Common use of Permitted Contests Clause in Contracts

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien referred to in Paragraph 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any insurance policy. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expense.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien referred to in Paragraph 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any insurance policy. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at XxxxxxTenant’s sole cost and expense.

Permitted Contests. (a) So long as no Event Notwithstanding any other provision of Default has occurred and is continuing, after prior written notice to Landlordthis Lease, Tenant shall not be required to (ia) pay any Imposition, (iib) comply with any Legal Requirement, (iiic) discharge or remove any Lien lien referred to in any Paragraph 9 or 12, of this Lease except Paragraph 21 or (ivd) take any action with respect to any violation encroachment, violation, hindrance, obstruction or impairment referred to in Paragraph 11(b12(b) (such non-compliance with the terms hereof being hereinafter referred to collectively as "PERMITTED VIOLATIONS"), so long as at the time of such contest no Monetary Event of Default or Covenant Event of Default exists and so long an Tenant shall contest, in good faith and at its expensefaith, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, therefor by appropriate proceedings which shall operate during the pendency thereof to prevent or stay (Ai) the collection of, or other realization upon, the Imposition or Lien Permitted Violation so contested, (Bii) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent Premixes or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violationPermitted Violation, (Ciii) any interference with the use or occupancy of any of the Leased Premises, (Div) any interference with the payment of any Basic Rent or any Additional Rent, and (Ev) the cancellation or increase in the rate of any insurance policy. Landlord may participate in policy or a statement by the carrier that coverage will be denied or (vi) the enforcement or execution of any such contest orinjunction, if requested by Xxxxxx, shall reasonably cooperate order or Legal Requirement with Tenant in connection with any such contest at Xxxxxx’s sole cost and expenserespect to the Permitted Violation.

Permitted Contests. (a) So long as no Event Notwithstanding any other provision of Default has occurred and is continuing, after prior written notice to Landlordthis Lease, Tenant shall not be required to (ia) pay any Imposition, (iib) comply with any Legal Requirement, (iiic) discharge or remove any Lien lien referred to in any Paragraph 9 or 12, of this Lease except Paragraph 21 or (ivd) take any action with respect to any violation encroachment, violation, hindrance, obstruction or impairment referred to in Paragraph 11(b12(b) (such non-compliance with the terms hereof being hereinafter referred to collectively as "Permitted Violations"), so long as at the time of such contest no Monetary Event of Default or Covenant Event of Default exists and so long as Tenant shall contest, in good faith and at its expensefaith, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, therefor by appropriate proceedings which shall operate during the pendency thereof to prevent or stay (Ai) the collection of, or other realization upon, the Imposition or Lien Permitted Violation so contested, (Bii) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent Premises or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violationPermitted Violation, (Ciii) any interference with the use or occupancy of any of the Leased Premises, (Div) any interference with the payment of any Basic Rent or any Additional Rent, and (Ev) the cancellation or increase in the rate of any insurance policy. Landlord may participate in policy or a statement by the carrier that coverage will be denied or (vi) the enforcement or execution of any such contest orinjunction, if requested by Xxxxxx, shall reasonably cooperate order or Legal Requirement with Tenant in connection with any such contest at Xxxxxx’s sole cost and expenserespect to the Permitted Violation.

