Contest of Laws. Mortgagor shall have the right to contest by appropriate legal proceedings the validity of any legal requirements affecting the Mortgaged Property in accordance with the provisions of Section 9.1 of the Loan Agreement.
Contest of Laws. Tenant shall have the right, after prior written notice to Landlord, to contest by appropriate legal proceedings diligently conducted in good faith, at its sole cost and expense, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 9.6 hereof that pertains to the Property, except as may be prohibited under any Fee Mortgage on the Property; provided, however, that if any fine, lien, charge or civil liability or other adverse effect (whether to the Property or the Campus) would be incurred by reason of any delay in compliance with any such law, ordinance, rule, regulation, or requirement pending the prosecution of any such proceeding, Tenant may not have the right to contest the same and must comply with the same immediately. Upon request from Tenant, Landlord shall, subject to the foregoing, execute and deliver any appropriate documents which may be necessary or proper to permit Tenant so to contest the validity or application of any such law, ordinance, order, rule, regulation or requirement, and Tenant shall reimburse Landlord upon demand for any costs, including attorneys’ fees, incurred in connection with Tenant’s request.
Contest of Laws. Mortgagor shall have the right to contest by appropriate legal proceedings, but without cost or expense to Agent or any Lender, the validity of any Legal Requirements affecting the Mortgaged Property subject to the provisions of the Credit Agreement and any other Loan Document dealing with the right to contest, but only if compliance may be so contested without: (a) the imposition of any charge, lien or liability against the Mortgaged Property, (b) the loss or suspension of any license, right or permit with respect to the Mortgaged Property, and (c) causing any Default to exist under the Credit Agreement or any other Loan Document. Subject to the foregoing, Mortgagor may postpone compliance therewith until the final determination of any such proceedings, provided it shall be prosecuted with due diligence and dispatch, and if any such lien or charge is incurred, Mortgagor may, nevertheless, make the contest and delay compliance, provided Agent is furnished with security satisfactory to Agent in its sole and absolute discretion against any loss or injury by reason of such noncompliance or delay and provided further that the same is and may be done without causing any Default to exist under the Credit Agreement or any of the other Loan Documents.
Contest of Laws. Tenant shall have the right, after prior --------------- written notice to Landlord, to contest by appropriate administrative and/or legal proceedings, diligently conducted in good faith, in the name of Tenant or Landlord or both, without cost or expense to Landlord and/or the City, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to herein, subject to the following:
(a) if by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Demised Premises, the Easements, or any part thereof or operation of the Riverboat Gaming Facility, and without subjecting Tenant or Landlord and/or the City to any liability, civil or criminal, for failure so to comply therewith, Tenant may delay compliance therewith until the! final determination of such proceeding; or
(b) if any lien, 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 and/or the City to criminal liability or fine, and Tenant (i) furnishes to Landlord security, reasonably satisfactory to Landlord, against any loss or injury by reason of such contest or delay, and (ii) prosecutes the contest with due diligence. Landlord, without cost to it, shall, subject to the foregoing, execute and deliver any appropriate documents and instruments which may be reasonably requested by Tenant in order to permit Tenant to so contest the validity or application of any such law, ordinance, order, rule, regulation or requirement.
Contest of Laws. Borrower shall have the right to contest by appropriate legal proceedings, but without cost or expense to Lender, the validity of any Legal Requirements affecting the Mortgaged Property subject to the provisions of the Loan Agreement and the Environmental Indemnity dealing with the right to contest.
Contest of Laws. Lessee shall have the right to contest by appropriate legal proceedings at Xxxxxx’s sole cost and expense, the validity or application of any Laws applicable to the Leased Premises and Xxxxxx’s use and occupancy thereof. Upon Xxxxxx’s request, Xxxxxx shall execute and deliver any appropriate documents which may be necessary or proper to permit Lessee to contest the validity or application of any such Laws. Lessee shall reimburse Lessor upon demand for any costs, including attorneys’ fees, incurred in connection with such request.
Contest of Laws. Lessee shall have the right to contest by appropriate legal proceedings, without cost or expense to Commission, the validity of any law, ordinance, order, rule, regulation or requirement applicable to the Demised Premises, provided, however, that, upon request by Commission, Lessee shall first furnish to Commission a bond, in form and amount, and issued by a surety company, reasonably satisfactory to Commission, guaranteeing to Commission compliance by Lessee with such law, ordinance, order, rule, regulation or requirement, and indemnifying Commission against any and all liability, loss and damage which Commission may sustain by reason of Lessee's failure or delay in complying therewith, and provided further, that Commission shall not be subjected to any risk of criminal liability by reason of any such contest.
Contest of Laws. Lessee shall have the right to contest by appropriate legal proceedings, without cost or expense to Commission, the validity of any law, ordinance, order, rule, regulation or requirement, provided, however, that, upon request by Commission, Lessee shall first furnish to Commission a bond, in form and amount, and issued by a surety company, reasonably satisfactory to Commission, guaranteeing to Commission compliance by Lessee with such law, ordinance, order, rule, regulation or requirement, and indemnifying Commission against any and all liability, loss and damage which Commission may sustain by reason of Lessee's failure or delay in complying therewith, and provided further, that Commission shall not be subjected to any risk of criminal liability by reason of any such contest.
Contest of Laws. Tenant shall have the right in its name or, wherever necessary, in Landlord’s name, to contest the validity or enforcement of any law, ordinance, order, regulation, or requirement affecting the Demised Property or the operation thereof and may defer compliance therewith provided that: (i) Tenant shall diligently prosecute such contest Amended and Restated Hialeah Lease 1.9.2011 to binding settlement or final determination by the court department, governmental authority or body having jurisdiction in the matter; and (ii) Tenant shall save and hold Landlord harmless against violation by Tenant of any such law, order, ordinance, rule or regulation. Landlord, at Tenant’s sole cost and expense, shall reasonably cooperate with Tenant and execute any documents or pleadings necessary or required in connection with Tenant’s performance of its obligations under this Section, and Tenant agrees to save and hold Landlord harmless against any liability, claim, or expense in connection therewith.
Contest of Laws. Tenant shall have the right, after prior notice to Landlord, to contest by appropriate legal proceedings conducted in the name of Tenant or Landlord or both, the validity or application of any Laws or Orders of the nature referred to in subparagraph (a) above, and Landlord, on written request, shall execute and deliver any appropriate papers which may be necessary or proper to permit Tenant so to contest the validity or application of any such Law. Tenant shall indemnify, defend and hold Landlord harmless from any cost, expense, liability or damage, including reasonable attorney's fees, relating to such contest.
