Real Estate Tax Contests. Landlord shall have no obligation to contest, object to, or litigate the levying, assessment, or imposition of Real Estate Taxes, and may settle, compromise, consent to, waive, or otherwise determine any such Real Estate Taxes without consent of or notice to Tenant. In all events, Landlord shall have the right to employ a tax consulting firm to attempt to assure a fair tax burden on the Building or Project. Tenant shall pay to Landlord on demand from time to time, as Additional Rent, Tenant’s Proportionate Share of the cost of such service. Landlord shall have the right to retain legal counsel and expert witnesses to assist in such contest and otherwise to incur reasonable expenses in such contest, and Tenant shall pay on demand Tenant’s Proportionate Share of any fees, expenses, and costs incurred by Landlord in contesting any assessments, levies, or tax rate applicable to the Building or portions thereof regardless of whether such contest is successful. If such contest results in a refund of Real Estate Taxes in any year, Tenant shall be entitled to receive its share of such refund (based on Tenant’s Proportionate Share), prorated for the period with respect to which Tenant paid its share of Real Estate Taxes for such year, after deducting from the refund all fees, expenses, and costs incurred by Landlord in such contest.
Real Estate Tax Contests. Landlord may, from time to time, and Tenant may request that Landlord, from time to time, to initiate and prosecute any proceedings permitted by law for the purpose of obtaining an abatement of, or otherwise contesting the validity or amount of Real Estate Taxes. If requested by Tenant, Landlord shall, at no cost to Landlord, keep Tenant reasonably apprised of such proceedings and provide copies of any relevant documents filed in connection therewith. Landlord’s reasonable costs and expenses of pursuing any such contest shall be included in Real Estate Taxes. Landlord shall apply Tenant’s Proportionate Share of any recovery as a result of any such contest (net of the reasonable cost and expenses therefor), toward Tenant’s next estimated payment(s) pursuant to this Section 5.5.
Real Estate Tax Contests. Landlord shall contest, protest, petition for review, or otherwise seek a reduction in the Real Estate Taxes if it would be commercially prudent for Landlord to do so if Landlord were paying the same without reimbursement from Tenant. In the event Landlord does not elect to contest Real Estate Taxes, Landlord shall timely notify Tenant of such election while a reasonable opportunity to commence such contest remains, and Tenant shall have the right to contest Real Estate Taxes (and Landlord shall reasonably cooperate with Tenant in connection with such contest), provided that Real Estate Taxes are paid in a timely manner and such contest or the manner in which it is conducted does not expose Landlord to increased Real Estate Taxes for the Property or any other Property in the business park in which the Property is located, or any other penalties, fines or tax liens.
Real Estate Tax Contests. Landlord shall, after written notice from Tenant, contest any real estate tax assessment for any year during the Term. If Landlord shall fail or refuse to contest a real estate tax assessment requested by Tenant, then Tenant may bring appropriate proceedings in Landlord's and/or Tenant's name for contesting any assessment for any tax year during the Term. The net amount of real estate taxes recovered as a result of such proceedings, whether commenced or paid for by Landlord or Tenant (e.g., the amount recovered after payment of all sums necessary to attain such recovery), will be shared between Landlord and Tenant with Tenant receiving Tenant's Proportionate Share thereof. If Tenant contests any real estate tax assessment, it will reimburse Landlord for Landlord's reasonable costs incurred in connection with Tenant's contest, including any increase in the Project's real estate taxes. Landlord and Tenant shall cooperate with each other with respect to the proceedings so far as is reasonably necessary.
Real Estate Tax Contests. (a) Pre-Closing Tax Year Contests. Seller and/or Operating Tenant may have filed or joined, and may hereafter file, applications for the reduction of the assessed valuation of the Real Property for previous tax years and may have caused or may hereafter cause certiorari proceedings to be instituted to review such assessed valuations. Each of Seller and/or Operating Tenant shall have the sole right to prosecute, compromise and/or settle such applicable proceedings with counsel of its own choosing prior to and after the Closing Date, and Seller and/or Operating Tenant shall be entitled to one hundred percent (100%) of any refunds, abatements or credits awarded in any such proceedings or as a result of any compromise or settlement with respect thereto; it being agreed that Purchaser shall have no interest in any such refunds, abatements or credits.
