Common use of Exemption From General Ad Valorem Property Taxes Clause in Contracts

Exemption From General Ad Valorem Property Taxes. Pursuant to a Payment In Lieu of Tax Agreement, by and between the Agency and EPT CONCORD II, LLC, dated October 21, 2013, the Facility is currently exempt from Real Estate Taxes with the exemption granted commencing with the July 1, 2014 School year and the January 1, 2015 County and Town tax year. For the purposes of the foregoing, "Real Estate Taxes" shall mean all general ad valorem real property taxes levied against the Facility by the Taxing Jurisdictions. The Company shall provide the Agency the information necessary for the completion and filing of an exemption application relating to this PILOT Agreement (“Exemption Application”), and the Agency shall file the Exemption Application within thirty (30) days of the execution and delivery of this PILOT Agreement. Notwithstanding anything contained herein or in the Lease to Agency, dated the same date hereof by and between the Agency and the Company (“Lease Agreement”) and the Leaseback to Company, dated the same date hereof by and between the Agency and the Company (“Leaseback Agreement”) to the contrary, in the event the exemption from Real Estate Taxes is denied for any reason, the Company shall pay (and hereby agrees to pay, subject to the Company's right to challenge the underlying assessments on the Facility pursuant to ¶6 hereof) all Real Estate Taxes levied upon the Facility as they become due. After giving written notice to the Agency, the Company may in good faith contest the denial of the Exemption Application, provided that (i) the Facility continues to qualify as a "project" under the Act; (ii) neither the Facility nor any part of or interest in it would be in any danger of being sold, forfeited or lost; or (iii) neither the Company nor the Agency, as a result of such contest, shall be in any danger of any civil or criminal liability. The Company hereby waives any claim or cause of action against the Agency and releases the Agency from any liability to the Company, arising from the denial of an exemption from Real Estate Taxes, except to the extent that such denial results solely from the failure of the Agency to timely file the Exemption Application with the appropriate assessors or Boards of Assessment Review by the Taxable Status Date.

Exemption From General Ad Valorem Property Taxes. Pursuant Subject to the completion and filing by March 1, 2020 ("Taxable Status Date") of the State Form RP-412-a Payment In Lieu Application For Real Prope1iy Tax Exemption ("Exemption Application") under Section 412-a of the State Real Property Tax Agreement, by Law and between Section 874 of the Agency and EPT CONCORD II, LLC, dated October 21, 2013Act, the Facility is currently shall be exempt from Real Estate Taxes with the exemption granted real estate taxes commencing with the July 1I, 2014 2020 School year and the January 1I, 2015 2021 County and Town tax year. For the purposes of the foregoing, foregoing "Real Estate Taxes" shall mean all general ad valorem real property taxes levied against the Facility by the Taxing Jurisdictions. The Company shall provide the Agency the information necessary for the completion and filing of an exemption application relating to this PILOT Agreement (“the Exemption Application”), Application and the Agency shall file the Exemption Application within thirty (30) days of the execution and delivery of this PILOT Agreement. Notwithstanding anything contained herein or in the Lease to Agency, dated the same date hereof by and between the Agency and the Company (“Lease Agreement”) Agreement and the Leaseback to Company, dated the same date hereof by and between the Agency and the Company (“Leaseback Agreement”) Agreement to the contrary, in the event the exemption from Real Estate Taxes is denied for any reason, the Company shall pay (and hereby agrees to pay, subject to the Company's right to challenge the underlying assessments on the Facility pursuant to ¶6 to� I 0 hereof) all Real Estate Taxes levied upon the Facility as they become due. After giving written notice to the Agency, the Company may in good faith contest the denial of the Exemption Application, provided that (i) the Facility continues to qualify as a "project" under the Act; (ii) neither the Facility nor any part of or interest in it would be in any danger of being sold, forfeited or lost; or (iii) neither the Company nor the Agency, as a result of such contest, shall be in any danger of any civil or criminal liability. The Company hereby waives any claim or cause of action against the Agency Agency, and releases the Agency from any liability to the Company, arising from the denial of an exemption from Real Estate Taxes, Taxes except to the extent that such denial results solely from the failure of the Agency to timely file the Exemption Application with the appropriate assessors or Boards of Assessment Review by the Taxable Status Date.

Exemption From General Ad Valorem Property Taxes. Pursuant to Based on the prior completion and filing of State Form RP-412-a Payment In Lieu Application For Real Property Tax Exemption ("Exemption Application") under Section 412-a of the State Real Prope1ty Tax Agreement, by Law and between Section 874 of the Agency and EPT CONCORD II, LLC, dated October 21, 2013Act, the Facility is currently Project has been exempt from Real Estate Taxes with the exemption granted real estate taxes commencing with the July 1, 2014 2010 School year and the January 1, 2015 2011 County and Town tax year. For the purposes of the foregoing, foregoing "Real Estate Taxes" shall mean all general ad valorem real property taxes levied ·against the Facility Project by the Taxing Jurisdictions. The Company shall provide the Agency the information necessary for the completion and filing of an exemption application relating to this PILOT Agreement (“the Exemption Application”), Application and the Agency shall file the Exemption Application within thirty (30) days of the execution and delivery of this PILOT Agreement. Notwithstanding anything contained herein or in the Lease to Agency, dated the same date hereof by and between the Agency and the Company (“Lease Agreement”) and the Leaseback to Company, dated the same date hereof by and between the Agency and the Company (“Leaseback Agreement”) Agreement to the contrary, in the event the exemption from Real Estate Taxes is denied for any reason, the Company shall pay (and hereby agrees to pay, subject to the CompanyC(?mpany's right to challenge the underlying assessments on the Facility Project pursuant to ¶6 �10 hereof) all Real Estate Taxes levied upon the Facility Project as they become due. After giving written notice to the Agency, the Company may in good faith contest the denial of the Exemption Application, provided that (i) the Facility Project continues to qualify as a "project" under the Act; (ii) neither the Facility Project nor any part of or interest in it would be in any danger of being sold, forfeited or lost; or (iii) neither the Company nor the Agency, as a result of such contest, shall be in any danger of any civil or criminal liability. The Company hereby waives any claim or cause of action against the Agency Agency, and releases the Agency from any liability to the Company, arising from the denial of an exemption from Real Estate Taxes, Taxes except to the extent that such denial results solely from the failure of the Agency to timely file the Exemption Application with the appropriate assessors or Boards of Assessment Review by the Taxable Status Date.

