Common use of Contest of Requirements of Law Clause in Contracts

Contest of Requirements of Law. If, with respect to any requirement of applicable law or any governmental action (i) Charterer is contesting diligently and in good faith by appropriate proceedings being diligently pursued such requirement of applicable law or governmental action, or (ii) compliance with such requirement or governmental action shall have been excused or exempted by a valid nonconforming use permit, waiver, extension or forbearance exempting Charterer from such requirement or governmental action, or (iii) Charterer shall be making a good faith effort and shall be diligently taking appropriate steps to comply with such requirement or governmental action, then the failure by Charterer to comply with such requirement or governmental action shall not constitute an Event of Default hereunder; provided, however, that such contest or noncompliance does not involve (A) any danger of criminal liability being imposed on any Indemnified Party, or (B) any material risk of (1) the imminent arrest, forfeiture or sale of, or the creation of any Lien (other than a Permitted Lien) on, any Vessel, or (2) material civil liability being imposed on any Indemnified Party. Charterer shall provide Owner Participant with notice of any contest of the type described in clause (i) above in detail sufficient to enable Owner Participant to ascertain whether such contest may have any adverse effect of the type described in the above proviso. If such contest shall not be resolved to the satisfaction of Shipowner prior to the end of the Charter Period, then Charterer shall be obligated to continue such contest until it has been so resolved or Charterer shall have complied at its expense with the requirement so contested.

Contest of Requirements of Law. If, with respect to any requirement of applicable law or any governmental action (i) Charterer is contesting diligently and in good faith by appropriate proceedings being diligently pursued such requirement of applicable law or governmental action, or (ii) compliance with such requirement or governmental action shall have been excused or exempted by a valid nonconforming use permit, waiver, extension or forbearance exempting Charterer from such requirement or governmental action, or (iii) Charterer shall be making a good faith effort and shall be diligently taking appropriate steps to comply with such requirement or governmental action, then the failure by Charterer to comply with such requirement or governmental action shall not constitute an Event of Default hereunder; provided, however, that such contest or noncompliance does not involve (A) any danger of criminal liability being imposed on any Indemnified Party, or (B) any material risk of (1) the imminent arrest, forfeiture arrest or sale of, or the creation of any Lien (other than a Permitted Lien) on, on any Vessel, or (2) material civil liability being imposed on any Indemnified Party. Charterer shall provide Owner Participant with notice of any contest of the type described in clause (i) above in detail sufficient to enable Owner Participant to ascertain whether such contest may have any adverse effect of the type described in the above proviso. If such contest shall not be resolved to the satisfaction of Shipowner prior to the end of the Charter Period, then Charterer shall be obligated to continue such contest until it has been so resolved or Charterer shall have complied at its expense with the requirement so contested.

Contest of Requirements of Law. If, with respect to ------------------------------ any requirement of applicable law Applicable Laws relating to the operation, maintenance or any governmental action modification of the Equipment or the Facility, (i) Charterer Lessee is contesting such requirement diligently and in good faith by appropriate proceedings being diligently pursued such requirement of applicable law or governmental actionproceedings, or (ii) compliance with such requirement or governmental action shall have been excused or exempted by a valid nonconforming use permit, waiver, extension or forbearance exempting Charterer Lessee from such requirement or governmental action, or (iii) Charterer Lessee shall be making a good faith effort and shall be diligently taking appropriate steps to comply with such requirement or governmental actionrequirement, then the failure by Charterer Lessee to comply with such requirement or governmental action shall not constitute an Event of a Default hereunder; provided, however, provided that such contest or noncompliance does not involve (A) any -------- material danger of (1) foreclosure, forfeiture or loss of the Equipment or any part thereof or (2) criminal liability or any material civil liability being imposed on any Indemnified Party, Lessor or the Owner Participant or (B) any material risk danger of (1) the imminent arrest, forfeiture or sale of, or the creation of any Lien (other than a Permitted Lien) on, the Equipment or any Vessel, part thereof or (2) the non-payment of Rent or a material civil liability being imposed adverse effect on any Indemnified PartyLessee's ability to perform its obligations hereunder or under the other Basic Agreements or (3) extending the ultimate application of such requirements of Applicable Laws beyond the termination of the Basic Lease Term or the Renewal Term, as appropriate, unless Lessee has posted a bond or other security in respect thereof satisfactory to Lessor. Charterer Lessee shall provide Owner Participant Lessor with notice of any contest of the type described in clause (i) above in detail sufficient to enable Owner Participant Lessor to ascertain whether such contest may have any adverse the effect of the type described in the above proviso. If such contest shall not be resolved to the satisfaction of Shipowner prior to the end of the Charter Period, then Charterer shall be obligated to continue such contest until it has been so resolved or Charterer shall have complied at its expense with the requirement so contestedproviso above.

