Common use of Taxes; Charges Clause in Contracts

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower may in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessmentsProperty Taxes, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, Borrower's compliance with Section 3.4 3.1 of this Agreement relating to impounds for taxes and assessments Property Taxes shall, with respect to payment of such taxes and assessmentsProperty Taxes, be deemed compliance with this Section 8.26.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower may in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment Property Tax assessed upon the Project provided that at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessmentProperty Tax; (4) Borrower maintains and prosecutes such contest continuously with diligence, and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment Property Tax and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project any Individual Property or become payable during the term of the LoanLoans (the “Taxes”), and will promptly furnish Lender the Administrative Agent with evidence of such payment; however, each Borrower's ’s compliance with Section 3.4 Sections 5.8(1) and 5.9(2) of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall not suffer or permit the joint assessment of the Project any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower may shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in good faith contesta Lien on any Individual Property; however, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall be continuing; exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (2a) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxes, (b) such Borrower provides Lender the Administrative Agent with cash or an irrevocable letter of credit issued by a release bond in such form and amount as are financial institution satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates the Administrative Agent in an amount equal to suspend collection 110% of the contested tax amount or assessment; such other security satisfactory to the Administrative Agent in its reasonable discretion (4including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxes, including interest and penalties, and (c) such Borrower maintains is diligently contesting the same by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project any Individual Property is scheduled to be sold for non-payment; (5) . In the Project event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not be subject pay such Taxes as required pursuant to forfeiture or loss or any Lien by reason Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of the institution or prosecution of such contest; Taxes and (6ii) Borrower shall promptly pay or discharge such evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrowerin accordance with this Section 8.2.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans (collectively, the “Taxes”), and will promptly furnish Lender Administrative Agent with evidence of such payment; however, Borrower's ’s compliance with Section 3.4 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may in good faith contest, by proper legal actions or proceedings, contest the validity of such claims and demands or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, and during the pendency thereof, taxes so long as (1) no Event of Default shall be continuing; Lead Borrower notifies Administrative Agent that Borrower intends to contest such claim or demand, (2) Borrower provides Lender Administrative Agent with a release an indemnity, bond in such form and amount as are or other security satisfactory to LenderAdministrative Agent (including an endorsement to Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s obligations for such claims and demands, including Lender's estimate of interestinterest and penalties, penalties and attorneys' fees; (3) such contest operates to suspend collection of Borrower is diligently contesting the contested tax or assessment; (4) Borrower maintains same by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold sold, forfeited, terminated, cancelled or lost for non-non payment; , (4) such proceedings shall not subject Borrower, the Administrative Agent or any Lender to criminal or civil liability (other than civil liability as to which adequate security has been provided pursuant to clause (2) above), and (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly upon final determination thereof pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender the amount of such complianceitems, payment or dischargetogether with all costs, if such contest is terminated or discontinued adversely to Borrowerinterests and penalties.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans (collectively, the “Taxes”), and will promptly furnish Lender the Administrative Agent with evidence of such payment; however, Borrower's ’s compliance with Section 3.4 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. From and after the completion of processing of the deeds to PS2 and PS5 and the creation of separate tax lots by the assessor’s office of Orange County, California, Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may in good faith contest, by proper legal actions or proceedings, contest the validity of such claims and demands or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, and during the pendency thereof, taxes so long as (1) no Event of Default shall be continuing; Borrower notifies the Administrative Agent that it intends to contest such claim or demand, (2) Borrower provides Lender the Administrative Agent with a release an indemnity, bond in such form and amount as are or other security satisfactory to Lenderthe Administrative Agent (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s obligations for such claims and demands, including Lender's estimate of interestinterest and penalties, penalties and attorneys' fees; (3) such contest operates to suspend collection of Borrower is diligently contesting the contested tax or assessment; (4) Borrower maintains same by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-non payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower Borrowers shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender Agent with evidence of such payment; however, Borrower's Borrowers’ or Master Tenants’ compliance with