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

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 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 such item or items. Landlord may, upon ten (10) days prior written notice to Tenant, pay such contested item or items out of any sums so deposited in the event that (a) Tenant has caused an undue delay in the prosecution of such proceedings, or (b) Landlord has received written notice of a taxing authority’s intent to initiate foreclosure proceedings with respect to the Premises. When any such contested items shall have been paid or canceled, any sums so deposited to cover them and not applied by Landlord as aforesaid shall be repaid to Tenant. Landlord shall have a right to seek a reduction in the valuation of the Premises assessed for tax purposes and to prosecute any action or proceeding theretofore commenced by Tenant, 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 proceeding, may be based upon a payment made by anyone other than Landlord, Tenant shall be authorized to collect the same, subject, 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, 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 be privileged so notify Landlord in writing at least thirty (30) days before the deadline to seek file the contest or appeal. If such Impositions become due while the contest or 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 proceedingsappeal is pending, at Tenant’s expense, the amount or validity in whole or in part of any Imposition; and may defer payment thereof, provided that Tenant shall deposit with Landlord or the appropriate governmental authority, as provided by applicable law, a sum which full amount of such Impositions less any portion thereof paid under protest to the tax assessor-collector and Landlord shall be at least equal to 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 item so contestedProperty, and alsoor any part thereof, from time 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, on demand in the judgment of Landlord, .such additional sum as may be reasonably required exercised, it shall become necessary to cover interest or penalties accrued or to accrue on any such item or items. do so, Landlord may, upon ten (10) days prior after written notice to Tenant, pay such contested item under protest if so requested by Tenant, direct the application of the amounts so deposited or items out 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 Landlord’s cost which may not be included in Operating Costs, may join as a party to any proceeding initiated by Tenant to contest the validity or amount of any sums so deposited in the event that (a) Tenant has caused an undue delay in the prosecution Imposition or to obtain a lowering of such proceedings, or (b) Landlord has received written notice of a taxing authority’s intent to initiate foreclosure proceedings with respect to the Premises. When any such contested items shall have been paid or canceled, any sums so deposited to cover them and not applied by Landlord as aforesaid shall be repaid to Tenant. Landlord shall have a right to seek a reduction in the valuation of the Premises assessed for tax purposes and to prosecute any action or proceeding theretofore commenced by Tenant, if such assessed valuation or valuations shall in whole or in part relate and pertain to any period of time subsequent to Property. Upon the expiration or termination of this Lease. To the extent to which any tax refund payable is a result final determination 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 proceeding, may be based upon a payment made by anyone other than Landlordcontest, Tenant shall immediately pay the Impositions due, together with all costs, charges, interest and penalties incidental to the proceedings except that Landlord shall be authorized required to collect pay such amounts to the same, subject, however, extent that Landlord has collected the amount owed by Tenant for such Impositions pursuant to Section 5.2(b) or this Section 5.2(c). Tenant’s obligation right to reimburse Landlord forthwith for any expense incurred by Landlord in connection therewithcontest 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 of no further force or effect.