Real Estate Tax Contests. If there is any change by the taxing body in the period for which any of the Real Estate Taxes are levied, assessed or imposed, Landlord shall have the right, in its reasonable discretion, to make appropriate adjustments with respect to computing increases in Real Estate Taxes provided Tenant is not thereby unduly prejudiced. Real Estate Taxes which are being contested by Landlord shall be included for purposes of computing Tenant's Percentage of Increased Real Estate Taxes under this paragraph, but if Tenant shall have paid an amount of Real Estate Taxes because of such inclusion of contested Real Estate Taxes and Landlord thereafter receives a refund of such Taxes, Tenant shall be credited with the excess toward estimated payments of Increased Real Estate Taxes proportionate with the refund of Increased Real Estate Taxes, reduced by the proportionate cost of obtaining such refund. The credit shall be prorated over the following calendar year. Landlord shall have no obligation to contest, object to or litigate any levying, assessment or imposition of Real Estate Taxes, and may settle, compromise, consent to, waive or otherwise determine any such Real Estate Taxes without the consent of Tenant.
Real Estate Tax Contests. Notwithstanding the foregoing provisions of this Section 7.5, after the expiration of the Due Diligence Period, (1) Seller shall not commence any proceeding to contest any real estate taxes or assessments with respect to the Property without the prior written consent of Purchaser, which consent may be withheld in Purchaser’s sole discretion, and (2) Purchaser shall have the right to control any contest proceeding for any real estate taxes or assessments with respect to the Property.
Real Estate Tax Contests. Seller is not presently engaged in any contest of real estate taxes affecting the Property.
Real Estate Tax Contests. If there is any change by the taxing body in the period for which any of the Real Estate Taxes are levied, assessed or imposed, Landlord shall have the right, in its sole but reasonable discretion, to make appropriate adjustments with respect to computing increases in Real Estate Taxes provided Tenant is not thereby unduly prejudiced. Real Estate Taxes which are being contested by Landlord shall be included for purposes of computing Tenant's Percentage of Increased Real Estate Taxes under this paragraph, but if Tenant shall have paid an amount of Real Estate Taxes because of such inclusion of contested Real Estate Taxes and Landlord thereafter receives a refund of such Taxes, Tenant shall be credited with the excess in an amount proportionate with the refund of Increased Real Estate Taxes (and any interest thereon) received by Landlord, reduced by the proportionate cost of obtaining such refund. The credit shall be applied to the installment(s) of Rent next coming due under this Lease, unless the Term of this Lease shall have expired, in which event Landlord shall refund such excess, together with only such proportionate share of the interest thereon which is actually paid by the Government of the District of Columbia to Landlord within thirty (30) days following the later to occur of (i) Landlord's receipt of its refund or (ii) the cure by Tenant of any default which is then pending. Landlord shall have no obligation to contest, object to or litigate any levying, assessment or imposition of Real Estate Taxes, and may settle, compromise, consent to, waive or otherwise determine any such Real Estate Taxes without the consent of Tenant.
Real Estate Tax Contests. In the event of any change by the taxing body in the period for which any of the Real Estate Tax Expenses are levied, assessed or imposed, Landlord shall have the right, in its sole discretion, to make appropriate adjustments with respect to computing increases in Real Estate Tax Expenses provided Tenant is not thereby unduly prejudiced. Real Estate Tax Expenses which are being contested by Landlord shall be included for purposes of computing Tenant’s Share of Increased Operating and Real Estate Tax Expenses under this Section, but if Tenant shall have paid an amount of Additional Rent because of such inclusion of contested Real Estate Tax Expenses and Landlord thereafter receives a refund of such taxes, Tenant shall be credited with the excess toward estimated payments of Real Estate Tax Expenses proportionate with the refund of real estate taxes, reduced by the proportionate cost of obtaining such refund. If Landlord receives such refund after the Term has expired, Tenant’s share shall be refunded. Landlord shall have no obligation to contest, object to or litigate the levy, assessment or imposition of Real Estate Tax Expenses, and may settle, compromise, consent to, waive or otherwise determine any such Real Estate Tax Expenses without consent of Tenant.
