Common use of Payment of Taxes and Liens Clause in Contracts

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer shall promptly notify the City in writing of a protest of real estate taxes or valuation of the Property. (b) Developer further agrees that no mechanics’ or other liens shall be established or remain against the Property, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer and any other owners of real property within the District shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper's or such other owners' property within the District. (b) Developer further agrees that no mechanics' or other liens shall be established or remain against the PropertyTDD Project or the property within the District, or the funds in connection with any of the TDD Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so mademade for which Eligible Expenses were incurred. However, the Developer shall not be in default if mechanics' or other liens are filed or established and the Developer contests in good faith said mechanics' liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City, including the Project Site. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer and any other owners of real property within the Project Site shall promptly notify the City in writing of a protest of real estate taxes or valuation of Developer's or such other owners' property within the PropertyProject Site. (b) Developer Xxxxxxxxx further agrees that no mechanics' or other liens shall be established or remain against the PropertyProject or the property within the Project Site, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so mademade for which Eligible Expenses were incurred. However, the Developer shall not be in default if mechanics' or other liens are filed or established and the Developer contests in good faith said mechanics' liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer shall promptly notify the City in writing of a protest of real estate taxes or valuation of the Property. (b) Developer Xxxxxxxxx further agrees that no mechanics’ or other liens shall be established or remain against the Property, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Development Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD CID Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s property within the District. (b) Developer further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD CID Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer and any other owners of real property within the District shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s or such other owners’ property within the District. (b) Developer Xxxxxxxxx further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD CID Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that (i) Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending, and (ii) the City shall suspend all reimbursements of Eligible Expenses through Pay-As-You-Go CID Financing during any time that such proceedings are pending final resolution. The Developer and any other owners of real property within the District shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s or such other owners’ property within the District. (b) Developer Xxxxxxxxx further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During So long as the Term of this AgreementDeveloper owns real property within the District, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD TIF Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City District remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that (i) Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending, and (ii) the City shall suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TIF Financing during any time that such proceedings are pending final resolution. The Developer and any other owners of real property within the District shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s or such other owners’ property within the District. (b) Developer further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom. The Developer hereby agrees and covenants to indemnify and hold harmless the City in the event any liens are filed against the Project as a result of acts of the Developer, its agents or independent contractors.

Appears in 1 contract

Samples: Redevelopment Agreement

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Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD CID Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer and any other owners of real property within the District shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s or such other owners’ property within the District. (b) Developer further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City, including without limitation, the Project Site. In the event that the Developer or any of and its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD Public Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or and its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer shall promptly notify the City in writing of a protest of real estate taxes or valuation of Developer's property within the PropertyDistrict. (b) Developer Xxxxxxxxx further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the Project Site, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so mademade for which CID/TIF Project Costs were incurred. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Second Amended and Restated Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties Parties understand and agree that the City may suspend all reimbursements of Eligible Expenses Improvement Costs through Pay-As-You-Go TDD Public Financing Proceeds during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Second Amended and Restated Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however provided, however, that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer and any other owners of real property within the Districts shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper's or such other owners' property within the Districts. (b) Developer further agrees that no mechanics' or other liens shall be established or remain against the PropertyAmended Project or the property within the Districts, or the funds in connection with any of the Amended Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so mademade for which Improvement Costs were incurred. However, the Developer shall not be in default if mechanics' or other liens are filed or established and the Developer contests in good faith said mechanics' liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Development Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD CID Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending. The Developer shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s property within the District. (b) Developer Xxxxxxxxx further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

Payment of Taxes and Liens. The Parties hereby agree as follows: (a) During the Term of this Agreement, Developer and its Affiliates shall pay when due all real estate taxes and assessments on the property it owns within the City. In the event that the Developer or any of its Affiliates shall fail to pay all such applicable real estate taxes and assessments, the parties understand and agree that the City may suspend all reimbursements of Eligible Expenses through Pay-As-You-Go TDD CID Financing during any time that such real estate taxes and assessments on the property the Developer (or its Affiliate) owns within the City remain unpaid. Notwithstanding the foregoing, nothing contained in this Agreement shall prohibit the Developer or its Affiliates from contesting the assessed value of the properties, improvements or the taxes thereon in good faith by appropriate proceedings; provided however that (i) Developer or its Affiliates shall pay any and all amounts that are contested under protest while any such proceedings are pending, and (ii) the City shall suspend all reimbursements of Eligible Expenses through Pay-As-You-Go CID Financing during any time that such proceedings are pending final resolution. The Developer and any other owners of real property within the District shall promptly notify the City in writing of a protest of real estate taxes or valuation of the PropertyDeveloper’s or such other owners’ property within the District. (b) Developer further agrees that no mechanics’ or other liens shall be established or remain against the PropertyProject or the property within the District, or the funds in connection with any of the Project, for labor or materials furnished in connection with any acquisition, construction, additions, modifications, improvements, repairs, renewals or replacements so made. However, the Developer shall not be in default if mechanics’ or other liens are filed or established and the Developer contests in good faith said mechanics’ liens and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom.

Appears in 1 contract

Samples: Redevelopment Agreement

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