Contest of Requirements of Law. If, with respect to any requirement of applicable law Applicable Law or any governmental action Governmental Action relating to the use, operation or maintenance of the Premises or the Site, (i) Charterer the Lessee is contesting diligently and in good faith by appropriate proceedings being diligently pursued such requirement of applicable law or governmental actionGovernmental Action (in which case such contest shall be completed prior to the date the Facility is to be returned to the Lessor hereunder), or (ii) compliance with such requirement or governmental action Governmental Action shall have been excused or exempted by a valid nonconforming use permit, waiver, extension or forbearance exempting Charterer the Premises or the Site from such requirement or governmental action, Governmental Action or (iii) Charterer the Lessee shall be making a good faith effort and shall be diligently taking appropriate steps to comply with such requirement or governmental actionGovernmental Action (in which case such compliance shall be effected prior to the date the Facility is to be returned to the Lessor hereunder), then the failure by Charterer the Lessee to comply with such requirement or governmental action Governmental Action shall not constitute an a Default or Event of Default hereunder; provided, however, that in the case of each of clauses (i) through (iii) above, such contest or noncompliance does not involve (A) a material risk of foreclosure, sale, forfeiture or loss of, or imposition of any danger Lien other than a Permitted Lien on, any part of the Premises or the Site, (B) a material risk of extending the ultimate imposition of such Applicable Law or Governmental Action beyond the termination of the Basic Term or the current Renewal Term, as the case may be (unless there shall have been furnished indemnification reasonably satisfactory to the Lessor and the Remainderman), (C) a risk of any material civil liability or any risk of criminal liability being imposed on the Lessor, the Site, the Premises, the Owner Participant, the Indenture Trustee, any Indemnified PartyLoan Participant or the Remainderman (unless, with respect to civil liability, there shall have been furnished indemnification satisfactory to each such party), (D) any interference with the payment of Rent, (E) risk of any material adjustment of, or material interference with, the use, possession or disposition of the Premises or the Site or (BF) any a material risk of (1) reduction of the imminent arrestvalue, forfeiture utility or sale of, remaining useful life of the Premises or the creation of Site; provided, however, that the Lessee shall not be obligated to cure any Lien (other than a Permitted Lien) onnoncompliance with respect to the Premises or the Site including, without limitation, any Vessel, prior nonconforming structure or (2) material civil liability being imposed on any Indemnified Partyuses to the extent such noncompliance does not constitute a current violation of Applicable Law. Charterer The Lessee shall provide Owner Participant the Lessor and the Indenture Trustee with notice of any contest of the type described in clause (i) above in detail sufficient to enable Owner Participant the Lessor and the Indenture Trustee to ascertain whether such contest may have any material adverse effect of the type types described in clauses (A) through (F) above. Notwithstanding the above proviso. If such contest foregoing, compliance with Applicable Laws regarding Taxes and contests of Taxes shall not be resolved subject to this Section 8(g), but rather shall be subject to the satisfaction provisions of Shipowner prior Section 7.1 of the Participation Agreement or the provisions of the Tax Indemnification Agreement, whichever is applicable to the end of the Charter Period, then Charterer shall be obligated to continue such contest until it has been so resolved or Charterer shall have complied Taxes at its expense with the requirement so contestedissue.