Contest of Impositions. The Company shall have the right, in its own or the Issuer’s name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted at least 10 days before the Imposition complained of becomes delinquent if, and provided, the Company (i) before instituting any such contest, shall give the Issuer and the Trustee written notice of its intention to do so and, if requested in writing by the Issuer, shall deposit with the Trustee a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer, or cash or other form of security reasonably acceptable to the Issuer, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, and
Contest of Impositions. The Tenant shall have the right, in its own or the Issuer's name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted before the Imposition complained of becomes delinquent if, and provided, the Tenant (i) before instituting any such contest, shall give the Issuer and the Bank written notice of its intention to do so and, if requested in writing by the Issuer or the Bank, shall deposit with the Bank a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the Bank, as their interests may appear, or cash, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contest.
Contest of Impositions. The City will have the right, in its own name or in the Trustee’s name, to contest the validity or amount of any Imposition that the City is required to bear, pay and discharge pursuant to the terms of this Article by appropriate legal proceedings instituted at least ten days before the contested Imposition becomes delinquent and may permit the Imposition so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Trustee notifies the City that, in the Opinion of Counsel, by nonpayment of any such items the interest of the Trustee in the Project will be endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event the City will promptly pay such taxes, assessments or charges or provide the Trustee with full security against any loss that may result from nonpayment in form satisfactory to the Trustee. The Trustee agrees to cooperate with the City in connection with any and all administrative or judicial proceedings related to Impositions. The City will hold the Trustee whole and harmless from any costs and expenses the Trustee may incur with respect to any Imposition.
Contest of Impositions. The Company shall have the right, in its own or the Issuer’s name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted at least 10 days before the Imposition complained of becomes delinquent if, and provided, the Company (i) before instituting any such contest, shall give Issuer and Trustee written notice of its intention to do so and, if requested in writing by Issuer, shall deposit with the Trustee a surety bond of a surety company acceptable to Issuer as surety, in favor of Issuer, or cash, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, and (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Company shall hold Issuer whole and harmless from any costs and expenses Issuer may incur related to any such contest due to the Issuer’s ownership of the Project.
Contest of Impositions. Lessor, as Tenant under the Project Lease, shall have the right to contest the validity or amount of any Imposition by appropriate legal proceeding instituted at least ten days before the Imposition complained of becomes delinquent, on the condition that Lessor or its sublessee shall give Issuer written notice of its intention to do so and shall diligently prosecute any such contest, effectively stay or prevent official or judicial sale therefor, under execution or otherwise, and shall promptly pay any final judgment in forcing the Imposition so contested and thereafter secure record release or satisfaction thereof.
Contest of Impositions. Tenant, at its sole expense, upon at least ten (10) days prior written notice to Landlord but without the need to obtain Landlord’s consent, and using legal counsel reasonably acceptable to Landlord, shall have the right to contest the amount or validity of any Imposition by diligently conducting in good faith an appropriate legal or administrative proceeding, provided that the following conditions are met: (i) the Impositions are paid or the postponement of payment of Impositions, without penalty, as part of such proceeding is permitted by applicable law, (ii) the Premises shall not, by reason of such postponement of payment, or the initiation of such proceeding, be subject to forfeiture, sale, or loss, (iii) such proceedings shall not impact or interfere with the use or occupancy of the Premises, (iv) such proceedings shall not affect or interfere with Tenant’s continued payment of Monthly Base Rent or Additional Rent; and (v) pursuing the contest of Impositions shall not in any way expose Landlord to any criminal or civil liability, penalty or sanction. Tenant further agrees that each such contest shall be promptly and diligently prosecuted to a final conclusion in a commercially reasonable manner, and Tenant shall pay all judgments, decrees and costs (including any reasonable costs incurred by Landlord) in connection with any such contest and shall, promptly after the final determination of such contest, fully pay and discharge the amounts which shall be levied. Tenant shall be entitled to any refund received with respect to Impositions paid by Tenant.