Permitted Contests. (a) So long as no Event Notwithstanding any provision of Default has occurred and is continuingthis Lease to the contrary, after prior written notice to LandlordLandlord and Lender, Tenant shall not be required to (i) pay any ImpositionTax, (ii) comply with any Legal Requirement, or (iii) discharge or remove any Lien referred to in Paragraph 9 or 12lien, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (Av) the collection of, or other realization upon, the Imposition Tax or Lien lien so contested, (Bw) the sale, forfeiture forfeiture, attachment or loss of any of the Leased Premises, any Basic Rent, Additional Rent, or Non-Rent or any Additional Rent Monetary Obligations to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violationthe same, (Cx) any interference with the use or occupancy of any of the Leased Premises, (Dy) any interference with the payment of any Basic Rent or any Rent, Additional Rent, or Non-Rent Monetary Obligations, and (Ez) the cancellation of any fire or other insurance policy. In no event shall Tenant pursue any contest with respect to any Tax, Legal Requirement, or lien referred to above in such manner that exposes Landlord, Tenant or Lender, to any criminal or civil liability, penalty or sanction. Tenant shall provide Lender or Landlord may participate in that order, as security for such contest, an amount of cash or bond equal to 125% of the amount being contested, or other security satisfactory in the reasonable opinion of Lender or Landlord in that order, in assuring the payment, compliance, discharge, removal or other action, including all costs, attorneys' fees, interest and penalties, in the event that the contest is unsuccessful. No such security shall be required if the amount involved in the contest shall not exceed one tenth (1/10th) of one percent (1%) of the tangible net worth of Tenant, computed in accordance with generally accepted accounting principles consistently applied, as determined by its most recent publicly filed financial statements (10Q and 10K) if Tenant is a publicly held company. While any such contest orproceedings are pending and the required security is held by Lender or Landlord, if requested by Xxxxxxin that order, Lender or Landlord, as the case may be, shall not have the right to pay, remove or cause to be discharged the Tax, Legal Requirement or lien thereby being contested unless Landlord or Lender reasonably cooperate with believes that any one or more of the conditions in subdivisions (v) through (z) shall not be prevented during the pendency of the contest. Tenant further agrees that each such contest shall be promptly and diligently prosecuted to a final conclusion, except that Tenant shall, so long as all of the conditions of the first sentence of this Section 18 are at all times complied with, have the right to attempt to settle or compromise such contest through negotiations. Tenant shall pay any and all judgments, decrees and costs (including all attorneys' fees and expenses) in connection with any such contest at Xxxxxx’s sole cost and expenseshall, promptly after the final determination of such contest, fully pay and discharge the amounts which shall be levied, assessed, charged or imposed or be determined to be payable therein or in connection therewith, together with all penalties, fines, interest, costs and expenses thereof or in connection therewith, and perform all acts the performance of which shall be ordered or decreed as a result thereof. Upon such payment, any cash deposit shall be refunded and any outstanding bond shall be terminated.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after 18.1 After prior written notice to Landlord, Tenant shall not be required to (ia) pay any Imposition, (iib) comply with any Legal Requirement, Requirement (iiic) discharge or remove any Lien lien referred to in Paragraph Sections 9 or 12, or (ivd) take any action with respect to any violation referred to in Paragraph 11(b) Section 11.1 so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings, which proceedings which shall operate during the pendency thereof operate to prevent (Ai) the collection of, or other realization upon, the Imposition or Lien lien so contested, (Bii) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (Ciii) any interference with the use or occupancy of any of the Leased Premises, (Div) any interference with the payment of any Basic Rent or any Additional Rent, and (Ev) the cancellation of any fire or other insurance policypolicy unless prior to the effective date of such cancellation, the policy is replaced by a substitute policy that complies with the requirements of this Lease. Subject to the foregoing, and at no cost or liability to Landlord, Landlord may participate shall to the extent necessary to enable Tenant to initiate and process such contest, join in any such contest or, if requested by Xxxxxx, shall reasonably and cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expenserespect thereto.

Permitted Contests. (a) So long as no Event Notwithstanding any other provision of Default has occurred and is continuing, after prior written notice to Landlordthis Lease, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien lien referred to in Paragraph 9 11 or 12, 13 or (iviii) take any action with respect to any violation encroachment, violation, hindrance, obstruction or impairment referred to in Paragraph 11(b12(b) (such non-compliance with the terms hereof being hereinafter referred to collectively as “Permitted Violations”) and may dispute or contest the same, so long as at the time of such non-compliance the following criteria are met (collectively, the “Contest Requirements”): (A) no Event of Default with respect to the Related Premises to which the Permitted Violation pertains, exists, (B) Tenant shall contestcontests, in good faith and at its expensefaith, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s liability therefor, therefor by appropriate proceedings which shall operate during the pendency thereof to prevent or stay (A1) the collection of, or other realization upon, the Imposition or Lien Permitted Violation so contested, (B2) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent applicable Related Premises or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violationPermitted Violation, (C3) any material interference with the use or occupancy of any of the Leased applicable Related Premises, (D4) any interference with the payment of any Basic Rent Rent, or (5) the cancellation or increase in the rate of any Additional Rentinsurance policy or a statement by the carrier that coverage will be denied, and (EC) Tenant pays to Landlord the cancellation of any insurance policy. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expense.following:

