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

Tenant's Right to Contest. Tenant shall have the right, by appropriate proceedings, to protest or contest any assessment, reassessment or allocation or Property Taxes or any change therein or any application of any Law to the Premises or Tenant's use thereof. Landlord shall notify Tenant in writing of any change in Property Taxes within sufficient time to allow Tenant to review and, if it so desires, to contest or protest such change. In the contest or proceedings, Tenant may act in its own name and/or the name of Landlord and Landlord will, at Tenant's request and expense, cooperate with Tenant in any way Tenant may reasonably require in connection with such contest. If Tenant does not pay Tenant's Percentage Share of the Property Taxes when due which are the subject of such protest or contest, Tenant shall post a bond in lieu thereof and, with respect to any contest of Property Taxes or Laws, shall hold Landlord and the Premises harmless from any damage arising out of the proceedings or contest and shall pay any judgment that may be rendered for which Tenant would otherwise be liable under this Lease without such contest or protest. In any event, Tenant agrees to pay Tenant's Percentage Share of the Property Taxes prior to the foreclosure of any tax lien. Any contest conducted by Tenant under this Paragraph shall be at Tenant's expense and if interest or late charges become payable as a result of such contest a protest, Tenant shall pay the same.

Tenant's Right to Contest. Tenant shall have the right, by ------------------------- appropriate proceedings, to protest or contest any assessment, assessment or reassessment or allocation or of Real Property Taxes or any change therein or any application of any Law to in the Premises or Tenant's use thereoftax rate. Landlord shall notify Tenant in writing of any change in Property Taxes the assessments or the tax rate within sufficient time to allow Tenant to review and, if it so desires, to contest or protest such change. Tenant shall notify Landlord in writing within sixty (60) days after receipt of Landlord's notice if Tenant elects to make a contest or protest. In the contest or proceedings, Tenant may act in its own name and/or the name of Landlord and Landlord will, at Tenant's request and expenseprovided Landlord is not put to any expense thereby, cooperate with Tenant in any way Tenant may reasonably require in connection with such contest. If Tenant does not pay Tenant's Percentage Share of the Real Property Taxes when due which are the subject of such protest or contest, before the commencement of the proceeding or contest Tenant shall post furnish to Landlord a surety bond issued by an insurance company qualified to do business in lieu thereof and, with respect to any contest California. The amount of the bond shall equal 125% of the total amount of Real Property Taxes or Laws, in dispute. The bond shall hold Landlord and the Premises Property harmless from any damage arising out of the proceedings proceeding or contest and shall pay insure the payment of any judgment that may be rendered for which Tenant would otherwise be liable under this Lease without such contest or protest. In any event, Tenant agrees to pay Tenant's Percentage Share of the Property Taxes prior to the foreclosure of any tax lienrendered. Any contest conducted by Tenant under this Paragraph paragraph shall be at Tenant's expense and if interest or late charges become payable with respect to Real Property Taxes as a the result of such contest a or protest, Tenant shall pay reimburse Landlord for the same.

Tenant's Right to Contest. Tenant may, at its sole cost and expense and if diligently prosecuted according to the procedure therefor and upon posting adequate security as required under Legal Requirements, contest the validity or amount of the assessed valuation for Taxes on the Property with respect to calendar year 2013; provided that such actions by Tenant are at no cost to Landlord. If Tenant desires to contest the validity or amount of the assessed valuation for Taxes on the Property with respect to calendar year 2013 or to appeal any decision by the Xxxxxx Central Appraisal District regarding the validity or amount of the assessed valuation for Taxes on the Property with respect to calendar year 2013, Tenant shall have the right, by appropriate proceedings, to protest or contest any assessment, reassessment or allocation or Property Taxes or any change therein or any application of any Law to the Premises or Tenant's use thereof. so notify Landlord shall notify Tenant in writing of any change in Property Taxes within sufficient time at least thirty (30) days before the deadline to allow Tenant to review and, if it so desires, to contest or protest such change. In file the contest or proceedingsappeal. If such Impositions become due while the contest or an appeal is pending, Tenant may act in its own name and/or shall deposit with Landlord the name full amount of Landlord such Impositions less any portion thereof paid under protest to the tax assessor-collector and Landlord willshall reimburse Tenant the amount of any reimbursement following such contest or appeal. Nothing herein contained, however, shall be construed to allow any Imposition to remain unpaid for such length of time as would permit the Property, or any part thereof, to be sold or seized by any Governmental Entity for the nonpayment of the Imposition or that would cause a default by Landlord under any loan secured by the Property. If at any time, in the judgment of Landlord, reasonably exercised, it shall become necessary to do so, Landlord may, after written notice to Tenant, under protest if so requested by Tenant, direct the application of the amounts so deposited or so much thereof as may be required to prevent the Impositions from becoming delinquent or to prevent a default under any loan encumbering the Property. Tenant shall promptly furnish Landlord with copies of all proceedings and documents relating to any tax contest or appeal. At Landlord’s election, Landlord, at Tenant's request and expenseLandlord’s cost which may not be included in Operating Costs, cooperate with may join as a party to any proceeding initiated by Tenant in to contest the validity or amount of any way Tenant may reasonably require in connection with such contest. If Tenant does not pay Tenant's Percentage Share Imposition or to obtain a lowering of the Property Taxes when due which are valuation of the subject Property. Upon the final determination of such protest any proceeding or contest, Tenant shall post a bond in lieu thereof andimmediately pay the Impositions due, together with respect all costs, charges, interest and penalties incidental to any contest of Property Taxes or Laws, shall hold Landlord and the Premises harmless from any damage arising out of the proceedings or contest and except that Landlord shall pay any judgment that may be rendered for which Tenant would otherwise be liable under this Lease without such contest or protest. In any event, Tenant agrees required to pay Tenant's Percentage Share of the Property Taxes prior such amounts to the foreclosure of any tax lien. Any contest conducted extent that Landlord has collected the amount owed by Tenant under for such Impositions pursuant to Section 5.2(b) or this Paragraph Section 5.2(c). Tenant’s right to contest property taxes pursuant to this Section 5.2(c) shall only apply to the 2013 tax year. From and after the 2014 tax year, the terms of this Section 5.2(c) shall terminate and be at Tenant's expense and if interest of no further force or late charges become payable as a result of such contest a protest, Tenant shall pay the sameeffect.

