Tax Appeal. Tenant shall not have the right to contest the validity or amount, in whole or in part, of any imposition associated with the Solar Facility by appropriate proceedings timely instituted, if such imposition is assessed in conjunction with any imposition jointly assessed with Landlord or such contest by Tenant could result in any official or judicial sale of the Leased Premises or any part thereof, or the Property. Tenant shall hold Landlord harmless from any costs and expenses related to any such contest. Any refund of real estate taxes or other impositions payable or paid by Tenant as a result of any such proceedings attributable to a period of time during the Term shall be the property of Tenant.
Tax Appeal. Any expense incurred by the Landlord in obtaining or attempting to obtain a reduction in the amount of the Tax or the assessment upon which the Tax may be based, shall be added to and included in the amount of the Tax and if the Tenant shall have paid its Proportionate Share of the Tax and the Landlord shall thereafter receive a refund of any portion of the Tax, the Landlord shall make an appropriate refund to the Tenant.
Tax Appeal. The Company agrees to waive the right to appeal property taxes on the Project for five (5) years following the final Abatement deduction benefit for the Project unless (i) the initial assessment is in excess of actual hard construction costs; or (ii) if a trending assessment or reassessment increases the assessment for the building to an amount in excess of 110% of the initial assessment amount.
Tax Appeal. Any expense incurred by the Landlord in obtaining or attempting to obtain a reduction in the amount of the Tax or the assessment upon which the Tax may be based, shall be added to and included in the amount of the Tax and if the Tenant shall have paid its Proportionate Share of the Tax and the Landlord shall thereafter receive a refund of any portion of the Tax, the Landlord shall make an appropriate refund to the Tenant. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Tax Appeal. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax appeal or any applications or proceedings for reduction;
Tax Appeal. To file any appeal to an audit determination.
Tax Appeal. If, at any time during this Agreement the comparison to real property taxes otherwise due in Section 4.04(b) becomes relevant to the calculation of the Annual Service Charge, Redeveloper shall have the right, at its option, to appeal the assessment of the Land and Improvements. Any such appeal shall be filed in accordance with, and governed by, the applicable laws and regulations that govern tax appeals generally. Any such challenge shall be brought within the time permitted for the filing of tax appeals under Applicable Law. Notwithstanding the foregoing, if for any reason it should be determined that the tax court lacks jurisdiction, then the assessment may be contested pursuant to the dispute resolution provisions of this Agreement, and if an appeal was initially filed in a timely manner with the tax court, shall be deemed to have been timely filed.
Tax Appeal. If, by virtue of any application or proceeding brought by or on behalf of Landlord, there shall be a reduction of the assessed valuation of the Project for any year, including the Base Year, which affects the Taxes, or part thereof, for which Additional Rent has been paid by Tenant pursuant to this Article, such Additional Rent payment shall be recomputed on the basis of any such reduction and Landlord will credit against the next accruing installment of Monthly Rent due under this Lease, after receipt by Landlord of a tax refund or credit, any sums paid by Tenant in excess of the recomputed amounts, less a sum equal to Tenant's Share of all costs, expenses, and fees, including reasonable attorney's fees incurred by Landlord in connection with such application or proceeding.
Tax Appeal. The Wrap Building Property Owner will be required to covenant that it will not challenge or appeal the applicable tax rate, the assessed value of the Wrap Building Project, or the application of the applicable tax rate to the assessed value, to the extent that such challenge or appeal would result in the Tax Increment being less than 110% of the aggregated Projected Phase Tax Increment for Phase I and Phase II. EXHIBIT D Required Insurance The attached sample Certificate of Liability Insurance sets forth the minimum coverages Developer is required to maintain during construction of the Garage Project and otherwise in accordance with this Agreement. Each policy shall name Building Corporation as an additional insured. No policy may be modified or canceled without written notice to Building Corporation at least 30 days in advance.
Tax Appeal. The Tenant may, after first having given the Landlord written notice of its intention to do so, appeal, at its expense, any assessment of Taxes or the amount thereof relating to the Leased Premises. If the Landlord appeals any assessment of Taxes, provided the Tenant has not already elected to do so, the Tenant will pay the Landlord the Landlord’s costs and expenses incurred in making such appeal and if, in case of appeal, the Taxes are reduced, the Tenant will be repaid any over payment of Taxes upon receipt of same from the taxing authority.
