Common use of Tax Contest Clause in Contracts

Tax Contest. In the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Real Property Tax, Tenant shall, no later than ten (10) days after Tenant receives notice of the Real Property Tax assessment Tenant desires to contest, give Landlord written notice of its intention to do so. Tenant may withhold payment of the Real Property Tax being contested if, but only if, both (i) nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with the reasonable requirements of Section 1.07(c) of the Existing Mortgage, and sufficient to protect Landlord’s interest in the Leased Premises in an amount not less than one hundred fifty percent (150%) of the amount contested. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense, liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceedings which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of the amount due from Tenant with respect to the Real Property Tax contested, Tenant shall pay the amount so determined to be due, together with all costs, expenses and interest, whether or not this Lease shall have then expired or terminated.

Tax Contest. In the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Real Property TaxTaxes, Tenant shall, no later than ten thirty (1030) days after Tenant receives notice of the Real Property Tax Taxes assessment Tenant desires to contest, give Landlord written notice of its intention to do so. Tenant may withhold payment of the Real Property Tax Taxes being contested if, but only if, both (i) nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with the reasonable requirements of Section 1.07(c) of the Existing MortgageLenders, and sufficient to protect Landlord’s 's interest in the Leased Premises in an amount not less than one hundred fifty percent (150100%) of the amount contested. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s 's expense. Tenant shall indemnify indemnify, defend, and defend hold harmless Landlord from and against any and all expense, liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceedings which Tenant may desire to bring pursuant to this paragraphParagraph 8.5. Tenant shall pay all of Landlord’s 's reasonable expenses (including attorneys’ ' fees) arising out of such joinder. Within ten thirty (1030) days after the final determination of the amount due from Tenant with respect to the Real Property Tax Taxes contested, Tenant shall pay the amount so determined to be due, together with all costs, expenses and interest, whether or not this Lease shall have then expired or terminated.. Any recovery or refund of Real Property Taxes in accordance with this Subparagraph 8.5 shall be the property of and shall be paid to Tenant. LOT A

Tax Contest. In the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Real Property Tax, Tenant shall, no later than ten (10) days after Tenant receives notice of the Real Property Tax assessment Tenant desires to contest, give Landlord written notice of its intention to do so. Tenant may withhold payment of the Real Property Tax being contested if, but only if, both (i) nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with the reasonable requirements of Section 1.07(c) of the Existing Mortgage, and device sufficient to protect Landlord’s interest in the Leased Premises in an amount not less than one hundred fifty percent (150%) of the amount contested. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense, liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceedings which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of the amount due from Tenant with respect to the Real Property Tax contested, Tenant shall pay the amount so determined to be due, together with all costs, expenses and interest, whether or not this Lease shall have then expired or terminated.

Tax Contest. In the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Real Property TaxTaxes, Tenant shall, no later than ten thirty (1030) days after Tenant receives notice of the Real Property Tax Taxes assessment Tenant desires to contest, give Landlord written notice of its intention to do so. Tenant may withhold payment of the Real Property Tax Taxes being contested if, but only if, both (i) nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with the reasonable requirements of Section 1.07(c) of the Existing MortgageLenders, and sufficient to protect Landlord’s 's interest in the Leased Premises in an amount not less than one hundred fifty percent (150100%) of the amount contested. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s 's expense. Tenant shall indemnify indemnify, defend, and defend hold harmless Landlord from and against any and all expense, liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceedings which Tenant may desire to bring pursuant to this paragraphParagraph 8.5. Tenant shall pay all of Landlord’s 's reasonable expenses (including attorneys’ ' fees) arising out of such joinder. Within ten thirty (1030) days after the final determination of the amount due from Tenant with respect to the Real Property Tax Taxes contested, Tenant shall pay the amount so determined to be due, together with all costs, expenses and interest, whether or not this Lease shall have then expired or terminated. Any recovery or refund of Real Property Taxes in accordance with this Subparagraph 8.5 shall be the property of and shall be paid to Tenant.

Tax Contest. In the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Real Property TaxTaxes, LOT B Tenant shall, no later than ten thirty (1030) days after Tenant receives notice of the Real Property Tax Taxes assessment Tenant desires to contest, give Landlord written notice of its intention to do so. Tenant may withhold payment of the Real Property Tax Taxes being contested if, but only if, both (i) nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with the reasonable requirements of Section 1.07(c) of the Existing MortgageLenders, and sufficient to protect Landlord’s 's interest in the Leased Premises in an amount not less than one hundred fifty percent (150100%) of the amount contested. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s 's expense. Tenant shall indemnify indemnify, defend, and defend hold harmless Landlord from and against any and all expense, liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceedings which Tenant may desire to bring pursuant to this paragraphParagraph 8.5. Tenant shall pay all of Landlord’s 's reasonable expenses (including attorneys’ ' fees) arising out of such joinder. Within ten thirty (1030) days after the final determination of the amount due from Tenant with respect to the Real Property Tax Taxes contested, Tenant shall pay the amount so determined to be due, together with all costs, expenses and interest, whether or not this Lease shall have then expired or terminated. Any recovery or refund of Real Property Taxes in accordance with this Subparagraph 8.5 shall be the property of and shall be paid to Tenant.