Right to Contest Assessments. Landlord may contest any and all such real estate taxes. If the result of any such contest shall be a reduction in the amount of the real estate taxes so contested, that portion of any refund, reduction, credit or recovery from the taxing authorities with respect to such real estate taxes which is in the same proportion of the total refund or recovery as Tenant's share of taxes, shall belong to Tenant, and the balance shall belong to Landlord. The cost of any such contest shall be paid as Additional Rent in the same proportionate share as the real estate taxes are paid.
Right to Contest Assessments. Tenant may, at its expense, contest any and all such real estate taxes in the name of and on behalf of the Landlord.
Right to Contest Assessments. Tenant shall, at its expense, upon notice to Landlord have the right to contest any and all such real estate taxes in the name of and on behalf of Landlord. Landlord shall, on the request of Xxxxxx, cooperate in such contest by Xxxxxx, except for the cost thereof. If the result of any such contest shall be a reduction in the amount of the real estate taxes so contested, the net portion of each refund or recovery from the taxing authorities with respect to such real estate taxes after deduction of the cost of the contest, which is in the same proportion of the total refund or recovery as Xxxxxx's share of taxes, shall belong to Tenant, and the balance shall belong to Landlord.
Right to Contest Assessments. Nothing herein shall prevent the New York Companies from challenging any real property tax assessments relating to the Bowline Facility, the Xxxxxx Facility, or the HVG Property based upon an assessment that becomes final after December 31, 2006 (excluding the 2006 assessments addressed in this Agreement).
Right to Contest Assessments. Landlord and Tenant agree to consult with each other and to keep each other advised concerning the assessment and/or tax rate for any Real Estate Taxes and any controversy or contest pertaining to any Real Estate Tax. Tenant shall have the right, but not the obligation, to protest or appeal any such assessment and/or tax rate and to petition for a refund or rebate of the whole or part of any Real Estate Taxes and to carry on any proper proceedings, legal or otherwise, in connection therewith; provided, however, (i) Tenant shall pay the amounts under protest or appeal to the Escrow Agent and, to the extent that such Real Estate Taxes are due to be paid to the applicable Authorities prior to final resolution of such protest or appeal, the Escrow Agent shall pay the applicable taxes, but with notice of protest if requested by Tenant; (ii) Tenant shall comply with all laws, orders, rules and regulations respecting such contest; and (iii) give Landlord prior written notice of Tenant's intent to contest the amount or validity and provide Landlord will copies of any notices filed or documents submitted with regard to any such proceeding. If required by law, Tenant shall have the right to take such action in the name of Landlord, and Landlord shall cooperate with Tenant to the extent Tenant may reasonably require; provided, however, Tenant shall indemnify and save Landlord harmless from and against all loss, cost, damage and expense as a result thereof. As to Real Estate Taxes attributable to periods prior to the Rent Commencement Date, to the last year of the Term (after Tenant has waived or no longer has any Renewal Option), or upon an Event of Default, Landlord shall have a right to initiate and prosecute such proceedings if Tenant fails to initiate or prosecute such proceedings, or participate in such proceedings if Tenant initiates and prosecutes such proceedings. Landlord will furnish Tenant, on request, with prior tax receipts, bills or other data and execute any instruments, which Tenant may deem necessary or proper for the purpose of said protest or review, and such authorization or allegations as may be necessary therefor. The cost and expense of any such proceeding instituted by Tenant shall be borne by Tenant and in the event Tenant shall obtain an abatement, reduction or refund, Tenant shall be entitled to the entire amount thereof (except to the extent any portion thereof represents Real Estate Taxes paid by Landlord respecting periods before the Ren...
Right to Contest Assessments. In the event that, during the term hereof, an assessment shall be placed on any portion of the Project by the Town, the Company shall have the rights of an owner of taxable property to challenge any such assessment, including seeking judicial review of an assessment pursuant to Article 7 of the RPTL.
