Common use of Tenant’s Right to Seek Abatement Clause in Contracts

Tenant’s Right to Seek Abatement. If Tenant occupies more than fifty-one (51%) percent of the rentable area of the Building or if the Leased Premises is separately assessed for real estate taxes, then Tenant shall have the right, upon prior written notice to Landlord, to seek a reduction in the valuation of the Leased Premises assessed 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 or of the method by which any Imposition is calculated, assessed or imposed; and may defer payment thereof if allowed by law, provided that (i) Tenant shall provide Landlord with security reasonably satisfactory to Landlord to assure payment of contested items; and (ii) Tenant shall immediately pay such contested item or items if the protection of the Leased Premises or of the Landlord’s interest therein from any lien or claim shall, in the reasonable judgment of Landlord, require such payment.