Section 3.4 ‎Section 3.5 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2‎Section 7.3. Borrower Borrowers shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower Borrowers shall pay or cause to be paid when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the “Charges”); however, Borrowers or Master Tenants may contest, in good faith contest, by proper legal actions or appropriate proceedings, the amount or validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action Charges or proceeding, and during Liens so long as (a) Borrowers and/or Master Tenants have given prior written notice to Agent of the pendency thereofintent to so contest or object to any such Charges or Liens, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3b) such contest operates to suspend stays the enforcement or collection of the contested tax Charges or assessment; any Lien created, (4c) Borrower maintains Borrowers and/or Master Tenants provide Agent with a bond or other security satisfactory to Agent (including an endorsement to Agent’s Title Policies insuring against such claim, demand or lien) assuring the discharge of Borrowers’ and/or Master Tenants’ obligations for such claims, demands or lien, including interest and prosecutes such contest continuously with diligencepenalties, and (d) Borrowers and/or Master Tenants are diligently contesting the same by appropriate legal proceedings in good faith and at their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project Owned Real Estate or Collateral or become payable during the term of the LoanLoans, and will promptly furnish Lender with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower and each Guarantor shall not suffer or permit the joint assessment of the Project Owned Real Estate with any other real property constituting a separate tax lot or with any other real or personal property. Borrower and each Guarantor, as the case may be, shall pay when due all claims and demands of mechanics, material men, laborers and others which, if unpaid, might result in a Lien on the Owned Real Estate; however, Borrower and Guarantor may contest the validity of such claims and demands so long as (a) Borrower or any Guarantor notify Lender that it intends to contest such claim or demand, (b) Borrower and each Guarantor provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c) Borrower or any Guarantor is diligently contesting the same by appropriate legal proceedings in good faith contestand at its own expense. Borrower will promptly pay when due all bills and costs for labor, by proper legal actions materials and specifically fabricated materials incurred in connection with the Owned Real Estate and never permit to exist beyond the due date thereof in respect of the Owned Real Estate or proceedingsany part thereof any Lien, even though inferior to the validity or amount Liens of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceedingFacility Documents, and during the pendency thereof, (1) no Event of Default shall in any event never permit to be continuing; (2) Borrower provides Lender with a release bond created or exist in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection respect of the contested tax Owned Real Estate or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, and concludes such contest prior to any part thereof any other or additional Lien other than the thirtieth (30th) day preceding the earlier to occur liens or security of the Maturity Date or Facility Documents, except for the date on which the Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to BorrowerPermitted Liens.

Taxes; Charges. Borrower shall or shall cause Mortgage Borrower to pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans (collectively, the “Taxes”), and will promptly furnish Lender the Administrative Agent with evidence of such payment; provided, however, Mortgage Borrower's ’s compliance with Section 3.4 4.1 of this the Mortgage Loan Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. Borrower shall not and shall not permit Mortgage Borrower to suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall or shall cause Mortgage Borrower to pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may in good faith contest, by proper legal actions or proceedings, permit Mortgage Borrower to contest the validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, claims and during the pendency thereof, demands so long as (1) no Event of Default shall be continuing; Borrower notifies the Administrative Agent that Mortgage Borrower intends to contest such claim or demand, (2) Borrower or Mortgage Borrower provides Lender the Administrative Agent with a release an indemnity, bond in such form and amount as are or other security satisfactory to Lenderthe Administrative Agent assuring the discharge of Borrower’s obligations for such claims and demands, including Lender's estimate of interestinterest and penalties, penalties and attorneys' fees; (3) such contest operates to suspend collection of Mortgage Borrower is diligently contesting the contested tax or assessment; (4) Borrower maintains same by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-non payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower Grantor shall pay pay, before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project Mortgaged Property or become payable during the term of Loan Term (as defined in the LoanNote), and will promptly furnish Lender Beneficiary with evidence of such payment; however. Grantor shall pay all taxes, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes charges, filing, registration and assessments shallrecording fees, excises and levies payable with respect to the Note, this Deed of Trust or the Liens created or secured by the Loan Documents, other than income, franchise and doing business taxes imposed on Beneficiary. If there shall be enacted any law (1) deducting the Loan from the value of the Mortgaged Property for the purpose of taxation, (2) affecting any Lien on the Mortgaged Property, or (3) changing existing laws of taxation of mortgages, deeds of trust, security deeds, or debts secured by real property, or changing the manner of collecting any such taxes, Grantor shall promptly pay to Beneficiary, on demand, all taxes, costs and charges for which Beneficiary is or may be liable as a result thereof; provided, however, if such payment would be