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after After prior written notice to LandlordLandlord and Lender, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien lien referred to in Paragraph 9 Paragraphs 10 or 1213, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) 12(b), so long as Tenant shall contest, in good faith and at its sole cost and expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings which which, as a condition to Tenant's right to contest the same pursuant to this Paragraph 19, shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages damages, fines or penalties caused by the violation of any such Legal Requirement or by any such violationRequirement, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional RentRent or other sums payable hereunder, and (E) the cancellation of any fire or other insurance policy. Upon the request of Landlord may participate in or Lender, at the time of commencement of or at any time during any such contest orcontest, if requested by Xxxxxx, Tenant shall reasonably cooperate with Tenant provide to Landlord and Lender a letter of credit or a bond of a surety acceptable to Landlord and Lender in connection with any such contest at Xxxxxx’s sole cost an amount satisfactory to Landlord and expenseLender.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien referred to in Paragraph Section 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph Section 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any insurance policypolicy required to be maintained under this Lease. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expense.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien referred to in Paragraph 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any insurance policy; provided that, notwithstanding the foregoing, no prior written notice shall be required to be delivered to Landlord with respect to any matter described in clauses (i) through (iv) for which the amount at issue is less than $100,000. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at XxxxxxTenant’s sole cost and expense.

Permitted Contests. (a) So long as no Event Notwithstanding any provision of Default has occurred and is continuingthis Lease to the contrary, after prior written notice to LandlordLandlord and Lender, Tenant shall not be required to (i) pay any ImpositionTax, (ii) comply with any Legal Requirement, or (iii) discharge or remove any Lien referred to in Paragraph 9 or 12lien, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (Av) the collection of, or other realization upon, the Imposition Tax or Lien lien so contested, (Bw) the sale, forfeiture forfeiture, attachment or loss of any of the Leased Premises, any Basic Rent, Additional Rent, or Non-Rent or any Additional Rent Monetary Obligations to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violationthe same, (Cx) any interference with the use or occupancy of any of the Leased Premises, (Dy) any interference with the payment of any Basic Rent or any Rent, Additional Rent, or Non-Rent Monetary Obligations, and (Ez) the cancellation of any fire or other insurance policy. In no event shall Tenant pursue any contest with respect to any Tax, Legal Requirement, or lien referred to above in such manner that exposes Landlord, Tenant or Lender, to any criminal or civil liability, penalty or sanction. Tenant shall provide Lender or Landlord may participate in that order, as security for such contest, an amount of cash or bond equal to 125% of the amount being contested, or other security satisfactory in the reasonable opinion of Lender or Landlord in that order, in assuring the payment, compliance, discharge, removal or other action, including all costs, attorneys' fees, interest and penalties, in the event that the contest is unsuccessful. No such security shall be required if the amount involved in the contest shall not exceed one tenth (1/10th) of one percent (1%) of the tangible net worth of Tenant, computed in accordance with generally accepted accounting principles consistently applied, as determined by its most recent publicly filed financial statements (10Q and 10K) if Tenant is a publicly held company. While any such contest orproceedings are pending and the required security is held by Lender or Landlord, if requested by Xxxxxxin that order, Lender or Landlord, as the case may be, shall not have the right to pay, remove or cause to be discharged the Tax, Legal Requirement or lien thereby being contested unless Landlord or Lender reasonably cooperate with believes that any one or more of the conditions in subdivisions (v) through (z) shall not be prevented during the pendency of the contest. Tenant further agrees that each such contest shall be promptly and diligently prosecuted to a final conclusion, except that Tenant shall, so long as all of the conditions of the first sentence of this Section 18 are at all times complied with, have the right to attempt to settle or compromise such contest through negotiations. Tenant shall pay any and all judgments, decrees and costs (including all attorneys' fees and expenses) in connection with any such contest at Xxxxxx’s sole cost and expenseshall, promptly after the final determination of such contest, fully pay and discharge the amounts which shall be levied, assessed, charged or imposed or be determined to be payable therein or in connection therewith, together with all penalties, fines, interest, costs and expenses thereof or in connection therewith, and perform all acts the performance of which shall be ordered or decreed as a result thereof. Upon such payment, any cash deposit shall be refunded and any outstanding bond shall be terminated. (b) Upon receipt of any supplemental xxxx, notice, or similar communication in connection with a property tax reassessment relating to the Leased Premises (in each such instance, a "Reassessment Claim"), Landlord shall within three (3) Business Days provide Notice of such Reassessment Claim to Tenant. Tenant shall have the right to directly discuss with, negotiate with, or otherwise communicate with any governmental authority or agency in connection with such a Reassessment Claim. If a power of attorney is required by any governmental authority or agency to allow Tenant to contest such Reassessment Claim, Landlord shall provide Tenant with a properly executed power of attorney. Tenant shall have the right to contest the amount or validity of any such Reassessment Claim by appropriate legal or administrative proceedings, conducted in good faith and with due diligence, provided that (a) Tenant complies with the provisions of Section 18(a) with respect thereto, (b) the foregoing shall in no way be construed as relieving, modifying or extending Tenant's obligation to pay any Reassessment Claim as finally determined, and (c) no part of the Leased Premises shall be in any immediate danger of sale, forfeiture, attachment or loss. Landlord agrees to join in any such proceedings if required legally to prosecute such contest, provided that Landlord shall not thereby be subjected to any liability therefor (including, without limitation, for the payment of any costs or expenses in connection therewith) unless Tenant agrees by agreement in form and substance reasonably satisfactory to Landlord, to assume and indemnify Landlord with respect to the same. 19.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien lien referred to in Paragraph 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any fire or other insurance policy. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expense.

