences a Certiorari Proceeding in any year of the term Landlord shall cooperate with the Tenant in the filing of such proceeding. The cost and expense of the Certiorari Proceeding shall be borne exclusively by the Tenant.
Certiorari Proceedings. Tenant shall not (and hereby waives any and all rights it may now or hereafter have to) institute or maintain any action, proceeding or application in any court or other body having the power to fix or review assessed valuations or tax rates, for the purpose of reducing Taxes. The filing of any such proceeding by Tenant without Landlord's consent shall be an immediate Event of Default hereunder. If the Taxes payable for the Base Tax Year are reduced, the Base Taxes shall be correspondingly revised, the Additional Rent previously paid or payable on account of Tenant's Tax Payment hereunder for all Tax Years shall be recomputed on the basis of such reduction, and Tenant shall pay to Landlord within 10 Business Days after being billed therefor, any deficiency between the amount of such Additional Rent previously computed and paid by Tenant to Landlord, and the amount due as a result of such recomputations. If the Taxes payable for the Base Tax Year are increased then Landlord shall either pay to Tenant, or at Landlord's election, credit against subsequent payments of Rent due, the amount by which such Additional Rent previously paid on account of Tenant's Tax Payment exceeds the amount actually due as a result of such recomputations. If Landlord receives a refund or credit of Taxes for any Tax Year, Landlord shall recalculate Tenant's Tax Payment for the applicable periods (taking into account the provisions of Sections 8.2(a) and (b)) and shall, as and when such refund payment or credit is received, at its election, either pay to Tenant, or credit against subsequent payments of Rent due hereunder, an amount equal to Tenant's Proportionate Share of the refund, net of any expenses incurred by Landlord in achieving such refund and adjustments to Tenant's Tax Payments resulting from such recalculation, which amount shall not exceed Tenant's Tax Payment paid for such Tax Year. Landlord shall not be obligated to file any application or institute any proceeding seeking a reduction in Taxes or the Assessed Valuation.
