Common use of Tenant's Right to Contest Impositions Clause in Contracts

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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' fees, costs and expenses in connection with such proceedings. Tenant shall pay all such fees (including, without limitation, reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse Landlord for such payment. During the time when any certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

Tenant's Right to Contest Impositions. Tenant shall have the right to contest the amount or validity, in whole or in part, validity of any Imposition herein by appropriate proceedings diligently conducted legal proceedings, but this shall not be deemed or construed in good faithany way as relieving, modifying or extending Tenant's covenant to make the additional rent deposits on account of any such Impositions at the time and in the manner provided in this Section 4. If permitted by lawHowever, Tenant may postpone or defer payment of before proceeding with any 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 securitycontest, Tenant shall have deposited deposit into escrow with Landlord cash or a certificate of deposit payable to Landlord issued by a national bank or federal savings and loan association third party reasonably acceptable to Landlord in Landlord, as security for the payment of the amount of one hundred ten and 00/100 percent (110.00%) any such contested Imposition, money in an amount sufficient, in the reasonable judgment of the Imposition so contested and unpaidLandlord, to pay said Imposition, together with all interest and penalties which may accrue in Landlord's reasonable judgment in connection therewith, therewith and all charges which that may or might be assessed against or become a charge on the Demised Premises, or any portion part thereof, during the pendency of such in said legal proceedings. Immediately In the event that such monies shall be insufficient to pay said Impositions (together with any interest and penalties or other charges) in full upon the termination of any such legal proceedings, Tenant shall shall, forthwith, pay over to the appropriate taxing authority an 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 proceedingsmoney sufficient, together with any coststhe monies so deposited pursuant to this Section 4.5, 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 pay 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 Xxxxxxsame. Landlord shall not be required to join in any proceedings referred such proceeding unless it shall be necessary for it to do so in this Section 5.2 unless the provisions of any law, rule or regulation at the time in effect requires that order to properly prosecute such proceedings be brought by or and Landlord is fully indemnified to its satisfaction against all costs and expenses 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 Landlord may reasonably requireconnection therewith. Landlord shall not ultimately be subject subjected to any liability for the payment of any fees, including, without limitation, reasonable attorneys' fees, costs and or expenses in connection with such proceedings. Tenant shall pay all such fees (includingTenant's contest, without limitation, reasonable attorneys' fees), nor to any liability for the payment of any costs and or expenses or, on demand, shall reimburse Landlord for such payment. During the time when in connection with any certificate of deposit is on deposit with Landlordproceeding brought by Tenant, and prior Tenant covenants to the time when the same is returned to Tenant indemnify and save harmless Landlord from any such costs or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interestexpenses.

