Certiorari Sample Clauses
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Certiorari. Schedule 2.8 of the Disclosure Schedule identifies all proceedings for certiorari or other proceedings to determine the assessed value of the Properties or the real property taxes payable with respect to the Properties which have been or may be commenced prior to the Closing Date hereof and may be continuing as of the Closing Date. Purchaser will be entitled to control the prosecution of any proceeding or proceedings for the years prior to and including the year in which the Closing occurs to completion and to settle or compromise any claim therein. Purchaser will keep Seller informed on a timely basis on all matters with respect to any proceedings and seek Seller's reasonable consent and approval to the extent required in this Section 2.8. The parties hereto agree to cooperate with each other and to execute any and all documents reasonably requested by the other party in furtherance of the foregoing. With respect to any awards for the years prior to the year of the Closing, Purchaser will be entitled to first recover the reasonable costs it has expended in obtaining any awards and thereafter, Seller will be entitled to the remainder of the awards, subject to Seller's obligation to rebate any portion of those amounts to Tenants. With respect to any awards for the year in which the Closing occurs, Purchaser will be entitled to first recover the reasonable costs it has expended in obtaining any awards and Seller shall then be entitled to recover the reasonable costs it has expended in obtaining any awards, and thereafter, Seller and Purchaser will apportion the remainder of any awards between the period before the Closing and the period following the Closing, subject to their obligation to rebate any portion of those amounts to Tenants. In connection with the foregoing, Seller agrees to assign, subject to the provisions of this Section 2.8, to Purchaser at the Closing all of Seller's right, title and interest to the foregoing certiorari proceedings that are for the year in which the Closing occurs and all refunds relating thereto and cooperate with Purchaser with respect thereto. Purchaser will promptly remit to Seller any monies received which are to be paid to and/or shared by Seller as provided herein. Purchaser will not settle or compromise any proceeding that involves a tax year prior to and including the year in which the Closing occurs, without the consent of Seller, such consent not to be unreasonably withheld, delayed or conditioned. The provisions ...
Certiorari. Any petition for a writ of certiorari seeking review by the Supreme Court of the United States of a judgment or order by the Court of Appeals under this subsection shall be filed within 10 days after the entry of judgment or order. Any opposition shall be filed within 10 days after filing of the petition. The Supreme Court shall advance any such petition on its docket and expedite its consideration of the petition to the greatest extent possible, with a view to acting on the petition within 30 days after it is filed if practicable. In the event the petition is granted, the Supreme Court shall expedite consideration to the greatest extent possible, with a view to issuing an order within 70 days of the grant of the writ of certiorari if practicable.
Certiorari. The legal proceedings referred to in Section 4.06 shall include appropriate certiorari proceedings and appeals from orders therein and appeals from any judgements, decrees or orders. In the event of any reduction, cancellation or discharge, Tenant shall pay the amount finally levied or assessed against the Improvements or adjudicated to be due and payable on any such contested Taxes.
Certiorari a. Seller represents and Purchaser acknowledges that there is currently a certiorari proceeding pending for the reduction of the assessed valuation of the Property and Seller instituted said proceeding. If there is a proceeding pending, Seller may not settle such proceedings without Purchaser's written consent, which shall not be unreasonably withheld. If there is not a proceeding pending, Seller, at Purchaser's request and expense, shall institute a tax reduction proceeding for the year in which the Closing Date occurs.
b. The provisions of this Paragraph 10 shall survive the Closing Date.
Certiorari. If any certiorari or other proceedings for the ---------- reduction of real estate taxes are pending at the Closing Date, Partnership shall take over the prosecution of such action with counsel of Partnership's choice; provided, however, that Partnership will not settle or compromise such -------- ------- pending action other than for immediate payment without Contributor's prior written consent. Any tax refund resulting from such proceeding, net of Contributor's and Partnership's costs of prosecuting the same, and after deducting any refunds required to be made to tenants pursuant to Leases, shall be apportioned between Contributor and Partnership in the same proportion that real estate taxes for such tax year are apportioned.
Certiorari. Seller shall retain sole and absolute interest in proceedings against The City New York and its agencies, including, but not limited to, the New York City Department of Finance, New York City Tax Commission and New York City Law Department, which relate to the protest or appeal of the assessment of real property for tax years prior to the tax year in which the Closing occurs. As such, seller shall have sole interest in and sole authority to settle, pursue or initiate any proceedings for tax years commencing prior to the sale of the property. Said authority shall survive the sale of the property.
Certiorari. 12.01 All certiorari proceedings, if any, pending on the Closing Date or which may be brought by Seller after the Closing Date, with respect to the reduction of the tax assessment for fiscal tax year 1996 and earlier, may, at Seller's election be continued or brought by Seller. Seller shall have the right to make any settlement for fiscal tax years prior to 1997 thereof, without Purchaser's approval and Seller shall be entitled to retain all savings and refunds obtained therefrom. Any certiorari for fiscal tax year 1997 may be brought by either Seller or Purchaser but only (as to Seller) with the approval of Purchaser and any settlement for fiscal tax year 1997 shall require Purchaser's approval, which shall not be unreasonably withheld or delayed. Purchaser and Seller agree to fully cooperate with the other in any such certiorari proceedings.
12.02 The net amount of any reduction, if any, in the 1997 real estate taxes, whether by way of refund, credit or other savings, shall be apportioned between Seller and Purchaser pursuant to Article 8 hereof, after the payment of attorneys' fees, reasonable experts' fees and other disbursements and expenses reasonably incurred by Seller and Purchaser in connection with obtaining same. Any amounts due Tenant pursuant to the Leases as a result of any such reduction shall be apportioned between Purchaser and Seller as proceeds in Article 8 hereof. Seller shall be responsible for all Tenant refunds due Tenants as a result of any reduction for fiscal tax year 1996 or earlier.
12.03 The provisions of this Article 12 shall survive the Closing.
Certiorari. 13.1. Seller represents that there are no pending certiorari proceedings with respect to all or a portion of the Property. Between the date of this Agreement and the Closing, Seller may bring, with Purchaser's approval not to be unreasonably withheld, all certiorari proceedings with respect to the reduction of the tax assessment for calendar year 1996 and earlier. Seller shall have the right to make any settlement for calendar years prior to 1997, provided such settlement does not prejudice Purchaser, without Purchaser's approval and Seller shall be entitled to retain all savings and refunds obtained therefrom. Any settlement for calendar year 1997 shall require Purchaser's approval, which shall not be unreasonably withheld or delayed. Purchaser agrees to fully cooperate with Seller in any such certiorari proceedings.
13.2. The net amount of any reduction, if any, for real estate taxes for the current tax year, whether by way of refund, credit or other savings, shall be apportioned between Seller and Purchaser pursuant to Article 7 hereof, after the payment of attorneys' fees, reasonable experts' fees and other disbursements and expenses reasonably incurred by Seller and Purchaser in connection with obtaining same. Any amounts due Tenant pursuant Leases as a result of any such reduction shall be apportioned between Purchaser and Seller as proceeds in Article 7 hereof.
13.3. The provisions of this Article 13 shall survive the Closing.