Common use of Payment of Impositions Clause in Contracts

Payment of Impositions. Subject to Article XII relating to permitted contests, Lessee will pay, or cause to be paid, all Impositions (as defined hereinbelow) before any fine, penalty, interest or cost may be added for non-payment, such payments to be made directly to the taxing or other authorities where feasible, and will promptly furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If any such Imposition may, at the option of the obligor, lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and in such event, shall pay such installments during the term hereof (subject to Lessee's right of contest pursuant to the provisions of Article XII) as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. If any refund shall be due in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports.

Payment of Impositions. Subject to Article XII relating to permitted conteststhe provisions of Paragraph 4.6, Lessee will pay, or cause to be paid, all Impositions (as defined hereinbelow) coming due prior to or during the Term, or which relate to any period within the Term or prior to the Term, before any fine, penalty, interest or cost may be added for non-paymentpayment (or earlier if required by any taxing authority), such payments to be made directly to the taxing or other authorities where feasible, and will promptly furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If Lessee's obligation to pay Impositions shall be deemed absolutely fixed upon the date such Impositions become a lien upon the Leased Property or any such Imposition maypart thereof. Lessee, at the option of the obligorits expense, lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition)shall, Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and in such event, shall pay such installments during the term hereof (subject to Lessee's right of contest pursuant to the provisions extent required or permitted by Legal Requirements, prepare and file all tax returns and reports in respect of Article XII) any Imposition as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added theretorequired by governmental authorities. If any refund shall be due from any taxing authority in respect of any Imposition paid by LesseeImposition, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an , but if such Event of Default shall have has occurred and be continuingis continuing (I.E., any it has not been cured), such refund shall be paid over to or retained Lessor and utilized to cure any such continuing Event of Default. After fully curing such Event of Default, any excess funds from such refund shall be paid by LessorLessor to Lessee. Any such funds retained by Lessor due to an Event of Default Lessor, as provided above, shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports. In the event governmental authorities classify any property covered by this Lease as personal property, Lessee shall file all personal property tax returns in such jurisdictions where it must legally so file. Lessor, to the extent it possesses the same, and Lessee, to the extent it possesses the same, will provide the other party, upon request, with cost and depreciation records necessary for filing returns for any property so classified as personal property. Where Lessor is legally required to file personal property tax returns, Lessee will provide to Lessor copies of assessment notices indicating a value in excess of the reported value in sufficient time for Lessor to file a protest. Lessee may, upon notice to Lessor, at Lessee's option and at Lessee's sole cost and expense, protest, appeal or institute such proceedings as Lessee may deem appropriate to effect a reduction of real estate or personal property assessments and Lessor, at Lessee's sole cost and expense as aforesaid, shall fully cooperate with Lessee in such protest, appeal, or other action, provided that Lessee may not withhold payments pending such challenges except under the conditions set forth in Article XII. Xxxxxxxx for reimbursement by Lessee to Lessor of personal property taxes shall be accompanied by copies of a xxxx therefor and payments thereof which identify the personal property with respect to which such payments are made. Unless Lessee is notified by Lessor otherwise, Lessee shall pay all Impositions directly to the appropriate taxing or other authorities to which payments are due, and Lessee shall provide Lessor written evidence and notice that all such payments have been made. Without limiting any of the other indemnities set forth in this Lease, Lessee hereby agrees to defend, indemnify, protect and hold harmless Lessor in connection with any Impositions that relate to any time prior to or during the Term, and Lessee acknowledges and agrees that it will not make claims against, or otherwise look to, Lessor to reimburse Lessee for payments made relating to any period prior to the Commencement Date.

Payment of Impositions. Subject to Article XII relating to permitted contests, (a) Lessee will pay, shall pay or cause to be paid, paid all Impositions (due and payable during the Lease Term or payable as defined hereinbelow) provided in Section 8.7, before any fine, penalty, premium, further interest (except as provided in Section 8.6(b)) or cost may be assessed or added for non-paymentnonpayment, such payments to be made directly to the taxing or other authorities where feasible. If requested, and will promptly furnish Xxxxxx shall deliver to Lessor and the Lender copies of official receipts receipts, canceled checks or other documentation reasonably satisfactory proof to Lessor and Lender evidencing payment of Impositions to the extent Lessee maintains such payments. documentation as part of its customary retention policy; provided, however, that Lessee shall maintain in its records evidence of payment of real estate taxes for a period of no less than four (4) years. (b) If any such Imposition may, at the option of the obligortaxpayer, lawfully be paid in installments (regardless whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments installments, and in such event, event Lessee shall pay such only those installments that become due and payable during the term hereof (subject to Lessee's right of contest pursuant Lease Term or, as provided in Section 8.7, relate to the provisions of Article XII) Lease Term, as the same respectively become due and before any fine, penalty, premium, further interest or cost may be assessed or added thereto. If . (c) Notwithstanding the foregoing, Lessee shall have the right to contest any refund Imposition, subject to the following: (i) such contest shall be due in respect of any Imposition paid by at Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder ’s sole cost and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports.expense;

