Common use of Taxes and Other Charges; Contest for Taxes and Other Charges, Legal Requirements and Liens Clause in Contracts

Taxes and Other Charges; Contest for Taxes and Other Charges, Legal Requirements and Liens. (i) Subject to the provisions of Section 5.1(b)(ii) hereof, Borrowers shall pay or cause to be paid, and cause each First Mezzanine Borrower to cause each Property Owner and/or Operating Lessee to pay or cause to be paid, all Taxes and Other Charges now or hereafter levied or assessed or imposed against their respective property or assets (including any Property) or any part thereof prior to the date on which such sums become delinquent. Borrowers will deliver or cause to be delivered, and will cause each First Mezzanine Borrower to cause the Property Owners and/or Operating Lessee to deliver or cause to be delivered, to Lender, upon request, receipts for payment or other evidence satisfactory to Lender that the Taxes and Other Charges have been so paid (provided, however, that none of the Borrowers nor Property Owners or Operating Lessees shall be required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 9.3.2 of the Senior Loan Agreement). Subject to the provisions of Section 5.1(b)(ii) hereof and other than “Permitted Encumbrances” (as defined in the Senior Loan Agreement), Borrowers shall not permit the Property Owners or Operating Lessees to suffer and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against any Property, and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly pay for or cause to be paid all utility services provided to such Property. Subject to Section 5.1(b)(ii) hereof, Borrowers shall pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, and will cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others that, if unpaid, might result in, or permit the creation of, a lien or encumbrance on, in the case of a Borrower, any of its property or assets, and, in the case of Property Owners and Operating Lessee, any Property (as defined in the Mortgage), or on the Rents arising therefrom.

Taxes and Other Charges; Contest for Taxes and Other Charges, Legal Requirements and Liens. (i) Subject to the provisions of Section Sections 5.1(b)(ii) hereof), Borrowers Borrower shall pay or cause Master Lease Tenant to be paid, and cause each First Mezzanine Borrower to cause each Property Owner and/or Operating Lessee to pay or cause to be paid, Pay all Taxes and Other Charges now or hereafter levied or assessed or imposed against their respective property or assets (including any Property) the Mortgaged Properties or any part thereof prior to the date on which such sums become delinquent. Borrowers Borrower will deliver or cause to be delivered, and will cause each First Mezzanine Borrower to cause the Property Owners and/or Operating Lessee to deliver or cause to be delivered, to Lender, upon request, receipts for payment or other evidence satisfactory to Lender that the Taxes and Other Charges have been so paid (provided, however, that none of the Borrowers nor Property Owners or Operating Lessees shall be Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 9.3.2 of the Senior Loan Agreement9.3.2). Subject to the provisions of Section 5.1(b)(ii) hereof and other than “Permitted Encumbrances” (as defined in the Senior Loan Agreement), Borrowers Borrower shall not permit the Property Owners or Operating Lessees to suffer and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly cause to be paid and discharged discharged, or shall cause Master Lease Tenant to pay and discharge, any lien or charge whatsoever which may be or become a lien or charge against any Mortgaged Property, and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly pay for or cause Master Lease Tenant to be paid Pay for all utility services provided to such Propertythe Mortgaged Properties. Subject to Section 5.1(b)(ii) hereof), Borrowers Borrower shall pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, and will cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee Master Lease Tenant to pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others that, if unpaid, might result in, or permit the creation of, a lien or encumbrance on, in the case of a Borrower, on any of its property or assets, and, in the case of Property Owners and Operating Lessee, any Mortgaged Property (as defined in the MortgageMortgages), or on the Rents arising therefrom.

Taxes and Other Charges; Contest for Taxes and Other Charges, Legal Requirements and Liens. (i) Subject to the provisions of Section 5.1(b)(ii) hereof, Borrowers shall pay or cause to be paid, and cause each First Mezzanine Borrower to cause each Property Owner and/or Operating Lessee to pay or cause to be paid, all Taxes and Other Charges now or hereafter levied or assessed or imposed against their respective property or assets (including any Property) or any part thereof prior to the date on which such sums become delinquent. Borrowers will deliver or cause to be delivered, and will cause each First Mezzanine Borrower to cause the Property Owners and/or Operating Lessee to deliver or cause to be delivered, to Lender, upon request, receipts for payment or other evidence satisfactory to Lender that the Taxes and Other Charges have been so paid (provided, however, that none of the Borrowers nor Property Owners or Operating Lessees shall be required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 9.3.2 of the Senior Loan Agreement). Subject to the provisions of Section 5.1(b)(ii) hereof and other than “Permitted Encumbrances” (as defined in the Senior Loan Agreement), Borrowers shall not permit the Property Owners or Operating Lessees to suffer and shall cause each First Mezzanine Borrower to cause each the Property Owner Owners or Operating Lessee Lessees to promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against any Property, and shall cause each First Mezzanine Borrower to cause each the Property Owner Owners or Operating Lessee Lessees to promptly pay for or cause to be paid all utility services provided to such Property. Subject to Section 5.1(b)(ii) hereof, Borrowers shall pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, and will cause each First Mezzanine Borrower to cause each Property Owner Owners or Operating Lessee Lessees to pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others that, if unpaid, might result in, or permit the creation of, a lien or encumbrance on, in the case of a Borrower, any of its property or assets, and, in the case of Property Owners and Operating Lessee, any Property (as defined in the Mortgage), or on the Rents arising therefrom.

