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

Tenant's Right to Contest. Tenant may contest any Imposition by diligently conducting proceedings in which event, upon Tenant's request and if permitted by law, Tenant may postpone payment of such Imposition during such contest if: (a) Such postponement would not constitute a default under any Landlord's mortgage; (b) Landlord's interest in the Demised Premises would not be endangered thereby; and (c) Tenant deposits with Landlord the amount so contested and unpaid, and annually thereafter adds to such deposit such accrued interest and penalties as Landlord reasonably estimates might be assessed against the Demised Premises in such proceeding. Upon the termination of such proceeding, Tenant shall pay the amount of such Imposition (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's request, Landlord shall pay such amount to the extent of the funds so deposited. Upon payment in full of such amount, interest and penalties (whether by Landlord or Tenant), Landlord shall return any then balance of the amount so deposited. If, during such proceeding, Landlord in good xxxxx xxxxx the amount so deposited insufficient, Tenant shall upon Landlord's demand, deposit such additional funds as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be applied by Landlord to the payment of such Imposition, interest and penalties and any balance shall be returned to Tenant. Landlord shall, if required through such proceedings and requested by Tenant, join in such proceedings, cooperate with Tenant and execute requisite documents, provided Tenant pays Landlord's resultant expenses.

Tenant's Right to Contest. If Tenant receives notice of any violation of any law or requirement of public authority or requirement of insurance bodies applicable to the Premises, it shall give prompt notice thereof to Landlord. Tenant may, at its expense, contest the validity or applicability of any such law or requirement of public authority or requirement of insurance bodies by appropriate proceedings prosecuted diligently and in good faith, and may contest defer compliance therewith, provided that (i) neither Landlord nor the Board is thereby subjected to criminal prosecution or criminal or civil penalty of any Imposition nature, (ii) no unsafe or hazardous condition remains unremedied, (iii) the Premises, or any part thereof, shall not be subject to being condemned or vacated by diligently conducting proceedings in which event, upon Tenant's request and if permitted by law, Tenant may postpone payment reason of such Imposition during non-compliance or such contest if: contest, (aiv) Such postponement would not constitute a default under any Landlord's mortgage; (b) Landlord's interest no insurance policy carried in the Demised Premises would not be endangered thereby; and (c) Tenant deposits with Landlord the amount so contested and unpaid, and annually thereafter adds to such deposit such accrued interest and penalties as Landlord reasonably estimates might be assessed against the Demised Premises in such proceeding. Upon the termination of such proceeding, Tenant shall pay the amount of such Imposition (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's request, Landlord shall pay such amount to the extent respect of the funds so deposited. Upon payment in full of such amount, interest and penalties (whether Unit by Landlord or Tenant), Landlord shall return any then balance in respect of the amount so depositedBuilding or the Common Elements by the Board is cancelled and no premium for any such policy is increased by reason of such non-compliance or such contest, and (v) such non-compliance or contest shall not constitute or result in any violation of any Underlying Lease or any mortgage on the Unit or the Building or on an Underlying Lease thereof the provisions of which Tenant has notice, and Tenant complies with all requirements of all such Underlying Leases or mortgages the provisions of which Tenant has notice including those, if any, relating to the furnishing of security. If, during such proceeding, Landlord in good xxxxx xxxxx the amount so deposited insufficient, Tenant shall upon Landlord's demand, deposit such additional funds keep Landlord advised as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be applied by Landlord to the payment all settlements of such Imposition, interest and penalties and any balance shall be returned to Tenantcontest. Landlord shall, if agrees to execute any document reasonably required through by Tenant in order to permit Tenant effectively to carry on any such proceedings and requested by Tenant, join in such proceedings, cooperate with Tenant and execute requisite documentscontest, provided Tenant pays Landlord's resultant expensesneither Landlord nor the Board is thereby subjected to any cost or expense or exposed to any liability or obligation on account thereof.

Tenant's Right to Contest. Tenant may contest any Imposition by diligently conducting proceedings in which event, upon Tenant's request and if permitted by law, Tenant may postpone payment of such Imposition during such contest if: (a) Such postponement would not constitute a default under any Landlord's mortgage; (b) Landlord's interest in the Demised Premises would not be endangered thereby; and (c) Tenant deposits with Landlord the amount so contested and unpaid, and annually thereafter adds to such deposit such accrued interest and penalties as Landlord reasonably estimates might be assessed against the Demised Premises in such proceeding. Upon the termination of such proceeding, Tenant shall pay the amount of such Imposition (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's request, Landlord shall pay such amount to the extent of the funds so deposited. Upon payment in full of such amount, interest and penalties (whether by Landlord or Tenant), Landlord shall return any then balance of the amount so deposited. If, during such proceeding, Landlord in good xxxxx xxxxx faith deems the amount so deposited insufficient, Tenant shall upon Landlordupox Xxxxxxxx's demand, deposit such additional funds as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be applied by Landlord to the payment of such Imposition, interest and penalties and any balance shall be returned to Tenant. Landlord shall, if required through such proceedings and requested by Tenant, join in such proceedings, cooperate with Tenant and execute requisite documents, provided Tenant pays Landlord's resultant expenses.

