Common use of Landlord's Right to Contest Impositions Clause in Contracts

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by Xxxxxx, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof 7.2 to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and ’s expense, provided, however, however that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's ’s contest of Impositions, then Tenant shall reimburse Landlord for all Landlord’s actual and reasonable costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's ’s actions in contesting such Impositions.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Landlord's Right to Contest Impositions. In addition to the right --------------------------------------- of Tenant under Section 5.2 hereof 7.2 to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, however that if the amounts payable by ----------------- Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all Tenant's pro-rata share of Landlord's actual and reasonable costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, ; provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all costs reasonably incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 1 contract

Samples: Inspire Insurance Solutions Inc

Landlord's Right to Contest Impositions. In addition to the right of event that Tenant --------------------------------------- under Section 5.2 hereof 7.2, elects not to contest the amount or validity of Impositions, ----------- Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, that if the amounts payable -------- ------- by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all Landlord's actual and reasonable costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and ’s expense, provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's ’s contest of Impositions, then Tenant shall reimburse Landlord for all costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's ’s actions in contesting such Impositions.

Appears in 1 contract

Samples: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof 7.2 to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, however that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all Landlord's actual and reasonable costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

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Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, that if the amounts payable by Tenant for Impositions are am reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 1 contract

Samples: Lease Agreement (Cheap Tickets Inc)

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, ; provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all the costs reasonably incurred by Landlord in contesting such Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such ImpositionsTenant.

Appears in 1 contract

Samples: Lease (Radyne Corp)

Landlord's Right to Contest Impositions. In addition to the right of --------------------------------------- Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, ; provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all the costs reasonably incurred by Landlord in contesting such Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such ImpositionsTenant.

Appears in 1 contract

Samples: Applied Micro Circuits Corp

Landlord's Right to Contest Impositions. In addition to the right ---------------------------------------- of Tenant under Section 5.2 hereof (S).2 to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, ; provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all the costs reasonably incurred by Landlord in contesting such Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such ImpositionsTenant.

Appears in 1 contract

Samples: Lease (Applied Micro Circuits Corp)

Landlord's Right to Contest Impositions. In addition to the right of Tenant under Section 5.2 hereof to contest the amount or validity of Impositions, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Impositions not contested by XxxxxxTenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Impositions, such contests by Landlord shall be at Landlord's sole cost and expense, provided, however, that if the amounts payable by Tenant for Impositions are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of Landlord's contest of Impositions, then Tenant shall reimburse Landlord for all costs incurred by Landlord in contesting Impositions, but such reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord's actions in contesting such Impositions.

Appears in 1 contract

Samples: Net Lease Agreement (Merix Corp)

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