prohibited by law or would render the Loan usurious, then instead of collecting such taxes payment, Beneficiary may declare all amounts owing under the Loan Documents to be immediately due and assessmentspayable. Grantor shall pay when due all claims and demands of mechanics, be deemed compliance with materialmen, laborers and others which, if unpaid, might result in a Lien on the Mortgaged Property. Notwithstanding anything to the contrary set forth herein, Grantor may contest the validity of any taxes, claims and demands described in this Section 8.2. Borrower shall not suffer 4.19(b) so long as (1) Grantor notifies Beneficiary that it intends to contest such claim or permit demand, (2) Grantor provides Beneficiary with an indemnity, bond or other security satisfactory to Beneficiary assuring the joint assessment discharge of Grantor’s obligations for such taxes, claims and demands, including interest and penalties, and (3) Grantor is diligently contesting the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower may same by appropriate legal proceedings in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that and at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, its own expense and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of (i) the Maturity Date or (ii) the date on which any portion of the Project Mortgaged Property is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project any Property or become payable during the term of the Loan, and will promptly furnish Senior Lender (or cause to be furnished to Senior Lender) with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit consent to the joint assessment of the Project any Property with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay or shall cause to be paid when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Property; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Senior Lender that it intends to contest such claim or demand, (b) Borrower provides Senior Lender with an indemnity, bond or other security reasonably satisfactory to Senior Lender (including an endorsement to Senior Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that and at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, its own expense and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project any Property is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.. Section 8.3

Taxes; Charges. Borrower Borrowers shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender Agent with evidence of such payment; however, Borrower's Borrowers' compliance with Section 3.4 3.5 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.27.3. Borrower Borrowers shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower Borrowers shall pay when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the "Charges"); however, Borrowers may contest, in good faith contest, by proper legal actions or appropriate proceedings, the amount or validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action Charges or proceeding, and during Liens so long as (a) Borrowers have given prior written notice to Agent of the pendency thereofintent to so contest or object to any such Charges or Liens, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3b) such contest operates to suspend stays the enforcement or collection of the contested tax Charges or assessment; any Lien created, (4c) Borrower maintains Borrowers provide Agent with a bond or other security satisfactory to Agent (including an endorsement to Agent's Title Policies insuring against such claim, demand or lien) assuring the discharge of Borrowers' obligations for such claims, demands or lien, including interest and prosecutes such contest continuously with diligencepenalties, and (d) Borrowers are diligently contesting the same by appropriate legal proceedings in good faith and at their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project any Property or become payable during the term of the Loan, and will promptly furnish Lender Administrative Agent with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to during any time that the impounds for taxes and assessments are being delivered to Administrative Agent shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project any Property with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Property; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Administrative Agent with an indemnity, bond or other security satisfactory to Administrative Agent (including an endorsement to Administrative Agent's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that and at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is affected Property or Properties are scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans (collectively, the “Taxes”), and will promptly furnish Lender the Administrative Agent with evidence of such payment; provided, however, such Borrower's ’s compliance with Section 3.4 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may in good faith contest, by proper legal actions or proceedings, contest the validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, claims and during the pendency thereof, demands so long as (1) no Event of Default shall be continuing; Borrower notifies the Administrative Agent that it intends to contest such claim or demand, (2) Borrower provides Lender the Administrative Agent with a release an indemnity, bond in such form and amount as are or other security satisfactory to Lenderthe Administrative Agent (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s obligations for such claims and demands, including Lender's estimate of interestinterest and penalties, penalties and attorneys' fees; (3) such contest operates to suspend collection of Borrower is diligently contesting the contested tax or assessment; (4) Borrower maintains same by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-non payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower and Operating Lessee shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the a Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, if applicable, Borrower's and Operating Lessee's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower and Operating Lessee shall not suffer or permit the joint assessment of the a Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower and Operating Lessee shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on