Tenant's Right to Contest. Tenant shall be privileged to seek an exemption or reduction in the valuation of the Parking Facility or the Parking Facility Equipment for tax purposes and to contest in good faith by appropriate proceedings, at Tenant’s expense, the amount or validity in whole or in part of any Imposition; and may contest defer payment thereof, provided that Tenant shall deposit with Landlord or the appropriate governmental authority, as provided by applicable law, a sum which shall be at least equal to the amount of the item so contested, and also, from time to time, on demand of Landlord, .such additional sum as may be reasonably required to cover interest or penalties accrued or to accrue on any Imposition by diligently conducting proceedings in which eventsuch item or items. Landlord may, upon ten (10) days prior written notice to Tenant's request and if permitted by law, Tenant may postpone payment pay such contested item or items out of such Imposition during such contest if: any sums so deposited in the event that (a) Such postponement would not constitute a default under any Landlord's mortgage; Tenant has caused an undue delay in the prosecution of such proceedings, or (b) Landlord's interest in the Demised Premises would not be endangered thereby; and (c) Tenant deposits Landlord has received written notice of a taxing authority’s intent to initiate foreclosure proceedings with Landlord the amount so contested and unpaid, and annually thereafter adds to such deposit such accrued interest and penalties as Landlord reasonably estimates might be assessed against the Demised Premises in such proceeding. Upon the termination of such proceeding, Tenant shall pay the amount of such Imposition (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's request, Landlord shall pay such amount respect to the extent of the funds so depositedPremises. Upon payment in full of When any such amountcontested items shall have been paid or canceled, interest and penalties (whether by Landlord or Tenant), Landlord shall return any then balance of the amount so deposited. If, during such proceeding, Landlord in good xxxxx xxxxx the amount sums so deposited insufficient, Tenant shall upon Landlord's demand, deposit such additional funds as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be cover them and not applied by Landlord to the payment of such Imposition, interest and penalties and any balance as aforesaid shall be returned repaid to Tenant. Landlord shall, if required through such proceedings shall have a right to seek a reduction in the valuation of the Premises assessed for tax purposes and requested to prosecute any action or proceeding theretofore commenced by Tenant, join if such assessed valuation or valuations shall in whole or in part relate and pertain to any period of time subsequent to the expiration or termination of this Lease. To the extent to which any tax refund payable is a result of any proceeding in the nature of certiorari which Landlord or Tenant may institute, or payable by reason of compromise or settlement of any such proceedingsproceeding, cooperate with may be based upon a payment made by anyone other than Landlord, Tenant and execute requisite documentsshall be authorized to collect the same, provided Tenant pays Landlord's resultant expensessubject, however, to Tenant’s obligation to reimburse Landlord forthwith for any expense incurred by Landlord in connection therewith.

Tenant's Right to Contest. Tenant may contest any Imposition by diligently conducting proceedings in which event, upon Tenant's ’s request and if permitted by law, Tenant may postpone payment of such Imposition during such contest if: (a) Such postponement would not constitute a default under any Landlord's ’s mortgage; (b) Landlord's ’s interest in the Demised Premises would not be endangered thereby; and (c) Tenant deposits with Landlord the amount so contested and unpaid, and annually thereafter adds to such deposit such accrued interest and penalties as Landlord reasonably estimates might be assessed against the Demised Premises in such proceeding. Upon the termination of such proceeding, Tenant shall pay the amount of such Imposition (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's ’s request, Landlord shall pay such amount to the extent of the funds so deposited. Upon payment in full of such amount, interest and penalties (whether by Landlord or Tenant), Landlord shall return any then balance of the amount so deposited. If, during such proceeding, Landlord in good xxxxx xxxxx the amount so deposited insufficient, Tenant shall upon Landlord's ’s demand, deposit such additional funds as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be applied by Landlord to the payment of such Imposition, interest and penalties and any balance shall be returned to Tenant. Landlord shall, if required through such proceedings and requested by Tenant, join in such proceedings, cooperate with Tenant and execute requisite documents, provided Tenant pays Landlord's ’s resultant expenses.