Exemption From General Ad Valorem Property Taxes. Pursuant Subject to the completion and filing by March 1, 2008 ("Taxable Status Date") of the State Form RP-412-a Payment In Lieu Application For Real Property tax Exemption (''Exemption Application") under Section 412-a of the State Real Property Tax Agreement, by Law and between Section 874 of the Agency and EPT CONCORD II, LLC, dated October 21, 2013Act, the Facility is currently shall be exempt from Real Estate Taxes with the exemption granted real estate taxes commencing with the July 1, 2014 School year and the January 1, 2015 2016 County and Town tax year, the 2015 Village tax year and the 2015 School year. For the purposes of the foregoing, foregoing "Real Estate Taxes" shall mean all general ad valorem real property taxes levied against the Facility by the Taxing JurisdictionsJmisdictions. The Company shall provide the Agency the information necessary for the completion and filing of an exemption application relating to this PILOT Agreement (“the Exemption Application”), Application and the Agency shall file the Exemption Application within thirty (30) days of the execution and delivery of this PILOT Agreement. Notwithstanding anything contained herein or in the Lease to Agency, dated the same date hereof by and between the Agency and the Company (“Lease Agreement”) and the Leaseback to Company, dated the same date hereof by and between the Agency and the Company (“Leaseback Agreement”) Agreement to the contrary, in the event the exemption from Real Estate Taxes is denied for any reason, the Company shall pay (and hereby agrees to pay, subject to the Company's right to challenge the underlying assessments on the Facility pursuant to ¶6 Section IO hereof) all Real Estate Taxes levied upon the Facility as they become due. After giving written notice to the Agency, the Company may in good faith contest the denial of the Exemption Application, provided that (i) the Facility continues to qualify as a "project" under the Act; (ii) neither the Facility nor any part of or interest in it would be in any danger of being sold, forfeited or lost; or (iii) neither the Company nor the Agency, as a result of such contest, shall be in any danger of any civil or criminal liability. The Company hereby waives any claim or cause of action against the Agency Agency, and releases the Agency from any liability to the Company, arising from the denial of an exemption from Real Estate Taxes, Taxes except to the extent that such denial results solely from form the failure of the Agency to timely file the Exemption Application with the appropriate assessors or Boards of Assessment Review by the Taxable Status Date.

Exemption From General Ad Valorem Property Taxes. Pursuant Subject to the completion and filing.. by March 1, 2013 ("Taxable Status Date") of the State Form RP-412-a Payment In Lieu Application For Real Prope1iy Tax Exemption ("Exemption Application") under Section 412-a of the State Real Property Tax Agreement, by Law and between Section 874 of the Agency and EPT CONCORD II, LLC, dated October 21, 2013Act, the Facility is currently shall be exempt from Real Estate Taxes with the exemption granted real estate taxes commencing with the July 1, 2014 1 School year and the January 1, 2015 1 County and Town tax year. For the purposes of the foregoing, foregoing "Real Estate Taxes" shall mean all general ad valorem real property taxes levied against the Facility by the Taxing Jurisdictions. The Company shall provide the Agency the information necessary for the completion and filing of an exemption application relating to this PILOT Agreement (“the Exemption Application”), Application and the Agency shall file the Exemption Application within thirty (30) days of the execution and delivery of this PILOT Agreement. Notwithstanding anything contained herein or in the Lease to Agency, dated the same date hereof by and between the Agency and the Company (“Lease Agreement”) and the Leaseback to Company, dated the same date hereof by and between the Agency and the Company (“Leaseback Agreement”) Agreement to the contrary, in the event the exemption from Real Estate Taxes is denied for any reason, the Company shall pay (and hereby xxxxxx agrees to pay, subject to the Company's right 1ight to challenge the underlying assessments on the Facility pursuant to ¶6 ,r10 hereof) all Real Estate Taxes levied upon the Facility as they become due. After giving written notice to the Agency, the Company may in good faith contest the denial of the Exemption Application, provided that (i) the Facility continues to qualify as a "project" under the Act; (ii) neither the Facility nor any part of or interest in it would be in any danger of being sold, forfeited or lost; or (iii) neither the Company nor the Agency, as a result of such contest, shall be in any danger of any civil or criminal liability. The Company hereby waives any claim or cause of action against the Agency Agency, and releases the Agency from any liability to the Company, arising from the denial of an exemption from Real Estate Taxes, Taxes except to the extent that such denial results solely from the failure of the Agency to timely file the Exemption Application with the appropriate assessors or Boards of Assessment Review by the Taxable Status Date.