Common use of Landlord’s Right to Seek Abatement Clause in Contracts

Landlord’s Right to Seek Abatement. Landlord shall have the right to seek a reduction in the valuation of the Site or any of the Building assessed for tax purposes and to prosecute any action or proceeding theretofore commenced by Tenant. To the extent to which any tax refund payable as a result of any proceeding which Landlord or Tenant may institute, or payable by reason of compromise or settlement of any such proceeding, may be based upon a payment made by Tenant, then Tenant shall be authorized to collect the same (or the appropriate portion thereof), subject, however, to Tenant’s obligation to reimburse Landlord forthwith for Tenant’s Proportionate Share of any expense incurred by Landlord in connection therewith. Landlord shall not be required to join in any proceedings referred to in Section 3.6 hereof unless the provisions of any law, rule or regulation at the time in effect shall require that such proceedings be brought by or in the name of Landlord, in which event Landlord shall join in such proceedings or permit the same to be brought in its name. Landlord shall not be subjected to any liability for the payment of any costs or expenses in connection with any such proceedings, and Tenant shall indemnify and save harmless Landlord from any such costs and expenses. Tenant shall be entitled to any refund of its share of any Imposition and penalties or interest thereon received by Landlord that has been paid by Tenant, or that has been paid by Landlord but previously reimbursed in full by Tenant.