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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' fees, costs and expenses in connection with such proceedings. Tenant shall pay all such fees (including, without limitation, reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse Landlord for such payment. During the time when any certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law, but only after payment of such Imposition, unless such payment, or a payment thereof under protest, would operate as a bar to such contest or interfere materially with the prosecution thereof, in which event, notwithstanding the provisions of Section 7.1 hereof, Tenant may postpone or defer payment of such Imposition if (ai) 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 (bii) 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 or irrevocable letter of credit payable to Landlord issued by a national bank or federal savings and loan association or other security 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 that may or might be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately If, during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit or irrevocable letters of credit as Landlord may reasonably request. Upon failure of Tenant to make such additional deposits, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorney's fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination or final determination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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, including reasonable attorneys' attorney's fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenant, Landlord shall return all amounts amounts, certificates or certificates other security deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. Landlord shall not be required to join in any proceedings referred to in this Section 5.2 7.2 unless the provisions of any law, rule or regulation at the time in effect requires shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' including attorney's fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' attorney's fees), costs and expenses or, on within ten (10) days of Landlord's demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any such certificate of deposit or other security is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law, but only after payment of such Imposition, unless such payment, or a payment thereof under protest, would operate as a bar to such contest or interfere materially with the prosecution thereof, in which event, notwithstanding the provisions of Section 5.l hereof, 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 Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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' including attorney's 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 reasonable conditions as Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' including attorney's fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such reasonable fees (including, without limitation, including reasonable attorneys' attorney's fees), costs and expenses orwithin 30 days of invoice, on demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law, and in the event of such contest, 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 is not subjected to any criminal or civil liability 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 result of such proceedingspostponement or deferment. Immediately upon Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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' including attorney's 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' including attorney's fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' attorney's fees), costs and expenses or, on demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law; provided, Tenant may postpone or defer 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 (a) neither the Demised Premises nor any portion thereof would, by reason there is then an uncured Event 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 securityDefault 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 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 that may or might be assessed against or become a charge on the Demised Premises, Premises or any portion thereof, thereof during the pendency of such proceedings. Immediately If there is then in an uncured Event of Default hereunder and if during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit as Landlord may reasonably request. If Tenant is required to make such additional deposits hereunder and Tenant fails to make same, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorneys' fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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 including attorneys' fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenantpayment, if Landlord had previously received any amounts or certificates as a deposit, Landlord shall return all amounts or certificates deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 has been paid by Xxxxxx Tenant or which have has been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable including attorneys' fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse to make reimbursement to Landlord for such paymentpayment for fees reasonably incurred by Landlord in connection with such proceedings as provided above. During the time when any such certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law, but only after payment of such Imposition, unless such payment, or a payment thereof under protest, would operate as a bar to such contest or interfere materially with the prosecution thereof, in which event, notwithstanding the provisions of Section 7.1, Tenant may postpone or defer payment of such Imposition if (ai) ----------- 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 (bii) 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 or irrevocable letter of credit payable to Landlord issued by a national bank or federal savings and loan association or other security 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 that may or might be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately upon Upon the termination or final determination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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, including reasonable attorneys' attorney"s fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenant, Landlord shall return all amounts amounts, certificates or certificates other security deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. Landlord shall not be required to join in any proceedings referred to in this Section 5.2 7.2 unless the provisions of any law, rule or ----------- regulation at the time in effect requires shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' including attorney's fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' attorney's fees), costs and expenses or, on within ten (10) days of Landlord's demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any such certificate of deposit or other security is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

Tenant's Right to Contest Impositions. Tenant shall have the right right, at its own expense, to contest the amount or validity, in whole or in part, of any Imposition by appropriate proceedings diligently conducted conducted, but only after payment of such Imposition (or provision of security therefor) reasonably acceptable to Landlord, unless such payment, or a payment thereof under protest, would operate as a bar to such contest or interfere materially with the prosecution thereof, in good faith. If permitted by lawwhich event, notwithstanding the provisions of Section 5.1 hereof, 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 other security 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 accrue, in Landlord's ’s reasonable judgment judgment, in connection therewith, and all charges which that may or might be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately If, during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit as Landlord may reasonably request. Upon failure of Tenant to make such additional deposits, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorneys’ fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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 including attorneys' ’ fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon 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 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which event Landlord shall join in such proceedings or permit the same to be brought in Landlord's ’s name at no cost to Landlord and upon compliance with such conditions as Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable including attorneys' ’ fees, costs and expenses in connection with such proceedingsproceedings (referred to in this Section 5.2). Tenant shall agrees to pay all such fees (including, without limitation, reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any such certificate of deposit or other security is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interestIf the deposit held by Landlord can be placed in an interest bearing account, Landlord will do so.