Tenant's Right to Contest. Tenant Utility Charges, Contest Taxes and Seek Reduction of Assessed Valuation of the Premises Tenant, at Tenant’s sole cost and expense, shall have the right, by appropriate proceedingsat any time, to protest seek a reduction in the assessed valuation of the Premises or to contest any assessmenttaxes or utility charges that are to be paid by Tenant; provided, reassessment or allocation or Property Taxes or any change therein or any application however, Tenant shall (i) give Landlord written notice of any Law such intention to contest at least thirty (30) days before any delinquency could occur; (ii) indemnify and hold Landlord harmless from all liability on account of such contest; (iii) take such action as is necessary to remove the effect of any lien which attached to the Premises or the improvements thereon due to such contest, or in lieu thereof, at Landlord’s election, furnish Landlord with adequate security for the amount of the Taxes due plus interest and penalties; and (iv) in the event of a final determination adverse to Tenant's use thereof, prior to enforcement, foreclosure or sale, pay the amount involved together with all penalties, fines, interest, costs, and expenses which may have accrued. Landlord shall notify Tenant in writing of any change in Property Taxes within sufficient time to allow Tenant to review and, if it so desires, to contest or protest such change. In the contest or proceedings, Tenant may act use any means allowed by statute to protest Taxes or utility charges as defined in its own name and/or the name this Section 9 as long as Tenant remains current as to all other terms and conditions of Landlord and Landlord will, at Tenant's request and expense, cooperate with Tenant in any way Tenant may reasonably require in connection with such contestthis Lease. If the protested Taxes have not been paid, then at Landlord’s request Tenant does not pay Tenant's Percentage Share shall furnish to Landlord a surety bond issued by an insurance company qualified to do business in the state where the Premises are located. The amount of bond shall equal one hundred ten percent (110%) of the Property total amount of Taxes when due which are the subject of such protest or contest, Tenant shall post a in dispute. The bond in lieu thereof and, with respect to any contest of Property Taxes or Laws, shall hold Landlord and the Premises harmless from any damage arising out of the proceedings proceeding or contest and shall pay insure the payment of any judgment that may be rendered for which rendered. If Tenant would otherwise be liable under this Lease without such contest seeks a reduction or protest. In contests any eventTaxes or utility charges, Tenant agrees the failure on Tenant’s part to pay Tenant's Percentage Share the Taxes or utility charges shall not constitute a default as long as Tenant complies with the provisions of the Property Taxes prior to the foreclosure of any tax lien. Any contest conducted by Tenant under this Paragraph shall be at Tenant's expense and if interest or late charges become payable as a result of such contest a protest, Tenant shall pay the sameSection.

Tenant's Right to Contest. Tenant shall have the right, by ------------------------- appropriate proceedings, to protest or contest any assessment, reassessment or allocation or of Property Taxes or any change therein or any application of any Law to the Premises or Tenant's use thereof. Landlord shall notify Tenant in writing of any change in Property Taxes within sufficient time to allow Tenant to review and, if it so desires, to contest or protest such change. In the contest or proceedings, Tenant may act in its own name and/or the name of Landlord and Landlord will, at Tenant's request and expense, cooperate with Tenant in any way Tenant may reasonably require in connection with such contest. If Tenant does not pay Tenant's Percentage Share of the Property Taxes when due which are the subject of such protest or contest, . Tenant shall post a bond in lieu thereof and, with respect to any contest of Property Taxes or Laws, shall hold Landlord and the Premises harmless from any damage arising out of the proceedings or contest and shall pay any judgment that may be rendered for which Tenant would otherwise be liable under this Lease without such contest or protest. In any event, Tenant agrees to pay Tenant's Percentage Share of the Property Taxes prior to the foreclosure of any tax lien. Any contest conducted by Tenant under this Paragraph shall be at Tenant's expense and if interest or late charges become payable as a result of such contest a or protest, . Tenant shall pay the same.