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.
Appears in 8 contracts
Samples: Lease Agreement (Plumas Bancorp), Lease Agreement (Finward Bancorp), Lease Agreement (Finward Bancorp)
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.
Appears in 3 contracts
Samples: HTM Lease Agreement, Lease Agreement (Chefs' Warehouse, Inc.), Year Lease Agreement (Susquehanna Bancshares Inc)
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.
Appears in 2 contracts
Samples: Sublease Agreement (Metabasis Therapeutics Inc), 30 Sublease Agreement (Amylin Pharmaceuticals Inc)
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.
Appears in 2 contracts
Samples: Sublease Agreement (Collateral Therapeutics Inc), Sublease Agreement and Furniture Rental Agreement (Collateral Therapeutics Inc)
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.
Appears in 1 contract
Samples: Agreement (Finward Bancorp)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Lease (Performance Food Group Co)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Purchase Agreement and Escrow Instructions (Sports Authority Inc /De/)
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.
Appears in 1 contract
Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)
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:
Appears in 1 contract
Samples: Lease Agreement (Corporate Property Associates 17 - Global INC)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Lease Agreement (NuStar Energy L.P.)