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. If permitted by law, but only after payment of such Imposition, unless such payment, or a payment thereof under protest, would operate as a bar to such contest or interfere materially with the prosecution thereof, in which event, notwithstanding the provisions of Section 7.1 hereof, Tenant may postpone or defer payment of such Imposition if (ai) 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 (bii) 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 or irrevocable letter of credit payable to Landlord issued by a national bank or federal savings and loan association or other security 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 that may or might be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately If, during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit or irrevocable letters of credit as Landlord may reasonably request. Upon failure of Tenant to make such additional deposits, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorney's fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination or final determination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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, including reasonable attorneys' attorney's fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenant, Landlord shall return all amounts amounts, certificates or certificates other security deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. Landlord shall not be required to join in any proceedings referred to in this Section 5.2 7.2 unless the provisions of any law, rule or regulation at the time in effect requires shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' including attorney's fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' attorney's fees), costs and expenses or, on within ten (10) days of Landlord's demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any such certificate of deposit or other security is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law; provided, Tenant may postpone or defer 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 (a) neither the Demised Premises nor any portion thereof would, by reason there is then an uncured Event 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 securityDefault 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 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 that may or might be assessed against or become a charge on the Demised Premises, Premises or any portion thereof, thereof during the pendency of such proceedings. Immediately If there is then in an uncured Event of Default hereunder and if during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit as Landlord may reasonably request. If Tenant is required to make such additional deposits hereunder and Tenant fails to make same, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorneys' fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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 including attorneys' fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenantpayment, if Landlord had previously received any amounts or certificates as a deposit, Landlord shall return all amounts or certificates deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 has been paid by Xxxxxx Tenant or which have has been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable including attorneys' fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any certificate of deposit is on deposit payment for fees reasonably incurred by Landlord in connection with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, such proceedings as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interestprovided above.

Tenant's Right to Contest Impositions. Tenant shall have the right 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, so long as such contest shall not subject the Demised Premises to forfeiture or subject Landlord to criminal or civil liability, fines, or other loss, cost or damage for which Tenant shall not have made satisfactory arrangements with Landlord to indemnify and/or reimburse Landlord. If permitted by law, Tenant may postpone or defer payment of such Imposition if (a) neither the Demised Premises nor or any portion thereof would, by reason of such postponement or deferment, deferment not be in danger of being forfeited or lost, and or, if (a) is not applicable, (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 other security reasonable acceptable to Landlord in the amount of one hundred ten and 00/100 percent (110.00%) of the Imposition so contested and unpaidLandlord, together with all interest and penalties which may accrue accrue, in Landlord's ’s reasonable judgment judgment, in connection therewith, and all charges which that may or might be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately If, during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit as Landlord may reasonably request. Upon failure of Tenant to make such additional deposits, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorneys’ fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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 including attorneys' ’ fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenant, Landlord shall return all amounts or certificates security deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which event Landlord shall join in such proceedings or permit the same to be brought in Landlord's ’s name at no cost to Landlord and upon compliance with such conditions as Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable including attorneys' ’ fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' ’ fees), costs and expenses or, on demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any such certificate of deposit or other security is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest. Any refunds or rebates of Impositions paid by Tenant, including any sums received by Landlord after the Term expired, shall be paid or refunded to Tenant following deduction of any reasonable, third party, out-of-pocket costs incurred by Landlord in connection therewith, which obligation shall survive the Term.

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 lawfaith but only after payment of such Imposition unless such payment would operate as a bar to such contest or interfere materially with the prosecution thereof, in which event, notwithstanding the provisions of this Article, Tenant may postpone or defer payment of such Imposition Imposition, if (a) neither the Demised Premises nor any portion part thereof would, would by reason of such postponement or deferment, 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 proceedingsforfeited. Immediately upon the Upon termination of any such proceedings, Tenant shall pay the deferred amount of such the 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 penalties or other liability liabilities in connection therewith. Within 30 days after such payment Landlord shall have the right to seek a reduction in the assessed valuation of the Premises and to prosecute any action or proceeding theretofore commenced by Tenant, Landlord if such assessed valuation shall return all amounts or certificates deposited with it with respect relate to any period subsequent to the contest termination of such Imposition, this lease. To the extent to which any tax refund payable as aforesaid, a result of any proceeding to review the assessed valuation which Landlord or at the written direction of Tenant, Landlord shall make such Tenant institutes is based upon a payment out of the funds on deposit with made by any one other than 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 relate or pertain to join in any proceedings referred a period subject 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 apportionment between Landlord and upon compliance with such conditions as Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' fees, costs and expenses in connection with such proceedings. Tenant shall pay all such fees (including, without limitation, reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse Landlord for such payment. During the time when any certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above providedTenant, Tenant shall be entitled authorized to receive collect the same; provided, however, that Tenant shall reimburse Landlord forthwith for all interest paid thereonreasonable expenses and fees incurred by Landlord in connection therewith, if anyin the proportion that the Tenant's share of the refund bears to the total refund. Cash deposits shall not bear interestSECTION 3.05.

