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.

Appears in 2 contracts

Samples: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)

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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.

Appears in 2 contracts

Samples: Improvement Agreement (Objective Systems Integrators Inc), Improvement Agreement (Objective Systems Integrators Inc)

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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.

Appears in 1 contract

Samples: 'S Agreement (Pilot Network Services Inc)

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