Tax Grievances. Except as set forth herein, the assessed value of the Subject Properties shall not be contested, grieved or refuted and the PURCHASER shall not seek a refund of any taxes paid or to be paid until after the date that is one (1) year after the Closing Date. For the avoidance of doubt, the first grievance date is March 1, 2024, depending on the Closing Date, and PURCHASER agrees to forever waive any credits or refunds that may have accrued prior to that year. The provisions of this Section 7.5 shall survive Closing.
Tax Grievances. Seller shall not withdraw, settle or otherwise compromise any protest or reduction proceeding (each, herein referred as a “Tax Proceeding”) affecting real estate taxes assessed against the Property and/or the Rec Lot Portion for any fiscal period in which the Closing is to occur or any subsequent fiscal period without the prior written consent of Purchaser in Purchaser’s reasonable discretion. Real estate tax refunds and credits received after the Closing Date, which are attributable to the fiscal tax year during which the Closing Date occurs shall be apportioned between Seller and Purchaser, after deducting the expenses of collection thereof, which obligation shall survive the Closing. Real estate tax refunds and credits which are attributable to fiscal tax years prior to the fiscal tax year during which the Closing Date occurs shall be received and retained solely by Seller. Upon the Closing, Seller shall remain solely responsible for the continued prosecution of any protest or reduction proceeding filed for the fiscal year(s) in which the Closing occurs. The obligations in this Section 6.4 shall survive the Closing.