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. If permitted by law; provided, Tenant may postpone or defer 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 (a) neither the Demised Premises nor any portion thereof would, by reason there is then an uncured Event 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 securityDefault 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 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 that may or might be assessed against or become a charge on the Demised Premises, Premises or any portion thereof, thereof during the pendency of such proceedings. Immediately If there is then in an uncured Event of Default hereunder and if during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit as Landlord may reasonably request. If Tenant is required to make such additional deposits hereunder and Tenant fails to make same, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorneys' fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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 including attorneys' fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenantpayment, if Landlord had previously received any amounts or certificates as a deposit, Landlord shall return all amounts or certificates deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 has been paid by Xxxxxx Tenant or which have has been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. 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 shall require that such proceedings be brought by or in the name of Landlord. In such event, in which 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 Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable including attorneys' fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' fees), costs and expenses or, on demand, shall reimburse to make reimbursement to Landlord for such paymentpayment for fees reasonably incurred by Landlord in connection with such proceedings as provided above. During the time when any such certificate of deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.

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. If permitted by law, but only after payment of such Imposition, unless such payment, or a payment thereof under protest, would operate as a bar to such contest or interfere materially with the prosecution thereof, in which event, notwithstanding the provisions of Section 7.1 hereof, Tenant may postpone or defer payment of such Imposition if (ai) 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 (bii) 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 or irrevocable letter of credit payable to Landlord issued by a national bank or federal savings and loan association or other security 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 ’s reasonable judgment in connection therewith, and all charges which that may or might be assessed against or become a charge on the Demised Premises, or any portion thereof, during the pendency of such proceedings. Immediately If, during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit or irrevocable letters of credit as Landlord may reasonably request. Upon failure of Tenant to make such additional deposits, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Imposition, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorney’s fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination or final determination of any such proceedings, Tenant shall pay the amount of such Imposition or portion part 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, including reasonable attorneys' attorney’s fees, interest, penalties, fines and other liability in connection therewith. Within 30 days after , and upon such payment by Tenant, Landlord shall return all amounts amounts, certificates or certificates other security deposited with it with respect to the contest of such Imposition, as aforesaid, or 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 Tenant or which have been paid by Landlord but for which Xxxxxxxx Landlord has been previously reimbursed in full by XxxxxxTenant. Landlord shall not be required to join in any proceedings referred to in this Section 5.2 7.2 unless the provisions of any law, rule or regulation at the time in effect requires shall require that such proceedings be brought by or in the name of Landlord. In such event, in which event Landlord shall join in such proceedings or permit the same to be brought in Landlord's ’s name at no cost to Landlord and upon compliance with such conditions as Landlord may reasonably require. Landlord shall not ultimately be subject to any liability for the payment of any fees, including, without limitation, reasonable attorneys' including attorney’s fees, costs and expenses in connection with such proceedings. Tenant shall agrees to pay all such fees (including, without limitation, including reasonable attorneys' attorney’s fees), costs and expenses or, on within ten (10) days of Landlord’s demand, shall reimburse to make reimbursement to Landlord for such payment. During the time when any such certificate of deposit or other security is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Impositions, as above provided, Tenant shall be entitled to receive all interest paid thereon, if any. Cash deposits shall not bear interest.