Common use of Contest of Impositions Clause in Contracts

Contest of Impositions. Tenant, at its sole expense, upon at least ten (10) days prior written notice to Landlord but without 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 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, and Tenant shall pay all judgments, decrees and costs (including any 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.

Appears in 1 contract

Samples: Lease Agreement (United Auto Group Inc)

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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 ’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 ’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 conclusionconclusion 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.

Appears in 1 contract

Samples: Lease Agreement (Gladstone Commercial Corp)

Contest of Impositions. Tenant, at its sole expense, upon at least ten (10) 10 days prior written notice to Landlord Landlord, but without Landlord's ’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: (ia) the Impositions are paid or the postponement of payment of Impositions, without penalty, as part of such proceeding is permitted by applicable law, Laws (iias defined in Section 6.2 below); (b) the Premises shall not, by reason of such postponement of payment, or the initiation of such proceeding, be subject to forfeiture, sale, or loss, ; (iiic) such proceedings shall not impact or interfere with the use or occupancy of the Premises, ; (ivd) such proceedings shall not affect or interfere with Tenant's ’s continued payment of Base Rent or Additional Rent; and (ve) pursuing the contest of Impositions shall not in any way expose Landlord to any criminal or monetary civil liability, penalty penalty, or sanction (unless Tenant posts security sufficient to indemnify any and all losses potentially suffered by Landlord as a result of such monetary civil liability, penalty, or sanction, in form and amount reasonably satisfactory to Landlord). Tenant further agrees that each such contest shall be promptly and diligently prosecuted to a final conclusion, and Tenant shall pay all judgments, decrees decrees, and costs (including any 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 that shall be levied. Tenant shall be entitled to any refund or reduction obtained or received with respect to Impositions paid by Tenantthe Impositions.

Appears in 1 contract

Samples: Lease Agreement (Andina II Holdco Corp.)

Contest of Impositions. TenantLessee, at its sole expense, upon at least ten (10) days days' prior written notice to Landlord Lessor but without Landlord's Lessor’s consent, and using legal counsel or other service reasonably acceptable to LandlordLessor (such acceptance not to be unreasonably withheld, conditioned, or delayed), 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: (ia) the Impositions are paid or the postponement of payment of Impositions, without penalty, as part of such proceeding is permitted required by applicable law, (iib) the Demised Premises shall not, by reason of such postponement of payment, or the initiation of such proceeding, be subject to forfeiture, sale, or loss, (iiic) such proceedings shall not materially impact or interfere with the use or occupancy of the Demised Premises, (ivd) such proceedings shall not affect or interfere with TenantLessee's continued payment of Base Basic Rent or Additional Rentand any other amount that may be due herein; and (ve) pursuing the contest of Impositions shall not in any way expose Landlord Lessor to any criminal or civil liability, penalty or sanction. Tenant Lessee further agrees that each such contest shall be promptly and diligently prosecuted to a final conclusion, and Tenant Lessee shall pay all judgments, decrees and costs (including any costs incurred by LandlordLessor) 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 Lessee shall be entitled to any refund received with respect to Impositions paid by TenantLessee.

Appears in 1 contract

Samples: Lease (LIVE VENTURES Inc)

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Contest of Impositions. Tenant, at its sole expense, upon at least ten (10) days days’ prior written notice to Landlord but without Landlord's ’s consent, and using legal counsel or other service 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: (ia) the Impositions are paid in full or the postponement of payment of Impositions, without penalty, as part of such proceeding is permitted by applicable law, (iib) the Premises shall not, by reason of such postponement of payment, or the initiation of such proceeding, be subject to forfeiture, sale, or loss, (iiic) such proceedings shall not impact or interfere with the use or occupancy of the Premises, (ivd) such proceedings shall not affect or interfere with Tenant's ’s continued payment of Base Rent or Additional Rent; and (ve) pursuing the contest of Impositions shall not in any way expose Landlord Landlord, or Lenders 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, and Tenant shall pay all judgments, decrees and costs (including any costs reasonably 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.

Appears in 1 contract

Samples: Lease Agreement (AvidXchange Holdings, Inc.)

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