Tenant's Right to Contest. Tenant shall be privileged to seek an exemption or reduction in the valuation Utility Charges, Contest Taxes and Seek Reduction of Assessed Valuation of the Parking Facility or the Parking Facility Equipment for tax purposes and to contest in good faith by appropriate proceedingsPremises Tenant, at Tenant’s sole cost and expense, shall have the amount or validity in whole or in part of right, at any Imposition; and may 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 such item or items. Landlord may, upon ten (10) days prior written notice to Tenant, pay such contested item or items out of any sums so deposited in the event that (a) Tenant has caused an undue delay in the prosecution of such proceedings, or (b) Landlord has received written notice of a taxing authority’s intent to initiate foreclosure proceedings with respect to the Premises. When any such contested items shall have been paid or canceled, any sums so deposited to cover them and not applied by Landlord as aforesaid shall be repaid to Tenant. Landlord shall have a right to seek a reduction in the assessed valuation of the Premises assessed for tax purposes and or to prosecute contest any action taxes or proceeding theretofore commenced utility charges that are to be paid by Tenant; provided, if however, Tenant shall (i) give Landlord written notice of any such assessed valuation 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 valuations shall in whole the improvements thereon due to such contest, or in part relate lieu thereof, at Landlord’s election, furnish Landlord with adequate security for the amount of the Taxes due plus interest and pertain penalties; and (iv) in the event of a final determination adverse to Tenant, prior to enforcement, foreclosure or sale, pay the amount involved together with all penalties, fines, interest, costs, and expenses which may have accrued. Tenant may use any period of time subsequent means allowed by statute to the expiration protest Taxes or termination utility charges as defined in this Section 9 as long as Tenant remains current as to all other terms and conditions of this Lease. To If the extent protested Taxes have not been paid, then at Landlord’s request Tenant shall furnish to which 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 total amount of Taxes in dispute. The bond shall hold Landlord and the Premises harmless from any tax refund payable is a result damage arising out of the proceeding or contest and shall insure the payment 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 proceeding, judgment that may be based upon rendered. If Tenant seeks a payment made by anyone other than Landlordreduction or contests any Taxes or utility charges, Tenant shall be authorized to collect the same, subject, however, to failure on Tenant’s obligation part to reimburse Landlord forthwith for any expense incurred by Landlord in connection therewithpay the Taxes or utility charges shall not constitute a default as long as Tenant complies with the provisions of this Section.

Tenant's Right to Contest. If 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 desires to contest in good faith by appropriate proceedingsthe validity of any Real Property Taxes or any other taxes or assessments assessed against the Premises, it may do so on Landlord's behalf, at Tenant’s 's sole cost and expense, the amount or validity in whole or in part of any Imposition; and may defer payment thereof, provided that it shall indemnify Landlord against any loss, liability or damage on account thereof, excluding lost profits or other consequential damages. If Tenant is successful in said contest, any refund received pertaining to any taxes and assessments paid by 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 such item or items. Landlord may, upon ten (10) days prior written notice to Tenant, pay such contested item or items out of any sums so deposited in the event that (a) Tenant has caused an undue delay in the prosecution of such proceedings, or (b) Landlord has received written notice of a taxing authority’s intent to initiate foreclosure proceedings with respect to the Premises. When any such contested items shall have been paid or canceled, any sums so deposited to cover them and not applied by Landlord as aforesaid shall be repaid belong entirely to Tenant. Landlord shall have agrees to cooperate in a right reasonable manner with Tenant in such contest, including the execution of any documents of authorization reasonably necessary therefor. Should (i) Landlord at any time fail to seek a reduction in the valuation furnish to Tenant true and complete copies of the Premises assessed for tax purposes and to prosecute any action bills, tax assessment notices or proceeding theretofore commenced tax statements as required by Tenant, if such assessed valuation or valuations shall in whole or in part relate and pertain to any period of time subsequent this Article 6 at least thirty (30) days prior to the expiration date such taxes or termination assessments are due, and (ii) such failure results in (A) Tenant's inability to contest (including contest after payment under protest) any proposed new tax or tax increase, and (B) Tenant's obligation to pay Real Property Taxes in an amount which is more than the amount paid by Tenant as Real Property Taxes for the preceding tax year, and Tenant reasonably establishes that it would have prevailed in such tax contest had such tax bills, tax assessment notices or tax statements been delivered by such time deadline set forth hereinabove, then Tenant's obligation for Real Property Taxes for the tax year for which Tenant was not able to contest shall be limited to the greater of this Lease. To (1) the extent to which any amount paid for such purpose for the preceding tax refund payable is a result of any proceeding in the nature of certiorari which Landlord or Tenant may instituteyear, or payable by reason of compromise or settlement of any (2) the BIG 5 WAREHOUSE RIVERSIDE, CALIFORNIA amount Tenant reasonably xxxxxxxxxxx xxxxx xxxx xxxx xxxxxxx xxx Xxnant prevailed in such proceeding, may be based upon a payment made by anyone other than Landlord, Tenant shall be authorized to collect the same, subject, however, to Tenant’s obligation to reimburse Landlord forthwith for any expense incurred by Landlord in connection therewithtax contest.