Taxes and Other Charges; Contest for Taxes and Other Charges, Legal Requirements and Liens. (i) Subject to the provisions of Section 5.1(b)(ii) hereof, Borrowers the Borrower shall pay or cause to be paid, and cause each First Mezzanine Borrower to cause each Property Owner and/or Operating Lessee to pay or cause to be paid, all Taxes and Other Charges now or hereafter levied or assessed or imposed against their respective property or assets (including any Property) the Mortgaged Property or any part thereof prior to the date on which such sums become delinquent. Borrowers will The Borrower shall deliver or cause to be delivered, and will cause each First Mezzanine Borrower to cause the Property Owners and/or Operating Lessee to deliver or cause to be delivered, to LenderAgent, upon request, receipts for payment or other evidence reasonably satisfactory to Lender the Agent that the Taxes and Other Charges have been so paid (provided, however, that none of the Borrowers nor Property Owners or Operating Lessees shall be required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 9.3.2 of the Senior Loan Agreement)paid. Subject to the provisions of Section 5.1(b)(ii) hereof and other than “Permitted Encumbrances” (as defined in , the Senior Loan Agreement), Borrowers Borrower shall not permit the Property Owners or Operating Lessees to suffer and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly cause to be paid and discharged any lien or charge whatsoever which that may be or become a lien or charge against any the Mortgaged Property, and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly pay for or cause to be paid all utility services provided to such the Mortgaged Property. Subject to Section 5.1(b)(ii) hereof, Borrowers the Borrower shall pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, and will cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others that, if unpaid, might result in, or permit the creation of, a lien or encumbrance on, in on the case of a Borrower, any of its property or assets, and, in the case of Property Owners and Operating Lessee, any Property (as defined in the Mortgage)Mortgaged Property, or on the Rents arising therefrom. The Borrower shall not suffer or permit any mechanics’ lien claims to be filed or otherwise asserted against the Project, and will discharge within thirty (30) Business Days the same in case of the filing of any claims for lien or proceedings for the enforcement thereof not caused by a Lender’s default hereunder; provided, however, that the Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such lien or claim upon furnishing to the Title Company such security or indemnity as it may require to induce said Title Company to issue an endorsement to the Qualified Title Policy insuring against all such claims or liens; and provided further that the Agent and the Lenders will not be required to make any further disbursements of the proceeds of the Loan until any mechanics’ lien claims shown by the Qualified Title Policy have been discharged or so insured against by the Title Company.

Taxes and Other Charges; Contest for Taxes and Other Charges, Legal Requirements and Liens. (i) Subject to the provisions of Section 5.1(b)(ii) hereof, Borrowers the Borrower shall pay or cause to be paid, and cause each First Mezzanine Borrower to cause each the Property Owner and/or Operating Lessee to pay or cause to be paid, all Taxes and Other Charges now or hereafter levied or assessed or imposed against their respective property or assets (including any Property) the Mortgaged Property or any part thereof prior to the date on which such sums become delinquent. Borrowers will The Borrower shall deliver or cause to be delivered, and will cause each First Mezzanine Borrower delivered to cause the Property Owners and/or Operating Lessee to deliver or cause to be delivered, to Lender, upon request, receipts for payment or other evidence reasonably satisfactory to the Lender that the Taxes and Other Charges have been so paid (provided, however, that none of the Borrowers nor Property Owners or Operating Lessees shall be required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 9.3.2 of the Senior Loan Agreement)paid. Subject to the provisions of Section 5.1(b)(ii) hereof and other than “Permitted Encumbrances” (as defined in , the Senior Loan Agreement), Borrowers Borrower shall not permit the Property Owners or Operating Lessees to suffer and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly cause to be paid and discharged any lien Lien or charge whatsoever which that may be or become a lien or charge Lien against any the Mortgaged Property, and shall cause each First Mezzanine Borrower to cause each Property Owner or Operating Lessee to promptly pay for or cause to be paid all utility services provided to such the Mortgaged Property. Subject to Section 5.1(b)(ii) hereof, Borrowers the Borrower shall pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, and will cause each First Mezzanine Borrower to cause each the Property Owner or Operating Lessee to pay, bond or otherwise discharge, or cause to be paid, bonded or otherwise discharged, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others that, if unpaid, might result in, or permit the creation of, a lien or encumbrance on, in Lien on the case of a Borrower, any of its property or assets, and, in the case of Property Owners and Operating Lessee, any Property (as defined in the Mortgage)Mortgaged Property, or on the Rents arising therefrom. The Borrower shall not suffer or permit any mechanics' Lien claims to be filed or otherwise asserted against the Project, and will discharge or cause the Property Owner to discharge within thirty (30) Business Days the same in case of the filing of any claims for Lien or proceedings for the enforcement thereof; provided, however, that the Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such Lien or claim upon furnishing to the Title Company such security or indemnity as it may require to induce said Title Company to issue an endorsement to the Qualified Title Policy insuring against all such claims or Liens.