Payment of Impositions. A. Subject to Article XII 9 relating to permitted contests, Lessee will shall pay, or cause to be paid, all Impositions (as defined hereinbelow) before any fine, penalty, interest or cost (other than any opportunity cost as a result of a failure to take advantage of any discount for early payment) may be added for non-payment, such payments to be made directly to the Province and other taxing or other authorities where feasible, and will promptly shall promptly, upon request, furnish to Lessor copies of official receipts or other reasonably satisfactory proof evidencing such payments. If any such Imposition may, at the option of the obligortaxpayer, lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and and, in such event, shall pay such installments during the term hereof (subject to Lessee's right of contest pursuant to the provisions of Article XII) Term as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. If Lessor, at its expense, shall, to the extent required or permitted by Applicable Law, prepare and file all tax returns and pay all taxes due in respect of Lessor’s net income, gross receipts (from any refund shall be due source other than the Rent received by Lessor from Lessee), sales and use, single business, ad valorem, franchise taxes and taxes on its capital stock, and Lessee, at its expense, shall, to the extent required or permitted by Applicable Laws, prepare and file all other tax returns and reports in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports.by

Payment of Impositions. Subject Unless otherwise paid to Article XII relating Lender as provided in Section 5.1.14, Borrower shall pay all Impositions. The Impositions shall be paid not later than ten (10) days before the dates on which the particular Imposition would become delinquent and Borrower shall produce to permitted contests, Lessee will payLender receipts of the imposing authority, or cause other evidence reasonably satisfactory to be paidLender, all Impositions (as defined hereinbelow) before any fine, penalty, interest or cost may be added for non-payment, such payments to be made directly to evidencing the taxing or other authorities where feasible, and will promptly furnish to Lessor copies payment of official receipts or other satisfactory proof evidencing such paymentsthe Imposition in full. If Borrower elects by appropriate legal action to contest any such Imposition mayImposition, at the option of the obligor, lawfully be paid Borrower shall first deposit cash with Lender as a reserve in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option an amount which Lender determines is sufficient to pay the same (Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, and the sale and forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any accrued interest on the unpaid balance of such Imposition) in installments and in such eventproceeding or contest, Borrower shall pay such installments during the term hereof (subject to Lessee's right amount of contest pursuant to the provisions of Article XII) Imposition as finally determined in the same respectively become due and before any fine, penalty, premium, further interest proceeding or cost may be added theretocontest. If any refund shall be due in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If Provided that there is not then an Event of Default shall Default, the monies which have occurred and be continuing, any such refund shall be paid over been deposited with Lender pursuant to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default this Section shall be applied as provided in Article XVI. Lessor toward such payment and Lessee shallthe excess, upon request of the otherif any, provide such data as is maintained by the party shall be returned to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reportsBorrower.

