Tenant's Right to Contest Impositions. Tenant shall have the right to contest the amount or validity, in whole or in part, of any Imposition by appropriate proceedings diligently conducted in good faith. If permitted by law, Tenant may postpone or defer payment of such Imposition if (a) neither the Demised Premises nor any portion thereof would, by reason of such postponement or deferment, be in danger of being forfeited or lost, and (b) unless Landlord and Tenant have reasonably agreed as to an alternate form of security, Tenant shall have deposited with Landlord cash or a certificate of deposit payable to Landlord issued by a national bank or federal savings and loan association reasonably acceptable to Landlord in the amount of one hundred ten and 00/100 percent (110.00%) of the Imposition so contested and unpaid, together with all interest and penalties which may accrue in Landlord's reasonable judgment in connection therewith, and all charges which may be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion thereof, if any, as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees, including, without limitation, reasonable attorneys' fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after such payment by Tenant, Landlord shall return all amounts or certificates deposited with it with respect to the contest of such Imposition, as aforesaid, or at the written direction of Tenant, Landlord shall make such payment out of the funds on deposit with Landlord and the balance, if any, shall be returned to Tenant. Tenant shall be entitled to the refund of any Imposition, penalty, fine and interest thereon received by Landlord which have been paid by Xxxxxx or which have been paid by Landlord but for which Xxxxxxxx has been previously reimbursed in full by Xxxxxx. Landlord shall not be required to join in any proceedings referred to in this Section 5.2 unless the provisions of any law, rule or regulation at the time in effect requires that such proceedings be brought by or in the name of Landlord. In such event, Landlord shall join in such proceedings or permit the same to be brought in Landlord's name at no cost to Landlord and upon compliance with such conditions as Lan...
Tenant's Right to Contest Impositions. Tenant shall have the right at its own expense to contest the amount or validity, in whole or in part, of any Imposition by appropriate proceedings diligently conducted in good faith; provided, however, if the payment of such Imposition is necessary to properly appeal such Imposition, Tenant shall pay such imposition before delinquency; and, provided further, if Tenant is then in default hereunder, Tenant shall have first deposited with Landlord cash or a certificate of deposit payable to Landlord issued by a national bank or federal savings and loan association in the amount of the Imposition so contested and unpaid, together with all interest and penalties which may accrue in Landlord's reasonable judgment in connection therewith,
Tenant's Right to Contest Impositions. Tenant shall have the right to contest the amount or validity, in whole or in part, of any Imposition by appropriate proceedings diligently conducted in good faith provided Tenant gives Landlord at least five (5) days’ prior written notice of such contest. Upon termination of any such proceedings, Tenant shall pay the deferred amount of the Imposition as finally determined in such proceedings, together with any costs, fees, interest, penalties or other liabilities in connection therewith.
Tenant's Right to Contest Impositions
