Common use of Contestability Clause in Contracts

Contestability. In connection with any and all taxes and assessments that Lessee has agreed to pay by the terms hereof, Lessee may, if he shall so desire, contest the validity of any such tax or assessment, or seek to obtain a lowering of the assessed valuation of the Leased Premises, or any portion thereof, for the purpose of reducing any such tax or assessment. In such event, at the request of the Lessor, the Lessor at its own cost and expense may contest or litigate the amount and/or validity of such tax or assessment in cooperation with the Lessee and Lessee will execute any document which may be necessary and proper for such proceedings. By vote of two thirds (2/3) of the voting power of Lessee, Lessee may elect to assume control of such litigation, in which event Lessee shall be responsible for all necessary and proper costs and expenses of such litigation, including reasonable attorney’s fees. If required by Lessor, however, Lessee shall post a bond or other security acceptable to Lessor, which acceptance shall not be unreasonably withheld, to insure the payment by Lessee of such tax and all interest and penalties that may be assessed or imposed thereon. Any refund of taxes and/or applicable charges shall be the property of the Lessee to the extent to which it may be based upon any payment of taxes or assessments paid by the Lessee.

Contestability. In connection with any and all taxes and assessments that Lessee has agreed to pay by the terms hereof, Lessee may, if he shall so desire, contest the validity of any such tax or assessment, or seek to obtain a lowering of the assessed valuation of the Leased PremisesUnit and of Lessee's interest in the Common Area, or any portion thereof, for the purpose of reducing any such tax or assessment. In such event, at the request of the Lessor, the Lessor at its own cost and expense may contest or litigate the amount and/or validity of such tax or assessment in cooperation with the Lessee and Lessee will execute any document which may be necessary and proper for such proceedings. By vote of two thirds (2/3) of the voting power of Lesseethe Association, Lessee the Association may elect to assume control of such litigation, in which event Lessee Association shall be responsible for all necessary and proper costs and expenses of such litigation, including reasonable attorney’s 's fees. If required by Lessor, however, Lessee shall post a bond or other security acceptable to Lessor, which acceptance shall not be unreasonably withheld, to insure the payment by Lessee of such tax and all interest and penalties that may be assessed or imposed thereon. Any refund of taxes and/or applicable charges shall be the property of the Lessee to the extent to which it may be based upon any payment of taxes or assessments paid by the Lessee.