Payment of Impositions. Subject to Article XII XI relating to permitted contests, Lessee will pay, or cause to be paid, all Impositions (as defined hereinbelow) before any fine, penalty, interest or cost may be added for non-payment, such payments to be made directly to the taxing or other authorities where feasible, and Lessee will promptly promptly, upon request, furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If any such Imposition may, at the option of the obligor, may lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and and, in such event, shall pay such installments during the term Term hereof (subject to Lessee's right of contest pursuant to the provisions of Article XII) as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. Lessor, at its expense, shall, to the extent permitted by applicable law, prepare and file all tax returns and reports as may be required by governmental authorities in respect of Lessor's net income, gross receipts, franchise taxes and taxes on its capital stock. Lessee, at its expense, shall, to the extent permitted by applicable laws and regulations, prepare and file all other tax returns and reports in respect of any Imposition as may be required by governmental authorities. If any refund shall be due from any taxing authority in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVIXV. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports. In the event governmental authorities classify any property covered by this Lease as personal property, Lessee shall file all personal property tax returns in such jurisdictions where filing is required. Lessor and Lessee will provide the other party, upon request, with cost and depreciation records necessary for filing returns for any property so classified as personal property. Where Lessor is legally required to file personal property tax returns, and Lessee is obligated for the same hereunder, Lessee will be provided with copies of assessment notices in sufficient time for Lessee to file a protest. Lessee may, upon giving 30 days' prior written notice to Lessor, at Lessee's option and at Lessee's sole cost and expense, protest, appeal, or institute such other proceedings as Lessee may deem appropriate to effect a reduction of real estate or personal property assessments and Lessor, if requested by Lessee and at Lessee's expense as aforesaid, shall fully cooperate with Lessee in such protest, appeal, or other action. Xxxxxxxx for reimbursement by Lessee to Lessor of personal property taxes shall be accompanied by copies of an invoice therefor and payments thereof which identify the personal property with respect to which such payments are made. Lessor will cooperate with Lessee in order that Lessee may fulfill its obligations hereunder, including the execution of any instruments or documents reasonably requested by Lessee.

Payment of Impositions. Subject to Article XII XI relating to permitted contests, Lessee will pay, or cause to be paid, all Impositions (as defined hereinbelow) before any fine, penalty, interest or cost may be added for non-payment, such payments to be made directly to the taxing or other authorities where feasible, and Lessee will promptly promptly, upon request, furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If any such Imposition may, at the option of the obligor, may lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and and, in such event, shall pay such installments during the term Term hereof (subject to Lessee's right of contest pursuant to the provisions of Article XII) as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. Lessor, at its expense, shall, to the extent permitted by applicable law, prepare and file all tax returns and reports as may be required by governmental authorities in respect of Lessor's net income, gross receipts, franchise taxes and taxes on its capital stock. Lessee, at its expense, shall, to the extent permitted by applicable laws and regulations, prepare and file all other tax returns and reports in respect of any Imposition as may be required by governmental authorities. If any refund shall be due from any taxing authority in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVIXV. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports. In the event governmental authorities classify any property covered by this Lease as personal property, Lessee shall file all personal property tax returns in such jurisdictions where filing is required. Lessor and Lessee will provide the other party, upon request, with cost and depreciation records necessary for filing returns for any property so classified as personal property. Where Lessor is legally required to file personal property tax returns, and Lessee is obligated for the same hereunder, Lessee will be provided with copies of assessment notices in sufficient time for Lessee to file a protest. Lessee may, upon giving 30 days' prior written notice to Lessor, at Lessee's option and at Lessee's sole cost and expense, protest, appeal, or institute such other proceedings as Lessee may deem appropriate to effect a reduction of real estate or personal property assessments and Lessor, if requested by Lessee and at Lessee's expense as aforesaid, shall fully cooperate with Lessee in such protest, appeal, or other action. Billings for reimbursement by Lessxx xx Xxssor of personal property taxes shall be accompanied by copies of an invoice therefor and payments thereof which identify the personal property with respect to which such payments are made. Lessor will cooperate with Lessee in order that Lessee may fulfill its obligations hereunder, including the execution of any instruments or documents reasonably requested by Lessee.

Payment of Impositions. Subject to Article ARTICLE XII relating to permitted contests, during the Term Lessee will pay, or cause to be paid, all Impositions (as defined hereinbelow) Impositions, before any fine, penalty, interest or cost may be added for non-payment. Lessee, such payments to be made directly at its expense, shall, to the taxing extent required or other authorities where feasiblepermitted by Legal Requirements, prepare and will promptly furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If any such Imposition may, at the option of the obligor, lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (file all tax returns and any accrued interest on the unpaid balance of such Imposition) in installments and in such event, shall pay such installments during the term hereof (subject to Lessee's right of contest pursuant to the provisions of Article XII) as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. If any refund shall be due reports in respect of any Imposition paid as may be required by Lessee, the same governmental authorities. Any refund due from any taxing authority in respect of any Imposition shall be paid over to or retained by Lessee if provided no Event of Default shall have occurred hereunder and be continuing. If then exists, but if an Event of Default shall have has occurred and be is continuing, any such refund shall be paid over to or retained Lessor, and Lessee hereby authorizes Lessor to accept any such refunds directly, and hereby authorizes any such taxing authority to pay such amounts directly to Lessor upon receipt of written instructions to do so together with a statement by LessorLessor that an Event of Default has occurred and is continuing. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article ARTICLE XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports.. In the event governmental authorities classify any property covered by this Lease as personal property, Lessee shall file personal property tax returns in such jurisdictions where required. Lessor, to the extent it possesses the same, and Lessee, to the extent it possesses

