Lessee's Right to Contest Impositions Sample Clauses

Lessee's Right to Contest Impositions. Anything herein to the contrary notwithstanding, Xxxxxx shall have and retain the right to appeal or contest by legal proceedings, or in such other manner as it may deem suitable, any Imposition, or any valuation in connection therewith, without the consent of Lessor, even if the same ultimately results in the payment of any interest, costs or penalties. In the event that Xxxxxx contests any Imposition, Xxxxxx shall immediately notify the Executive Director or his/her authorized designee of its intention to appeal said Imposition. If at any time during the last three (3) years of the Lease Term, Lessee shall contest an Imposition, Lessee may defer payment of a contested item upon the condition that, before instituting any such proceedings, Lessee shall furnish and keep in effect a surety bond, cash deposit or other security satisfactory to the Executive Director or his/her designee in an amount sufficient to pay one hundred percent (100%) of the contested Imposition or assessment, with all interest on it and costs and expenses, including reasonable attorneys’ fees to be incurred in connection with it. The legal proceedings herein referred to shall include appropriate proceedings to review tax assessments and appeals from an order issued therein and appeals from any judgments, decrees or orders. Any such contest shall delay the time periods set forth in Section 5.2 above. Xxxxxx agrees to pay such Impositions in a lump sum payment or on an installment basis. Failure of the Lessee to pay such Impositions or assessments or any installment payment thereof shall constitute a default under this Agreement.
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Lessee's Right to Contest Impositions. Anything herein to the contrary notwithstanding, Lessee shall have and retain the right to appeal or contest by legal proceedings, or in such other manner as it may deem suitable, any Imposition, (including but not limited to ad valorem taxes on the Lease Area and the Leasehold Improvements), or any valuation in connection therewith, without the consent of Lessor, even if the same ultimately results in the payment of any interest, costs or penalties. In the event that Lessee contests any Imposition, Lessee shall immediately notify the City Manager or his/her authorized designee of its intention to appeal said Imposition. If at any time during the last Three (3) years of the Lease Term, Lessee shall contest an Imposition, Lessee may defer payment of a contested item upon the condition that, before instituting any such proceedings, Lessee shall furnish and keep in effect a surety bond, cash deposit or other security satisfactory to the City Manager or his/her designee in an amount sufficient to pay one hundred percent (100%) of the contested Imposition , with all interest on it and costs and expenses, including reasonable attorneys‟ fees to be incurred in connection with it. The legal proceedings herein referred to shall include appropriate proceedings to review tax assessments and appeals from an order issued therein and appeals from any judgments, decrees or orders. Any such contest shall delay the time periods set forth in Section 15.2 above. Lessor agrees to pay such Impositions in a lump sum payment or on an installment basis. Failure of the Lessee to pay such Impositions or any installment payment thereof shall constitute a default under this Lease.

Related to Lessee's Right to Contest Impositions

  • LANDLORD'S RIGHT TO ENTER Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Outside Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least thirty days’ prior written notice of any work to be performed on the Leased Premises); and (iii) supplying any services to be provided by Landlord. Any entry into the Leased Premises or the Outside Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof.

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

  • STATE's Right to Suspend the Operations The STATE and/or the STATE's Authorized Representative has the authority to suspend portions or all of the operations due to causes including, but not limited to:

  • OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Design-Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible.

  • Landlord’s Rights Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.

  • STATE'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up as required by Paragraph 4.15 of these General Conditions, the State may clean up and charge the cost thereof to the Contractor.

  • Landlord’s Right of Entry Landlord shall be allowed access to the premises, at any reasonable hour for the purpose of examining or exhibiting of same, and for making such repairs or alterations either as Landlord may deem necessary or appropriate or as Tenant may request. Tenants are not allowed to interfere with showings as this is a direct violation of your lease. In the City of Urbana Landlord will give tenants 24 hours notice. While not required in Champaign, Landlord will make reasonable effort to give tenant advance notice and may provide this notice through phone, email, verbal or posting notice. In cases of emergency repairs or due to complaints, Landlord may have to enter the premises with no formal notice.

  • Owner’s Right to Suspend Work The Owner reserves the right, with or without the concurrence of the Design Professional, to suspend the Work at any time or from time to time at the Owner's sole discretion, upon giving Contractor five days advanced written notice thereof. If the Owner exercises this right and then resumes the Work covered hereby, Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the suspension and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's suspension, to include compensation based upon the rate for Time Dependent Overhead Costs. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

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