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

Tenant's Right to Contest. Tenant shall have the right, at its own expense, to contest the amount or validity of any Tax or Assessment by appropriate proceedings diligently conducted in good faith which shall operate to prevent the collection of any such Tax or Assessment so contested or the sale of the Premises or any part thereof to satisfy the same. As a condition precedent to Tenant’s contesting any Tax or Assessment, Tenant shall (a) comply with all Laws respecting such contest, (b) give Landlord prior written notice of Tenant’s intent to so contest said amount or validity, and (c) in order to protect Landlord from any sale or foreclosure against the Premises or any part thereof, provide a good and sufficient surety bond or other security deemed appropriate by Landlord in the amount of such Tax or Assessment plus estimated penalties which may be imposed. Tenant shall bear any and all costs, liability or damage, including attorneys’ fees and costs arising out of such contest. Nothing in this section relieves, modifies or extends Tenant’s covenant to pay any such Tax or Assessment at the time and in the manner provided in this Article VII.

Appears in 4 contracts

Samples: Ground Lease Template, Ground Lease Template, Ground Lease Template

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Tenant's Right to Contest. Tenant shall have the right, at its own expense, to contest the amount or validity of any Tax or Assessment by appropriate proceedings diligently conducted in good faith which shall operate to prevent the collection of any such Tax or Assessment so contested or the sale of the Premises or any part thereof to satisfy the same. As a condition precedent to Tenant’s contesting any Tax or Assessment, Tenant shall (a) comply with all Laws respecting such contest, (b) give Landlord prior written notice of Tenant’s intent to so contest said amount or validity, and (c) in order to protect Landlord from any sale or foreclosure against the Premises or any part thereof, provide a good and sufficient surety bond or other security deemed appropriate by Landlord in the amount of such Tax or Assessment plus estimated penalties which may be imposed. Tenant shall bear any and all costs, liability or damage, including attorneys’ fees and costs arising out of such contest. Nothing in this section Section relieves, modifies or extends Tenant’s covenant to pay any such Tax or Assessment at the time and in the manner provided in this Article VII7.

Appears in 1 contract

Samples: Ground Lease

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