Tenant's Right to Contest. Tenant may contest any Imposition by diligently conducting proceedings in which event, upon Tenant's request and if permitted by law, Tenant may postpone payment of such Imposition during such contest if: (a) Such postponement would not constitute a default under any Landlord's mortgage; (b) Landlord's interest in the Demised Premises would not be endangered thereby; and (c) Tenant deposits with Landlord the amount so contested and unpaid, and annually thereafter adds to such deposit such accrued interest and penalties as Landlord reasonably estimates might be assessed against the Demised Premises in such proceeding. Upon the termination of such proceeding, Tenant shall pay the amount of such Imposition (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's request, Landlord shall pay such amount to the extent of the funds so deposited. Upon payment in full of such amount, interest and penalties (whether by Landlord or Tenant), Landlord shall return any then balance of the amount so deposited. If, during such proceeding, Landlord in good xxxxx xxxxx the amount so deposited insufficient, Tenant shall upon Landlord's demand, deposit such additional funds as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be applied by Landlord to the payment of such Imposition, interest and penalties and any balance shall be returned to Tenant. Landlord shall, if required through such proceedings and requested by Tenant, join in such proceedings, cooperate with Tenant and execute requisite documents, provided Tenant pays Landlord's resultant expenses.

Tenant's Right to Contest. Tenant, at its own cost and expense, may contest, by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence the amount or validity of any Imposition (except for Non-Lien Impositions, which Tenant may contest in accordance with Section 7.4 below) in any Imposition by diligently conducting proceedings in which event, upon Tenant's request and if manner permitted by law, in Tenant’s name, and, whenever necessary, in Landlord’s name, provided that: (a) if expressly required by the Fee Mortgagee, Tenant may postpone payment has paid the uncontested portion of such Imposition during and paid such contest if: contested Imposition “under protest” or deposited the amount of such Impositions with Landlord, (ab) Such postponement would such noncompliance shall not constitute a default under crime on the part of Landlord or any agent, servant, employee, trustee, beneficiary or principal of Landlord's mortgage; (b) Landlord's interest in the Demised Premises would not be endangered thereby; and , (c) neither an Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or surrendered, (d) such noncompliance will not result in any lien, charge or other liability of any kind against any Individual Property or against Landlord, any other Landlord Party or Tenant’s interest in this Lease and Tenant deposits shall indemnify Landlord and the other Landlord Parties against any such lien, charge or other liability, (e) Tenant shall prosecute such contest (at Tenant’s own expense) with due diligence and in good faith to a final determination by the court, department or Governmental Authority having final jurisdiction and shall promptly comply with such final determination, (f) provided that no Event of Default has occurred and is continuing and (g) Tenant shall promptly notify Landlord upon Tenant’s actual knowledge of any lien or similar charge that is filed against any Individual Property. Landlord will cooperate with Tenant and execute any documents or pleadings reasonably required for such purposes, provided that the same shall be without cost, liability or expense to Landlord (and Landlord hereby waives, in the absence of any Event of Default by Tenant, any right to itself contest the amount so contested and unpaidor validity of any Impositions), and annually thereafter adds to provided further that Tenant shall indemnify and hold Landlord and the other Landlord Parties harmless from and against any such deposit cost, liability or expense incurred in connection with such accrued interest and penalties as Landlord reasonably estimates might be assessed against proceedings. Such contest may include appeals from any judgment, decree or order until a final determination is made by a court or governmental department or authority having final jurisdiction in the Demised Premises in such proceedingmatter. Upon the termination of any such proceedingcontest, Tenant shall pay the amount of the contested Imposition as finally determined in such contest, and all interest, penalties and all other costs, charges, fees and liabilities in connection therewith. All refunds and abatements of Impositions payable during the Term shall belong to Tenant unless such Impositions are payable with respect to a period any portion of which is before or after the expiration of the Term, in which event such refund shall be apportioned between Landlord and Tenant based upon the portions of the period covered by such Imposition which are during and after the Term. As used herein, “Non-Lien Impositions” refers to those Impositions which are not real estate taxes, assessments or special assessments or similar taxes or charges and the failure to pay any such Impositions will not result in the assertion of a lien against the applicable Individual Property (as finally therein determined) remaining unpaid and all interest and penalties relating thereto or, upon Tenant's request, Landlord shall pay such amount to the extent of the funds so deposited. Upon payment in full of such amount, interest and penalties (whether by Landlord or Tenantany portion thereof), Landlord shall return any then balance of the amount so deposited. If, during such proceeding, Landlord in good xxxxx xxxxx the amount so deposited insufficient, Tenant shall upon Landlord's demand, deposit such additional funds as Landlord reasonably requests. If Tenant fails to deposit such additional funds, the funds theretofore deposited may be applied by Landlord to the payment of such Imposition, interest and penalties and any balance shall be returned to Tenant. Landlord shall, if required through such proceedings and requested by Tenant, join in such proceedings, cooperate with Tenant and execute requisite documents, provided Tenant pays Landlord's resultant expenses.