Contest of Impositions. Operator shall review the appropriateness of all Impositions and shall advise Owner of any that, in Operator’s opinion, should be challenged and recommend action to obtain a reduction of such Impositions. Owner shall notify Operator if Owner intends to contest any Imposition or lien upon the Hotel. At Owner’s request, Operator shall institute protests or challenges to any Imposition or lien. All expenses incurred in contesting or seeking a reduction or elimination thereof including legal, appraisal and accounting fees, if required, shall be borne by Owner. Operator shall not pay any contested Imposition or lien under protest or otherwise without Owner’s consent. Operator shall set aside the amount necessary to pay any Imposition or lien under protest, plus interest and penalties, in an interest-bearing reserve account (or shall deposit such amount with a third party if so directed by Owner). In the event that there are not sufficient funds in the General Account for Operator to make required payments, Operator shall notify Owner in writing and Owner shall promptly pay the amount of the Imposition shortfall into the General Account. Operator shall promptly reimburse Owner for any interest or penalty payment imposed on Owner by reason of the failure of Operator to make payment of uncontested Impositions when the funds therefor in the Budget were available.
Contest of Impositions. Upon giving prior written notice to Landlord and subject to the provisions of any Fee Mortgage, Tenant shall have the right to seek a reduction in the valuation or an exemption of the Premises for tax purposes and to contest or review the amount or validity, in whole or in part, of any Imposition by appropriate proceedings or such other manner as Tenant may deem suitable and is permitted under applicable laws. Tenant shall conduct such contest or review at Tenant's own cost and expense and in a diligent and good faith manner. Any settlement reached by Tenant under this Section 6.4 is subject to Landlord's reasonable written approval. Tenant's rights under this Section 6.4 shall be subject to the following:
(a) If by the terms of any such Imposition, payment thereof, pending the contest or review thereof, may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Premises or any part thereof, or any diminution in the value of the Premises, and without subjecting Tenant or Landlord or any Fee Mortgagee to any liability, civil or criminal, for failure to pay such Imposition, and without constituting or resulting in any violation of any Fee Mortgage affecting the Premises, Tenant may delay payment thereof until the final determination resulting from such contest or review of the amount or validity of such Imposition; or
(b) If any charge or civil liability would be incurred by reason of any such delay, Tenant nevertheless may contest as aforesaid and delay as aforesaid, provided that such delay would not subject Landlord or any Fee Mortgagee to criminal liability or fine, or any diminution in the value of the Premises, Tenant prosecutes the contest with due diligence, and, if and to the extent required by Landlord or any Fee Mortgagee, Tenant delivers to Landlord a bond or other security in form and amount reasonably satisfactory to Landlord to secure payment of such contested amount and any interest or penalties thereon.
Contest of Impositions. Error! Bookmark not defined.
Contest of Impositions. Subject to Section 9.1(d) of this Lease, Tenant, after notice to Landlord, may in good faith contest any Imposition by appropriate proceedings conducted promptly at Tenant's expense, in Tenant's name, or (whenever necessary) in Landlord's or the City's name and, in such event, Landlord and the City agree, at Tenant's expense, to cooperate with Tenant with respect to such contest and Tenant agrees to indemnify and hold harmless Landlord and the City against any reasonable cost, expense (including reasonable attorneys' fees and expenses) or liability, other than revenue lost as a result of diminution of such Imposition, that Landlord or the City may suffer or incur arising out of or in any manner relating to such cooperation. Upon Landlord's or the City's request, but at Landlord's and City's sole cost and expense, Tenant shall permit Landlord or the City to participate in such proceedings with counsel of Landlord's or the City's choosing. However, Landlord's obligation under this Section 9.3 shall not require any conduct by Landlord or the City, if such conduct would have any elements of state or governmental action, including but not limited to the reduction of property assessments. Tenant shall be entitled to any refund received by Tenant, Landlord or the City from any taxing authority to the extent that such refund relates to or is based upon an Imposition payment that was made, and whose economic burden was borne, by Tenant in connection with any Imposition. If Tenant contests any Imposition as being Discriminatory, Tenant's payment of such Imposition under protest or nonpayment, if allowed under applicable law, shall not be a default under this Lease until such time as such Imposition is determined by a final unappealable judgment not to be Discriminatory.
