Common use of Tax Contest Clause in Contracts

Tax Contest. In consideration of Tenant's undertaking to reimburse Landlord for Tenant's Share of an increase in Real Estate Taxes, Tenant shall have the right, by appropriate proceedings, to protest any assessment or reassessment or any special assessment, or any change in the tax rate, or the validity of any of the above. During the pendency of any protest, Landlord shall be permitted to continue to pay any disputed taxes and Tenant shall continue to reimburse Landlord in accordance with the provisions of Section 1(B) above. Landlord shall notify Tenant in writing of all assessments and the tax rates and any proposed changes to them. Tenant shall notify Landlord in writing within fifteen (15) business days after receipt of Landlord's notice if Tenant wants to file a protest. If Landlord receives written notice of a change in assessment and fails to give notice to Tenant of such change and, as a result, Tenant is unable to review the change, and if it so desires, to files a protest, Tenant shall not be obligated to reimburse Landlord for any increase in Real Estate Taxes resulting therefrom. In the tax proceedings, Tenant may act in its own name and/or the name of Landlord and Landlord will, at Tenant's request and provided Landlord is not put to any expense thereby, cooperate with Tenant in any way Tenant may reasonably require in connection with such protest. Any protest conducted by Tenant hereunder shall be at Tenant's expense and if interest or late charges become payable with respect to the Real Estate Taxes as a result, Tenant shall reimburse Landlord for the same. However, Landlord shall be solely responsible for any penalties, interest or late charges imposed on Landlord through no fault of Tenant. Tenant shall be responsible for posting any security and/or paying any fees required in connection with any protest initiated by Tenant. Landlord agrees to keep Tenant apprised of all tax protest filings and proceedings undertaken by Landlord or others to obtain a tax reduction or refund. Landlord may deduct from the total refund any reasonable attorneys' fees and other reasonable expenses incurred by Landlord therefor. However, if the refund or reduction resulted from Tenant's efforts, Landlord shall also reimburse Tenant for reasonable attorneys' fees and any other reasonably expenses incurred by Tenant in connection with the protest, such reimbursement not to exceed Tenant's Proportionate Share of the refund or reduction.

Tax Contest. (a) In consideration of Tenant's undertaking to reimburse Landlord for Tenant's Share of an increase in Real Estate Taxes, Tenant shall have the right, by appropriate proceedings, to protest any assessment or reassessment or any special assessment, or any change in the tax rate, or the validity of any of the above. During the pendency of any protest, Landlord shall be permitted to continue to pay any disputed taxes and Tenant shall continue to reimburse Landlord in accordance with the provisions of Section 1(Bprovided that such contest (b) above. Landlord shall notify Tenant in writing within fifteen (15) days after Landlord's receipt of notice of all assessments and the tax rates and any proposed changes to them. Tenant shall notify Landlord in writing within fifteen (15) business days after receipt of Landlord's notice if Tenant wants to file a protest. If Prior to such notice or if Landlord receives written notice of a change in assessment and fails to give notice to Tenant of such change and, as a result, Tenant is unable to review the change, and if it so desires, to files a protestnotice, Tenant shall not be obligated to reimburse Landlord for pay Tenant's share of any increase in Real Estate Taxes resulting therefrom. Taxes. (c) In the tax proceedings, Tenant may act in its own name and/or the name of Landlord and Landlord will, at Tenant's request and provided Landlord is not put to any expense thereby, cooperate with Tenant in any way Tenant may reasonably require in connection with such the protest. Any protest conducted by Tenant hereunder shall be at Tenant's expense and if interest or late charges become payable with respect to the Real Estate Taxes as a result, Tenant shall reimburse Landlord for the same. However, Landlord shall be solely responsible for any penalties, interest or late charges imposed on Landlord through no fault of Tenant. (d) Tenant may require Landlord at Landlord's expense to protest any type of assessment or the tax rate one time only during the Term by timely notification to Landlord. Tenant shall bear Landlord's cost of protest. If Landlord is unable or fails to act on such request, then Tenant may contest taxes at its expense. (e) If Landlord shall receive a reduction or refund for any year for which Tenant shall be responsible obligated to pay or shall have paid Real Estate Taxes, the amount of such reduction or refund shall be subtracted from the Real Estate Taxes payable or paid by Landlord for posting any security and/or paying any fees required in connection the tax year to which the reduction or refund applies and proper reimbursement shall be made by Landlord to Tenant promptly after Landlord receives or is credited with any protest initiated by Tenantsuch refund or reduction. Landlord agrees to keep Tenant apprised of all tax protest filings and proceedings undertaken by Landlord or others to obtain a tax reduction or refundrefund for the Project. Landlord may deduct from the total refund any reasonable attorneys' fees and other reasonable expenses incurred by Landlord therefor. However, if If the refund or reduction resulted from Tenant's efforts, Landlord shall also reimburse Tenant for reasonable attorneys' fees and any other reasonably reasonable expenses incurred by Tenant in connection with the protest. Otherwise, such reimbursement not to exceed Tenant's Proportionate Share of Landlord may deduct from the total refund or reductionany reasonable attorneys' fees and other reasonable expenses incurred by Landlord therefor.