Permitted Contests. (ad) So long as no Event of Default has occurred and is continuing, after prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien referred to in Paragraph 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any insurance policy. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expense.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after After prior written notice to Landlord, Tenant shall not be required to (i) pay any Imposition, (ii) comply with any Legal Requirement, (iii) discharge or remove any Lien lien referred to in Paragraph Paragraphs 9 or 12, or (iv) take any action with respect to any violation referred to in Paragraph 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization upon, the Imposition or Lien lien so contested, (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, (C) any interference with the use or occupancy of any of the Leased Premises, (D) any interference with the payment of any Basic Rent or any Additional Rent, and (E) the cancellation of any fire or other insurance policypolicy unless prior to the effective date of such cancellation, the policy is replaced by a substitute policy that complies with the requirements of this Lease. Subject to the foregoing, and at no cost to Landlord, Landlord may participate in shall fully cooperate with the commencement and prosecution of any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expensecontest.

Permitted Contests. (a) So long as no Event of Default has occurred and is continuing, after After prior written notice to LandlordLandlord and any Lender, Tenant shall will not be required to to: (i) pay any Imposition, ; (ii) comply with any Legal Requirement, ; (iii) discharge or remove any Lien lien referred to in Paragraph Sections 9 or 12, ; or (iv) take any action with respect to any violation referred to in Paragraph Section 11(b) so long as Tenant shall contest, in good faith and at its expense, the existence, the amount or the validity thereof, the amount of the damages caused thereby, or the extent of its or Landlord’s 's liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent prevent: (A) the collection of, or other realization upon, the Imposition or Lien lien so contested, ; (B) the sale, forfeiture or loss of any of the Leased Premises, any Basic Rent or any Additional Rent to satisfy the same or to pay any damages caused by the violation of any such Legal Requirement or by any such violation, ; (C) any interference with the use or occupancy of any of the Leased Premises, ; (D) any interference with the payment of any Basic Rent or any Additional Rent, ; and (E) the cancellation of any fire or other insurance policy. Landlord may participate in any such contest or, if requested by Xxxxxx, shall reasonably cooperate with Tenant in connection with any such contest at Xxxxxx’s sole cost and expense.