Permitted Contest. Lessee shall not be required to pay any cost, expense or charge or perform any obligation so long as Lessee contests in good faith and at its own expense the amount or validity thereof by appropriate proceedings which shall operate to prevent the collection thereof or realization thereon and the sale, foreclosure or forfeiture of the Property or any part thereof to satisfy the same, and Lessee shall have furnished any security as may be required in the applicable proceeding, and, pending any such proceedings, Lessor shall not have the right to pay or perform the same. Lessee further agrees that such contest shall be prosecuted to a final conclusion diligently, that it will indemnify the Indemnified Parties against any and all loss, costs and expenses, including reasonable attorneys’ fees, in connection therewith, and that it will, promptly after the final determination of such contest, fully pay any amounts determined to be payable thereon and/or fully perform any obligations to be performed thereon, together will all penalties, fines, interest, costs and expenses resulting from such contest. Upon Lessee’s request, Lessor shall prosecute such contest, if required by Legal Requirements, at no cost or expense to Lessor other than any de minimis cost or expense
Permitted Contest. 11 ARTICLE XIII INSURANCE.......................................................................................... 11
Permitted Contest. Permitted Contest" means a good faith active contest of any taxes, assessment, sewer rates, water rates or sums due by Borrower provided that (1) the Borrower first shall have notified Lender of such contest, (2) an Event of Default has not occurred under any of the Loan Documents, (3) the Borrower shall have set aside reasonable adequate reserves for any such taxes, assessments and other charges, and (4) the Borrower demonstrates to the reasonable satisfaction of the Lender that the non-payment of such items will not subject the lien of the Mortgage as to any part of the Land, to loss or forfeiture.
Permitted Contest. Tenant shall have the right to contest or review the amount or validity of all Impositions and any repairs and improvements required by any law, rule, regulation or requirement of any public authority and the effect on the Demised Premises or Tenant's use thereof of any laws, rules, regulations and requirements of any public authority by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant shall conduct, if necessary or appropriate, in the name of and with the cooperation of Landlord). Landlord shall execute all documents necessary or appropriate to comply with the foregoing, and Landlord hereby irrevocably constitutes and appoints Tenant as its agent and attorney-in-fact to execute and deliver any such documents which Tenant deems necessary or appropriate to carry out the intent and purposes of this Article, such appointment being a power coupled with an interest. Pending any such proceeding Landlord shall have the right to pay any Imposition in the minimum amount (but not in excess thereof) required by law in order to maintain such proceeding. Notwithstanding the foregoing, however, Tenant shall promptly pay all Impositions if at any time the Demised Premises or any part thereof shall then be immediately subject to forfeiture or if Landlord shall be subject to any criminal liability arising out of the nonpayment thereof.
Permitted Contest. Tenant, at its cost and expense, and if legally required in the name of Landlord, may contest by appropriate legal proceedings conducted in good faith and with due diligence, the amount, validity, or application, in whole or in part, or any assessment upon which a tax will be based, of any tax assessment or charge required to be paid hereunder, or any legal requirement or insurance requirement, provided that neither the Leased Premises nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings, and provided further in the case of a legal requirement, Landlord would not be in any imminent danger of any civil or criminal liability for failure to comply therewith, and the Leased Premises would not be subject imminently to the imposition of any lien as a result of such failure. Landlord shall promptly furnish to Tenant all notices received by it regarding increases in taxes, assessments, legal and insurance requirements and shall reasonably cooperate with Tenant so long as Tenant pays all out of pocket expenses incurred by reason of such cooperation. Each such contest shall be promptly prosecuted to a final conclusion, and Tenant shall pay and save Landlord harmless against all losses, judgments, decrees and costs, including reasonable attorneys’ fees and expenses in connection therewith, and shall promptly, after the final determination of such contest, pay and discharge the amounts which shall be levied, assessed or imposed and deemed to be payable therein, together with all penalties, fines, interest, costs and expenses thereon or in connection therewith. Tenant shall be entitled to all refunds received as a result of such contests, provided Tenant shall have been liable for the payment of such tax, assessment, legal or insurance requirement.
Permitted Contest. Tenant shall have the right to contest the validity or application of any requirements of governmental approvals or any other ordinance, law, rule or regulation relating to the use of the Property by appropriate legal proceedings conducted at Tenant’s expense. Any such contest may be brought in the name of Landlord if required by law, and Landlord agrees to execute and deliver such instruments as are reasonably requested by Tenant to facilitate such contest. If allowed by law, Tenant may delay compliance with the contested requirement of any governmental approvals until final determination of the contest.
Permitted Contest. Tenant shall not be required to pay any tax referred to in Article 8, discharge or remove any lien referred to in Article 9, or comply with any law or agreement referred to in Article 8, so long as Tenant shall contest by appropriate proceedings, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damage caused thereby or the extent of its liability thereafter. While any such proceedings are pending, Landlord shall not have the right to pay any such tax, assessment or lien or comply with any law or agreement thereby being contested. Any such contest shall be conducted, as between Landlord and Tenant, at the sole expense of Tenant.
Permitted Contest. The Tenant will have the right to contest the validity or application of any Legal Requirement which the Tenant is hereunder required to comply with, by diligent pursuit of appropriate legal
Permitted Contest. If, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law or any Lien, encumbrance, levy, attachment or encroachment relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee, or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law or remove or discharge any Lien, encumbrance, levy, attachment or encroachment but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not (in the reasonable opinion of the Lessor, the Indenture Trustee and the Purchasers) involve (A) any risk of criminal liability being imposed on the Lessor, the Indenture Trustee or any Purchaser for failure to comply therewith or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any part thereof, or (2) the nonpayment of Rent or (C) any substantial risk of (1) the creation of any Lien (other than a Permitted Property Lien) on any part of the Property, (2) civil liability being imposed on the Lessor, the Indenture Trustee, any Purchaser or the Property unless the Lessee shall have otherwise bonded or secured such amounts in a manner satisfactory to the Lessor, the Indenture Trustee and the Purchasers, as the case may be, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any respect.
Permitted Contest. Provided that Mortgagor shall not be in ----------------- default under any of the Loan Documents, Mortgagor shall have the right to contest the amount or the validity, in whole or in part, of any Imposition by appropriate proceedings diligently conducted in good faith. To prevent default hereunder, Mortgagor shall pay in full under protest, in the manner provided by statute, any Impositions which Mortgagor may decide to contest. Upon the conclusion of the proceedings pursuant to which Mortgagor shall have contested the amount or validity of an Imposition, any refund shall be paid to Mortgagor, unless Mortgagor shall be in default under any of the Loan Documents, in which case Mortgagor shall apply such refund to cure such default, and the remainder of such refund, if any, shall be repaid to Mortgagor.
