Tax Certiorari Clause Samples
A Tax Certiorari clause outlines the procedures and rights related to challenging or appealing real estate tax assessments on a property. Typically, this clause specifies which party—such as the landlord or tenant—has the authority to initiate tax assessment appeals, how any resulting refunds or savings are allocated, and the responsibilities for costs associated with such proceedings. For example, in a commercial lease, the tenant may be permitted to contest an increased property tax assessment and receive a share of any resulting tax refund. The core function of this clause is to clarify the process for disputing property tax assessments, thereby protecting parties from unfair tax burdens and ensuring transparency in handling tax-related disputes.
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Tax Certiorari. Subject to the rights of any tenants under the Leases, all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
Tax Certiorari. All of Grantor’s estate, right, title and interest in all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
Tax Certiorari. All right, title and interest of the Borrower in and to all refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
Tax Certiorari. ▇▇▇▇▇▇▇'s interest in all refunds, rebates or credits in connection with any reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari proceedings or any other applications or proceedings for reduction of same, in each case, irrespective of the time period to which they relate;
Tax Certiorari. A true, correct, and complete list of all pending tax certiorari proceedings with respect to the Property and the counsel representing Seller is set forth on Exhibit X attached hereto and made a part hereof.
Tax Certiorari. All refunds, rebates or credits in connection with reduction in Taxes of Other Charges charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
Tax Certiorari. All refunds, rebates or credits in connection with a reduction in Taxes, including, without limitation, rebates as a result of tax certiorari or any other applications or proceedings for reduction;
Tax Certiorari. Seller has not filed any tax certiorari proceedings or any applications for the reduction of the assessed valuation of the Land and Improvements.
Tax Certiorari. If there be any tax certiorari proceedings or tax protest proceedings pending with respect to the Property, then after deducting the cost of such proceedings including attorneys’ fees, all benefits obtained including, without limitation, any tax refunds attributable to (i) any tax year ended prior to the Closing Date shall be the property of and shall be paid to Seller, (ii) any tax year commencing after the Closing Date may be retained by Purchaser and (iii) the tax year in which the Closing Date occurs shall be the property of and shall be paid to Purchaser subject to apportionment between Seller and Purchaser as of the Closing Date. Purchaser shall have the right to prosecute any such proceedings for the tax year in which the Closing Date occurs by attorneys selected by Purchaser and to settle any such proceedings without the consent of Seller. If Purchaser receives any benefits to which Seller shall be entitled under this Paragraph, Purchaser shall hold the same in trust for the benefit of Seller and promptly remit the same to Seller. The provisions of this Article shall survive the Closing. With respect to any such proceedings that are pending for any tax year ended prior to the Closing Date, such proceedings shall be prosecuted by Seller without any expense to Purchaser.