Common use of Taxes, Assessments and Other Charges Clause in Contracts

Taxes, Assessments and Other Charges. (a) The Lessee shall pay all taxes, assessments and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including any tax upon or with respect to the income or profits of the Issuer from the Project that, if not paid, would become a charge on the payments to be made under this Lease prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Lessee's interest in the Project), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project. (b) The Lessee may, at its expense, in its own name or in the Issuer's name, to contest in good faith the validity or amount of any tax, assessment or other governmental charge. The Issuer agrees to cooperate fully with the Lessee in connection with any and all administrative or judicial proceedings related to any tax, assessment or other governmental charge and in such event may permit the amounts so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom. The Lessee shall hold the Issuer, the Trustee and the Bondowners whole and harmless from any costs and expenses the Issuer, the Trustee and the Bondowners may incur related to any of the above. (c) The Lessee will furnish to the Issuer and the Trustee, upon request, proof, or other written evidence, of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Lessee under this Lease.

Taxes, Assessments and Other Charges. (a) The Lessee Obligor shall pay all taxes, assessments and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Series 2004 Project (including any tax upon or with respect to the income or profits of the Issuer from the Series 2004 Project that, if not paid, would become a charge on the payments to be made under this Lease the Loan Agreement prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Lessee's Obligor’s interest in the Series 2004 Project), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Series 2004 Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Series 2004 Project. (b) The Lessee may; provided, at its expensehowever, that notwithstanding the foregoing, the Obligor may permit or suffer such taxes, assessments or other charges to remain unpaid and may dispute, without prior payment thereof, such taxes, assessments or other charges, provided that the Obligor, in its own name or good faith, shall be contesting the same in an appropriate proceeding, enforcement thereof against any assets of the Issuer's name, to contest Obligor shall be stayed and appropriate reserves therefor shall have been established on the records of the Obligor in good faith the validity or amount of any tax, assessment or other governmental chargeaccordance with generally accepted accounting principles. The Issuer agrees to cooperate fully with the Lessee in connection with any and all administrative or judicial proceedings related to any tax, assessment or other governmental charge and in such event may permit the amounts so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom. The Lessee Obligor shall hold the Issuer, the Trustee and the Bondowners whole and harmless from any costs and expenses the Issuer, the Trustee and the Bondowners may incur related to any of the above. (c) The Lessee will furnish to the Issuer and the Trustee, upon request, proof, or other written evidence, proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Lessee Obligor under this LeaseFirst Supplemental Loan Agreement. The Obligor will not create or permit to be created or remain, and will at its cost and expense promptly discharge, all liens, encumbrances and charges on the Series 2004 Project or any part thereof, except as may be consented to by Bondowner Consent; provided, however, that notwithstanding the foregoing, the Obligor may permit or suffer such liens, encumbrances or other charges to remain unpaid and may dispute, without prior payment thereof, such liens, encumbrances or other charges, provided that the Obligor, in good faith, shall be contesting the same in an appropriate proceeding, enforcement thereof against any assets of the Obligor shall be stayed and appropriate reserves therefor shall have been established on the records of the Obligor in accordance with generally accepted accounting principles.

Taxes, Assessments and Other Charges. (a) The Lessee shall pay all taxes, assessments and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including any tax upon or with respect to the income or profits of the Issuer from the Project that, if not paid, would become a charge on the payments to be made under this Lease Agreement prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Lessee's interest in the Project), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project. (b) The Lessee may, after giving written notice thereof to the Issuer, the Letter of Credit Provider and the Trustee, at its expense, in its own name or in the Issuer's name, to contest in good faith the validity or amount of any tax, assessment or other governmental charge. The Issuer agrees ; provided, however, the Lessee shall institute appropriate legal proceedings to cooperate fully contest such charge at least 10 days before such charge becomes delinquent; and, provided further, that if requested by the Issuer, the Lessee shall deposit with the Lessee Trustee cash or a surety bond of a surety company acceptable to the Issuer, in connection with any and all administrative or judicial proceedings related to any taxfavor of the Issuer, assessment or other governmental in a sum of at least the amount of the charge and in such event may permit so contested, assuring the amounts so contested to remain undischarged and unsatisfied during the period payment of such contest contested charge together with all interest and any appeal therefrompenalties to accrue thereon. The Lessee shall hold the Issuer, the Trustee and the Bondowners Issuer whole and harmless from any costs and expenses the Issuer, the Trustee and the Bondowners Issuer may incur related to any of the above. (c) The Lessee will shall furnish to the Issuer Issuer, the Letter of Credit Provider and the Trustee, upon request, proof, or other written evidence, proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Lessee under this LeaseLease Agreement.