a Project. Notwithstanding the foregoing, Borrower or Operating Lessee may contest such taxes and charges and such claims and demands so long as (a) Borrower or Operating Lessee notifies Lender that it intends to contest such claim or demand, (b) Borrower or Operating Lessee provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c) Borrower or Operating Lessee is diligently contesting the same by appropriate legal proceedings in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that and at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project any Property or become payable during the term of the Loan, and will promptly furnish Lender Administrative Agent with evidence of such payment; however, Borrower's ’s compliance with Section 3.4 of this Agreement relating to during any time that the impounds for taxes and assessments are being delivered to Administrative Agent shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project any Property with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Property; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Administrative Agent with an indemnity, bond or other security satisfactory to Administrative Agent (including an endorsement to Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that and at the time of commencement of any such action or proceeding, and during the pendency thereof, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3) such contest operates to suspend collection of the contested tax or assessment; (4) Borrower maintains and prosecutes such contest continuously with diligence, its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is affected Property or Properties are scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower Except to the extent sums sufficient to pay all Taxes have been previously deposited with Agent as part of the Tax Impound, and subject to Borrower’s right to contest Taxes in accordance with the terms of this Agreement, Borrowers shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the LoanLoans, and will promptly furnish Lender Agent with evidence of such payment; however, Borrower's Borrowers’ compliance with Section 3.4 3.5 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower Borrowers shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower Borrowers shall pay when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the “Charges”); however, Borrowers may contest, in good faith contest, by proper legal actions or appropriate proceedings, the amount or validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action Charges or proceeding, and during Liens so long as (a) Borrowers have given prior written notice to Agent of the pendency thereofintent to so contest or object to any such Charges or Liens, (1) no Event of Default shall be continuing; (2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to Lender, including Lender's estimate of interest, penalties and attorneys' fees; (3b) such contest operates to suspend stays the enforcement or collection of the contested tax Charges or assessment; any Lien created, (4c) Borrower maintains Borrowers provide Agent with a bond or other security satisfactory to Agent (including an endorsement to Agent’s Title Policies insuring against such claim, demand or lien) assuring the discharge of Borrowers’ obligations for such claims, demands or lien, including interest and prosecutes such contest continuously with diligencepenalties, and (d) Borrowers are diligently contesting the same by appropriate legal proceedings in good faith and at their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. (1) Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans (collectively, "Taxes"), and will promptly furnish Lender the Administrative Agent with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may in good faith contest, by proper legal actions or proceedings, contest the validity of such claims and demands or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, and during the pendency thereof, taxes so long as (1) no Event of Default shall be continuing; Borrower notifies the Administrative Agent that it intends to contest such claim or demand, (2) Borrower provides Lender the Administrative Agent with a release an indemnity, bond in such form and amount as are or other security satisfactory to Lenderthe Administrative Agent (including an endorsement to the Administrative Agent's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including Lender's estimate of interestinterest and penalties, penalties and attorneys' fees; (3) such contest operates to suspend collection of Borrower is diligently contesting the contested tax or assessment; (4) Borrower maintains same by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the a Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. ; however, Borrower may in good faith contest, by proper legal actions or proceedings, contest the validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action taxes or proceeding, and during the pendency thereof, charges so long as (1) no Event Borrower complies with all requirements of Default shall be continuing; applicable law relating to any such contest and (2) Borrower establishes reserves in accordance with GAAP against the imposition of such contested tax or other charge, including interest and penalties. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest any such claim or demand in excess of $250,000, (b) if requested by Lender, Borrower provides Lender with a release an indemnity, bond in such form and amount as are or other security satisfactory to Lender (including an endorsement to Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for claims and demands in excess of $250,000, including Lender's estimate of interestinterest and penalties, penalties and attorneys' fees; (3c) Borrower is diligently contesting all such contest operates to suspend collection claims and demands (regardless of the contested tax or assessment; (4amount thereof) Borrower maintains by appropriate legal proceedings in good faith and prosecutes such contest continuously with diligence, at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment; (5) the Project shall not be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such contest; and (6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence acceptable to Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.