Payment of Impositions. 6.01 Payment, Evidence of Payment, etc. - Subject to Article XII 7, relating to permitted ---------------------------------- contests, Lessee the Tenant will pay, or cause to be paid, pay all Impositions (as defined hereinbelow) before any fineinterest, penalty, interest fine or cost may be added accrue for non-paymentnonpayment, such payments to be made directly to the taxing or other authorities where feasibleprovided that: (a) if, and will promptly furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If by law, any such Imposition may, at the option of the obligorperson on whom it is imposed, lawfully be paid in installments, the Tenant may exercise such option (provided that such installments (whether or shall not interest shall accrue on extend beyond the unpaid balance termination date of such Impositionthis Lease), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and and, in such event, the Tenant shall give the Landlord prompt written notice of such exercise and shall pay all such installments (and interest, if any) becoming due during the term hereof (subject to Lessee's right of contest pursuant to the provisions of Article XII) this Lease as the same respectively become due and before any fine, further interest or any penalty, premium, further interest fine or cost may be added thereto; and (b) any Imposition relating to a fiscal period of the taxing authority, a part of which is included within the term of this Lease and a part of which extends beyond such term, shall, unless this lease shall terminate on account of a default of the Tenant hereunder, be apportioned between the Landlord and the Tenant as of the expiration of such term. If any refund shall be due in respect The Tenant shall, if so requested, furnish to the Landlord and to each holder of any Imposition paid by Lesseemortgage on the Leased Property, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuingfor inspection, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to any Imposition (unless being contested in conformity with Article 7) before the Leased Property same would become delinquent, official receipts of the appropriate taxing authority, or other proof satisfactory to the Landlord or such mortgagee, as the case may be necessary to prepare any required returns and reportsbe, evidencing the payment of such Imposition.

Payment of Impositions. Subject to the provisions of Article XII relating to permitted contests, Lessee will pay, or cause to be paid, all Impositions (as defined hereinbelow) before any fine, penalty, interest or cost may be added for non-payment, such payments to be made directly to the taxing or other authorities where feasible, and will promptly furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. If any such Imposition may, at the option of the obligor, lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and in such event, shall pay such installments during the term hereof Term (subject to Lessee's ’s right of contest pursuant to the provisions of Article XII) as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. If any refund shall be due in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports.

Payment of Impositions. Subject to Article XII relating to permitted contests, (a) Lessee will pay, shall pay or cause to be paid, paid all Impositions (as defined hereinbelow) before any fine, penalty, premium, further interest (except as provided in the immediately succeeding sentence with respect to installments) or cost may be assessed or added for non-paymentnonpayment, such payments to be made directly to the taxing or other authorities where feasible, and will promptly furnish to Lessor copies of official receipts feasible or other satisfactory proof evidencing such paymentsotherwise in accordance with the Cash Management Agreement. If any such Imposition may, at the option of the obligortaxpayer, lawfully be paid in installments (regardless whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments (together with such interest), and in such event, event Lessee shall pay such only those installments that become due and payable during the term hereof (subject to Lessee's right of contest pursuant Lease Term or relate to the provisions of Article XII) Lease Term, together with any such interest, as the same respectively become due and before any fine, penalty, premium, further interest or cost may be assessed of added thereto. If Lessee may contest any refund Imposition, subject to compliance with the Loan Documents and the Lessee Contest Conditions. (b) Irrespective of the cause thereof, Lessor shall not be liable for any loss or damage resulting from Lessee's failure to pay any Imposition in accordance with Section 7.7(a). In the event of Lessee's failure to pay any Imposition, subject to its contest rights in Section 7.7(a), Lessor shall have the right, together with Lessor's remedies set forth herein, but shall not be obligated, to pay such Impositions. All sums advanced by Lessor to pay any Imposition which Lessee is required to pay hereunder shall be due in respect of any Imposition and payable by Lessee to Lessor on demand and shall earn interest from and after the date the same are paid by LesseeLessor, whether or not demand for repayment is then made, at the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article XVI. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reportsRate.