Common use of Permitted Contests Other Than in Respect of Indemnities Clause in Contracts

Permitted Contests Other Than in Respect of Indemnities. Except to the extent otherwise provided for in Section 11 of the Participation Agreement, each applicable Lessee, on its own or on Lessor's behalf but at such Lessee's sole cost and expense, may contest, by appropriate administrative or judicial proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any Legal Requirement, Imposition or utility charge payable pursuant to Section 4.1 or any Lien, attachment, levy, encumbrance or encroachment, and Lessor agrees not to pay, settle or otherwise compromise any such item, provided, that (a) the commencement and continuation of such proceedings shall suspend the collection of any such contested amount from, and suspend the enforcement thereof against, each Property with respect to which such Lessee has executed a Lease Supplement, Lessor, each Holder, the Agent and each Lender; (b) there shall not be imposed a Lien (other than Permitted Liens and Lessor Liens) on any such Property and no part of any such Property nor any Rent would be in any danger of being sold, forfeited, lost or deferred; (c) at no time during the permitted contest shall there be a risk of the imposition of criminal liability or material civil liability on Lessor, any Holder, the Agent or any Lender for failure to comply therewith; and (d) in the event that, at any time, there shall be a material risk of extending the application of such item beyond the end of the Term, then such Lessee shall deliver to Lessor an Officer's Certificate certifying as to the matters set forth in clauses (a), (b) and (c) of this Section 13.

Permitted Contests Other Than in Respect of Indemnities. Except to the extent otherwise provided for in Section 11 13 of the Participation Agreement, each applicable Lessee, on its own or on Lessor's behalf but at such Lessee's sole cost and expense, may contest, by appropriate administrative or judicial proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any Legal Requirement, Imposition or utility charge charges payable pursuant to Section 4.1 or any Lien, attachment, levy, encumbrance or encroachment, and Lessor agrees not to pay, settle or otherwise compromise any such item, provided, provided that (a) Lessee provides to Lessor such security or other assurances reasonably acceptable to Lessor that Lessee can and will satisfy the commencement Lien and continuation comply with the Legal Requirements in sufficient time to prevent any sale, forfeiture or loss by reason of such proceedings shall suspend the collection of any such contested amount fromnon-payment or noncompliance, and suspend the enforcement thereof against, each Property with respect to which such Lessee has executed a Lease Supplement, Lessor, each Holder, the Agent and each Lender; (b) there shall not be imposed a Lien (other than Permitted Liens and Lessor Liens) on any such Property and no part of any such Property nor any Rent would be in any danger of being sold, forfeited, lost or deferred; (c) at no time during the permitted contest shall there be a risk of the imposition of criminal liability or material civil liability (in the case of a civil liability, unless Lessee provides to Lessor such security or other assurances reasonably acceptable to Lessor that Lessee can and will satisfy such liability) on Lessor, any Holder, the Agent or any Lender for failure to comply therewith; and (dc) in the event that, at any time, there shall be a material risk of extending the application of such item beyond the end of the Term, then such Lessee shall deliver to Lessor an Officer's 13 Certificate certifying as to the matters set forth in clauses (a), (b) and (cb) of this Section 13.

Permitted Contests Other Than in Respect of Indemnities. Except to ------------------------------------------------------- the extent otherwise provided for in Section 11 13 of the Participation Agreement, each applicable ----------------------------------------- the Lessee, on its own or on the Lessor's behalf but at such the Lessee's sole cost and expense, may contest, by appropriate administrative or judicial proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any Legal RequirementRequirement of Law, Imposition or utility charge charges payable pursuant to Section 4.1 or any Lien, attachment, levy, encumbrance or ----------- encroachment, and the Lessor agrees not to pay, settle or otherwise compromise any such item, provided, provided that (a) the commencement and continuation of such -------- proceedings shall suspend the collection of any such contested amount thereof from, and suspend the enforcement thereof against, each Property with respect to which such Lessee has executed a Lease Supplementthe Property, the Lessor, each Holder, the Agent and each Lenderthe Participants or the Lessee shall have bonded or otherwise secured such amount in a manner satisfactory to the Lessor and the Agent; (b) there shall not be imposed no risk of the imposition of a Lien (other than Permitted Exceptions or Liens and Lessor Liens) on any such Property and no part of any such Property nor any Rent would be for which adequate security (in any danger of being sold, forfeited, lost or deferred; (c) at no time during the permitted contest shall there be a risk opinion of the imposition of criminal liability or material civil liability on Lessor, any Holder, the Agent or any Lender ) for failure to comply therewith; and (d) payments in the event thatof an unsuccessful contest has been posted) on the Property Section 13.1. The Lessor, at any timethe Lessee's sole cost and expense, there shall be a material risk of extending the application of such item beyond the end of the Term, then such Lessee shall execute ------------ and deliver to Lessor an Officerthe Lessee such authorizations and other documents as may reasonably be required in connection with any such contest and, if reasonably requested by the Lessee, shall join as a party therein at the Lessee's Certificate certifying as to the matters set forth in clauses (a), (b) sole cost and (c) of this Section 13expense.

