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 of Property Taxes or any change therein. 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. Tenant must pay all Property Taxes as and when required by Subparagraph 7.B., even those which are the subject of such protest or contest, but Tenant may sue xx recover overpayments or Property Taxes as part of any such contest. With respect to any contest of Property Taxes, Tenant shall indemnify and hold Landlord and the Premises harmless from any liens or damage arising out of such protest 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. 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 or protest, Tenant shall pay the same. Any tax assessments reimbursed to Landlord as a consequence of such contest shall be reimbursed to Tenant, to the extent originally paid by Tenant under the terms of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Auspex Systems Inc), Lease Agreement (Auspex Systems 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 of Property Taxes or any change therein. 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. Tenant must pay all Property Taxes as and when required by Subparagraph 7.B.Section 7.2, even those which are the subject of such protest or contest, but Tenant may sue xx recover overpayments or of Property Taxes as part of any such contest. With respect to any contest of Property Taxes, Tenant shall indemnify and hold Landlord and the Premises harmless from any liens or damage arising out of such protest 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. Any contest conducted by Tenant under this paragraph Section shall be at Tenant's expense and if interest or late charges become payable as a result of such contest or protest, Tenant shall pay the same. Any tax assessments reimbursed to Landlord as a consequence of such contest shall be reimbursed to Tenant, to the extent originally paid by Tenant under the terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Turnstone Systems Inc)

Tenant's Right to Contest. Tenant shall have the right, by ------------------------- appropriate proceedings, to protest or contest any assessment, reassessment or allocation of Property Taxes or any change therein. 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. Tenant must pay all Property Taxes as and when required by Subparagraph 7.B., even those which are the subject of such protest or contest, but Tenant may sue xx xxx to recover overpayments or Property Taxes as part of any such contest. With respect to any contest of Property Taxes, Tenant shall indemnify and hold Landlord and the Premises harmless from any liens or damage arising out of such protest 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. 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 or protest, Tenant shall pay the same. Any tax assessments reimbursed to Landlord as a consequence of such contest shall be reimbursed to Tenant, to the extent originally paid by Tenant under the terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Covad Communications Group Inc)

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Tenant's Right to Contest. Prior to the date Tenant exercises any 15 Termination Option under this Lease (or under the Adjacent Lease if prior to the date the Land is parcelized or subdivided into two separate legal parcels), Tenant shall have the right, by appropriate proceedings, to protest or contest any assessment, reassessment or allocation of Property Taxes or other taxes payable by Tenant in whole or in part or any change therein. 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. Tenant must pay all Property Taxes as and when required by Subparagraph 7.B.Paragraph 9(b), even those which are the subject of such protest or contest, but Tenant may sue xx recover overpayments or of Property Taxes as part of any such contest. With respect to any contest of Property Taxes, Tenant shall indemnify and hold Landlord and the Land, Buildings and Premises harmless from any liens or damage arising out of such protest 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. Such indemnification and hold harmless obligation shall survive the termination of this Lease. 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 or protest, Tenant shall pay the same. Any tax assessments reimbursed to Landlord as a consequence of such contest shall be reimbursed to Tenant, to the extent originally paid by Tenant under the terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cisco Systems Inc)

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