Xxxxxx's Right to Contest. Tenant may, at no cost to Landlord, reasonably contest the legal validity or amount of any taxes, assessments, or charges for which Tenant is responsible under this Lease, and institute such proceedings as Tenant considers necessary; provided, however, that Tenant shall at all times protect Landlord from foreclosure of any lien, and that Landlord shall not be required to join in any proceeding or contest brought by Tenant.
Xxxxxx's Right to Contest. Lessee may contest the legal validity or amount of any Imposition for which Lessee is responsible under this Lease, provided (i) Lessee first pays any disputed Imposition, if required to do so by applicable law, or (ii) in any other case, Lessee first deposits with the Lessor a sum of money equal to the amount of the applicable Imposition, with estimated interest thereon (as reasonably calculated by Lessor) and all costs that may be imposed upon Lessor or the Premises. Such amount shall be held by Lessor, without interest, as an indemnity to pay such Imposition upon conclusion of the contest.
Xxxxxx's Right to Contest. If Lessee disputes any amount or validity of any liens, taxes, assessments, or charges upon the Schwabacher Property or the Improvements, Lessee may contest and defend against the same at its cost, and in good faith diligently conduct any necessary proceedings in connection therewith to prevent and avoid the same; provided, however, that such contest shall be prosecuted to a final conclusion as speedily as possible. Xxxxxx agrees to render to Lessee all reasonable assistance, at no expense to Lessor, in contesting the validity or amount of any such liens, taxes, assessments or charges, including joining in the signing of any protests or pleadings which Xxxxxx may deem advisable to file. During any such contest, Lessee shall (by the payment or bonding of such liens, disputed taxes, assessments or charges, if necessary) prevent any advertisement of tax sale, any foreclosure of, or any divesting thereby of Lessor's title, reversion or other interest in or to the Schwabacher Property.
Xxxxxx's Right to Contest. Notwithstanding the foregoing, Lessee shall have the right to contest by appropriate legal proceedings the order or directive of any Governmental Authority requiring Remediation at the Premises under any Environmental Laws; provided, however, that this right shall not be deemed or construed in any way to relieve, modify or extend Lessee's obligations under this Article 15 unless (x) the legal proceedings shall operate to prevent (i) the sale of the Premises or any part thereof or (ii) any Governmental Authority from commencing such Remediation, and (y) if required by Lessor's Beneficiary, Lessee shall at all times while such proceedings are pending, keep on deposit with Lessor's Beneficiary, or such other Person as Lessor's Beneficiary may direct in writing or as may be provided by law, as security for the payment of all costs and expenses related to Remediation, Security in an amount at least equal to one hundred ten percent (110%) of the sum of the cost, as reasonably estimated by Xxxxxx's Beneficiary, for such Remediation; and provided, further, that the failure of Lessee immediately to commence such Remediation will not, in Lessor's Beneficiary's reasonable discretion, result in an imminent risk of further contamination by Hazardous Substances of the Premises, the Project, any other properties, human health or the environment.
Xxxxxx's Right to Contest. If Lessee disputes any amount or validity of any liens, taxes, assessments, or charges upon the 000 X. Xxxx Street Property or the Improvements located thereon, Lessee may contest and defend against the same at its cost, and in good faith diligently conduct any necessary proceedings in connection therewith to prevent and avoid the same; provided, however, that such contest shall be prosecuted to a final conclusion as speedily as possible. Xxxxxx agrees to render to Lessee all reasonable assistance, at no expense to Lessor, in contesting the validity or amount of any such liens, taxes, assessments or charges, including joining in the signing of any protests or pleadings which Xxxxxx may deem advisable to file. During any such contest, Lessee shall (by the payment or bonding of such liens, disputed taxes, assessments or charges, if necessary) prevent any advertisement of tax sale, any foreclosure of, or any divesting thereby of Lessor’s title, reversion or other interest in or to the 174 X. Xxxx Street Property.
Xxxxxx's Right to Contest. Lessee may contest the legal validity or amount of any Taxes or Impositions for which Xxxxxx is responsible under this Lease, and may institute such proceedings as Lessee considers necessary. If Lessee contests any such Tax or Impositions, Lessee, to the extent permitted by applicable law, may withhold or defer payment or pay under protest; provided, however, that in no event shall Lessee permit the Premises, the Parking Tract, the Improvements or Lessee's leasehold estate to be forfeited to the taxing authority. Prior to the date any contested Taxes or Imposition shall become due, Lessee shall advise Lessor in writing that Xxxxxx intends to contest the same. Lessee shall, immediately upon the request of Lessor and then only if Lessee is not required to deposit the same pursuant to the terms of any then outstanding Mortgage (hereinafter defined), deposit with Lessor or, at the election of Lessee, a bank or trust company having its principal place of business in Texas, selected by Lessee and reasonably satisfactory to Lessor, an amount sufficient to pay such contested item, together with any interest and penalties thereon and the estimated fees and expenses of the trustee holding such funds, which amount shall be applied to the payment of such Taxes or Impositions when the amount thereof shall be finally determined. Lessee shall provide Lessor notice if Lessee is obligated to make such deposit pursuant to the terms of any outstanding Mortgage and shall provide reasonable evidence that such deposit has been made when required. In lieu of such cash deposit, Lessee may deliver to Lessor a surety company bond in form and substance and issued by a company satisfactory to Lessor, or other security reasonably satisfactory to Lessor. Lessor may pay directly to the taxing authority or direct the application of amounts so deposited or so much thereof as may be required to pay any unpaid Taxes or Impositions, together with penalties and interest thereon, for the benefit of Lessee if Lessee is not in good faith pursuing a protest of such Taxes or Impositions or to prevent the sale of the Premises, the Parking Tract, the Improvements, or Xxxxxx's leasehold estate by applicable taxing authorities as a consequence of Xxxxxx's failure to pay Taxes accruing during the Term. Notwithstanding the foregoing, if Lessee is required by the taxing authority to post sufficient bond or indemnity with the taxing authority to pay such Taxes or Impositions, then Lessee shall not be requ...
Xxxxxx's Right to Contest. Only the Landlord shall be entitled to contest the municipal evaluation of the Building. The Tenant shall in no way be entitled to oblige the Landlord to take any such measures.
Xxxxxx's Right to Contest. If Lessee disputes any amount or validity of any liens, taxes, assessments, or charges upon the Land or the Improvements, Lessee may contest and defend against the same at its cost, and in good faith diligently conduct any necessary proceedings in connection therewith to prevent and avoid the same; provided, however, that such contest shall be prosecuted to a final conclusion as speedily as possible. Xxxxxx agrees to render to Lessee all reasonable assistance, at no expense to Lessor, in contesting the validity or amount of any such liens, taxes, assessments or charges, including joining in the signing of any protests or pleadings which Xxxxxx may deem advisable to file; provided, however, that to the extent the Lessor is a party whose action is being contested, the Lessor's assistance shall be at the discretion of the Lessor. During any such contest, Lessee shall (by the payment or bonding of such liens, disputed taxes, assessments or charges, if necessary) prevent any advertisement of tax sale, any foreclosure of, or any divesting thereby of Xxxxxx's title, reversion or other interest in or to the Land.