Tax Contest. In consideration of Tenant's undertaking to reimburse Landlord for Tenant's Share of an increase in Real Estate Taxes, Tenant shall have the right, by appropriate proceedings, ----------- to protest or contest any assessment or reassessment for Tax Costs or any special assessment, the validity thereof or of any change in the tax rate, assessments or the validity rates provided that no Event of any of the above. During Default then exists under this Lease and provided further that during the pendency of such proceedings, (a) Landlord is not subjected to any protestliability, fine, or penalty for non-payment, (b) the proceedings stay the enforcement of the assessment or reassessment for Tax Costs, and (c) the delay in complying with the assessment or reassessment for Tax Costs does not subject Landlord to possible loss or damage or the Project to possible foreclosure or loss. At the Commencement Date, Landlord shall be permitted to continue to pay any disputed taxes and Tenant shall continue to reimburse Landlord in accordance with the provisions of Section 1(B) above. Landlord shall notify Tenant in writing of all assessments and request that the tax rates and any proposed changes bills. assessments or reassessments of Tax Costs be mailed to themTenant at its Notice Address by the applicable governmental authority or agency or political subdivision thereof. Tenant shall notify send Notice to Landlord in writing within fifteen (15) business days after receipt of Landlord's notice if Tenant wants to file a protest. If Landlord receives written notice of a any change or proposed change in assessment and fails the assessments or the tax rate within sufficient time to give notice allow Landlord to Tenant of such change review and, as a result, Tenant is unable to review the change, and if it so desires, to files a protest, contest or protest such change. Tenant shall not be obligated send Notice to reimburse Landlord for any increase in Real Estate Taxes resulting therefromwriting within thirty (30) days after receipt of an assessment or reassessment of Tax Costs or other notice if Tenant elects to make a contest or protest. In the tax proceedings, any contest or protest undertaken hereunder. Tenant may act in its own name and/or in the name of Landlord and Landlord willshall, at Tenant's request and provided Landlord is not put to any expense thereby, cooperate with Tenant in any way was that Tenant may reasonably require in connection with such protestcontest or protest provided such cooperation is in compliance with the Legal Requirements. Any contest or protest conducted by Tenant hereunder shall be at Tenant's sole cost and expense and if interest or late charges rate changes become payable with respect to the Real Estate Taxes Tax Costs solely as a resultthe result of such contest or protest. Tenant shall pay such interest or rate changes. If Landlord pays such interest or rate changes, then Tenant shall reimburse Landlord for the sametherefore as Additional Rent. However, Landlord Tenant shall provide any security required by any Legal Requirement. Tenant shall be solely responsible for any penalties, interest interest, or late charges imposed on Landlord through no for the Tax Costs due to any fault of Tenant. On the termination of any such proceedings it shall be the obligation of Tenant to pay the amount of the Tax Costs as provided herein as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings. If any contest or protest by Tenant shall result in the reduction or avoidance of such assessment or rate increase, Tenant shall be responsible for posting any security and/or paying any fees required in connection with any protest initiated by Tenant. Landlord agrees entitled to keep Tenant apprised of all tax protest filings and proceedings undertaken by Landlord receive or others to obtain a tax reduction or refund. Landlord may deduct from the total refund any reasonable attorneys' fees and other reasonable expenses incurred by Landlord therefor. However, if the refund or reduction resulted from retain Tenant's efforts, Landlord shall also reimburse Tenant proportionate share (as determined in Section 6.2 (Tax Costs for reasonable attorneys' fees and any other reasonably expenses incurred by Tenant in connection with the protest, such reimbursement not to exceed Tenant's Proportionate Share Other Property)) of the refund amount of such reduced or reductionavoided Tax Costs increase.