Permitted Contests Other Than in Respect of Indemnities. Except to the extent otherwise provided for in Section 11 13 of the Participation Agreement, each applicable the Lessee, on its own or on the Lessor's behalf but at such the Lessee's sole cost and expense, may contest, by appropriate administrative or judicial proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any Legal RequirementRequirement of Law, Imposition or utility charge charges payable pursuant to Section 4.1 (including, without limitation any tax assessment, valuation or levy) or any Lien, attachment, levy, encumbrance or encroachment, and the Lessor agrees not to pay, settle or otherwise compromise any such item, provided, provided that (a) the commencement and continuation of such proceedings shall (except with respect to tax contests) suspend the collection of any such contested amount thereof from, and suspend the enforcement thereof against, each Property with respect to which such Lessee has executed a Lease Supplementthe Property, the Lessor, each Holder, the Agent and each Lenderthe Participants or the Lessee shall have bonded or otherwise secured such amount in a manner satisfactory to the Lessor and the Agent; (b) there shall not be imposed no risk of the imposition of a Lien (other than Permitted Liens and Lessor LiensExceptions) on any such the Property and no part of any such the Property nor any Rent would be in any danger of being sold, forfeited, lost or deferred; (c) at no time during the permitted contest shall there be a risk of the imposition of criminal liability or material civil liability on no 1. The Lessor, any Holderat the Lessee's sole cost and expense, the Agent or any Lender for failure to comply therewith; shall execute and (d) in the event that, at any time, there shall be a material risk of extending the application of such item beyond the end of the Term, then such Lessee shall deliver to Lessor an Officerthe Lessee such authorizations and other documents as may reasonably be required in connection with any such contest and, if reasonably requested by the Lessee, shall join as a party therein at the Lessee's Certificate certifying as to the matters set forth in clauses (a), (b) sole cost and (c) of this Section 13expense.

Permitted Contests Other Than in Respect of Indemnities. Except to the extent otherwise provided for in Section 11 of the Participation Agreement, each applicable Lesseethe Construction Agent, on its own or on the Lessor's ’s behalf but at such Lessee's sole cost and expense, may contest, by appropriate administrative or judicial proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any Legal Requirement, Imposition or utility charge payable pursuant to any of the matters described in Section 4.1 3.8(c) or any Lien, attachment, levy, encumbrance or encroachment, encroachment and the Lessor agrees not to pay, settle or otherwise compromise any such item, provided, that (a) the commencement and continuation of such proceedings shall suspend the collection of any such contested amount from, and suspend the enforcement thereof against, each Property with respect to which such Lessee has executed a Lease Supplementthe Property, the Lessor, each Holder, the Agent and each LenderPrimary Financing Party; (b) there shall not be imposed a Lien (other than Permitted Liens and the Lessor Liens) on the Property that would subject any such Property and no part of any such the Property nor any Rent would be in any danger to a material risk of being sold, forfeited, lost or deferreddeferred or a material reduction in value; (c) at no time during the permitted contest shall there be a risk of the imposition of criminal liability or material civil liability on Lessor, any Holder, the Agent or any Lender Primary Financing Party for failure to comply therewith; and (d) in the event that, at any time, there shall be a material risk of extending the application of such item beyond the end of the TermConstruction Period, then such Lessee the Construction Agent shall deliver to Lessor the Lessor, the Agent and each other Financing Party an Officer's ’s Certificate certifying as to the matters set forth in clauses (a), (b) and (c) of this Section 133.10. The Lessor shall execute and deliver to the Construction Agent such authorizations and other documents as may reasonably be required in connection with any such contest and, if reasonably requested by the Construction Agent, shall join as a party therein.