Taxes, Assessments and Other Charges. (a) The Lessee shall promptly pay and discharge: all taxes, assessments assessments, fees, and other government charges or levies or imposed upon it or upon any of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including any tax upon or with respect to the its properties, income or profits profits, before the same shall become delinquent; all lawful claims of the Issuer from the Project thatmaterialmen, mechanics, carriers, warehousemen, landlords and other similar Persons for labor, materials, supplies and rentals, which if not paid, would unpaid might by law become a charge on the payments lien upon its properties; any indebtedness heretofore or hereafter incurred by it when due, and discharge, perform and observe covenants, provisions and conditions to be made under this Lease prior to discharged, performed and observed by it in connection therewith, or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Lessee's interest in the Project), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project. (b) The Lessee may, at its expense, in its own name or in the Issuer's name, to contest in good faith the validity or amount of any tax, assessment or other governmental charge. The Issuer agrees to cooperate fully with the Lessee in connection with any and all administrative or judicial proceedings related to any tax, assessment agreement or other governmental charge instrument relating thereto or in connection with any lien existing at any time upon any of its properties; provided, however, that the Lessee shall not be required to pay any of the foregoing if (a) the amount, applicability or validity thereof shall currently be contested in good faith by appropriate proceedings, (b) the Lessee shall have set aside on its books adequate reserves with respect thereto and in such event may permit (c) the amounts so contested title of the Lessee to, and its right to remain undischarged use, its properties is not materially and unsatisfied during the period of such contest and any appeal therefromadversely affected thereby. The Lessee shall hold hereby agrees that, in the Issuerevent it fails to pay or cause to be paid taxes, assessments, fees and other government charges or levies or the premium on any required insurance and such failure constitutes a default under the Mortgage Loan Documents or the Financing Documents, the Trustee may make such payment, but is not obligated to do so, and the Bondowners whole and harmless from any costs and expenses the Issuer, the Trustee and the Bondowners may incur related to any of the above. (c) The Lessee will furnish to the Issuer and the Trustee, upon request, proof, or other written evidence, of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to shall be paid reimbursed by the Lessee under this Leasetherefor with interest on the amount so advanced at a rate of interests per annum equal to the Pass Through Rate plus [ ]%.

Taxes, Assessments and Other Charges. (a) The Lessee Obligor shall pay all taxes, assessments and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including any tax upon or with respect to the income or profits of the Issuer from the Project that, if not paid, would become a charge on the payments to be made under this Lease Loan Agreement prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Lessee's Obligor’s interest in the Project), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project. (b) The Lessee may; provided, at its expensehowever, that notwithstanding the foregoing, the Obligor may permit or suffer such taxes, assessments or other charges to remain unpaid and may dispute, without prior payment thereof, such taxes, assessments or other charges, provided that the Obligor, in its own name or good faith, shall be contesting the same in an appropriate proceeding, enforcement thereof against any assets of the Issuer's name, to contest Obligor shall be stayed and appropriate reserves therefor shall have been established on the records of the Obligor in good faith the validity or amount of any tax, assessment or other governmental chargeaccordance with generally accepted accounting principles. The Issuer agrees to cooperate fully with the Lessee in connection with any and all administrative or judicial proceedings related to any tax, assessment or other governmental charge and in such event may permit the amounts so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom. The Lessee Obligor shall hold the Issuer, the Trustee and the Bondowners whole and harmless from any costs and expenses the Issuer, the Trustee and the Bondowners may incur related to any of the above. (c) The Lessee will furnish to the Issuer and the Trustee, upon request, proof, or other written evidence, proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Lessee Obligor under this LeaseLoan Agreement. The Obligor will not create or permit to be created or remain, and will at its cost and expense promptly discharge, all liens, encumbrances and charges on the Project or any part thereof, except as may be consented to by Bondowner Consent; provided, however, that notwithstanding the foregoing, the Obligor may permit or suffer such liens, encumbrances or other charges to remain unpaid and may dispute, without prior payment thereof, such liens, encumbrances or other charges, provided that the Obligor, in good faith, shall be contesting the same in an appropriate proceeding, enforcement thereof against any assets of the Obligor shall be stayed and appropriate reserves therefor shall have been established on the records of the Obligor in accordance with generally accepted accounting principles.