Contest of Assessments Sample Clauses

Contest of Assessments. Trustor shall have the right before any delinquency occurs to contest or object to the amount or validity or amount of any such Imposition by appropriate legal proceedings, but this shall not be deemed or construed in any way as relieving, modifying or extending Trustor’s covenant to pay any such Imposition at the time and in the manner provided in this Section unless Trustor has given prior written notice to Beneficiary of Trustor’s intent so to contest or object to an Imposition, and unless, at Beneficiary’s sole option, (i) Trustor shall demonstrate to Beneficiary’s satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the Property, or any part thereof, to satisfy such Imposition prior to final determination of such proceedings; or (ii) Trustor shall furnish a good and sufficient bond or surety as requested by and satisfactory to Beneficiary; or (iii) Trustor shall demonstrate to Beneficiary’s satisfaction that Trustor has provided a good and sufficient undertaking as required or permitted by law to accomplish a stay of any such sale.
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Contest of Assessments. Mortgagor shall have the right before any delinquency occurs to contest or object to the amount or validity of any such Imposition by appropriate legal proceedings, but this shall not be deemed or construed in any way as relieving, modifying or extending Mortgagor's covenant to pay any such Imposition at the time and in the manner provided in this Section unless Mortgagor has given prior written notice to Mortgagee of Mortgagor's intent so to contest or object to an Imposition, and unless, at Mortgagee's sole option, (i) Mortgagor shall demonstrate to Mortgagee's satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the Property, or any part thereof, to satisfy such Imposition prior to final determination of such proceedings; or (ii) Mortgagor shall furnish a good and sufficient bond or surety as requested by and satisfactory to Mortgagee; or (iii) Mortgagor shall demonstrate to Mortgagee's satisfaction that Mortgagor has provided a good and sufficient undertaking as required or permitted by law to accomplish a stay of any such sale.
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Contest of Assessments. Mortgagor shall have the right to contest or object in good faith to the amount or validity of any such Imposition by appropriate proceedings, but this shall not be deemed or construed in any way as relieving, modifying or extending Mortgagor's covenant to pay any such Imposition at the time and in the manner provided in this SECTION 1.06 unless (I) with respect to any Imposition in excess of $100,000, Mortgagor has given prior written notice to Mortgagee, and (II) with respect to any Imposition (A) the proceedings operate to prevent the sale of the Mortgage Estate, or any part thereof, to satisfy such Imposition prior to final determination of such proceedings; or (B) Mortgagor furnishes a good and sufficient bond or surety satisfactory to Mortgagee; or (C) Mortgagor provides a good and sufficient undertaking as required or permitted by law to accomplish a stay of any such sale.
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Contest of Assessments. 24 (e) Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . 24
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Contest of Assessments. Tenant shall have the right, at its option, and at its sole expense (including, without limitation, the cost of any interest, charges or penalties assessed in connection with Tenant’s contest of the matter), to contest any assessment or reassessment or any special assessment, or any change in the tax rate, or the validity of any of the above, which pertain to the real estate taxes imposed on the Improvements or the Land or any amounts payable by Tenant pursuant to Section 8.02, so long as (i) Tenant promptly and diligently prosecutes such contest to completion and (ii) such contest will not subject Landlord to criminal prosecution or subject the Land and/or Improvements to any actual or threatened sale during the pendency thereof. In the tax proceedings, Tenant may act in its own name and/or the name of Landlord and Landlord will, at Tenant’s request and at Tenant’s cost, cooperate with Tenant in any way Tenant may reasonably require in connection with such contest. Landlord shall not itself prosecute any contest of any of the taxes or charges payable by Tenant pursuant to Section 8.02 without obtaining Tenant’s prior written consent, which consent may be withheld in Tenant’s sole and absolute discretion.
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Contest of Assessments. Lessee shall have such rights to contest the validity or amount of any real estate taxes as permitted to Lessor, or Lessee, by law, either in its own name or in the name of Lessor. Lessor shall cooperate with Lessee in any such contest and, in connection therewith, shall make available to Lessee such information in its files as Lessee may reasonably request. If any abatement, refund, or rebate shall be obtained, the expenses of obtaining the same shall be a first charge thereon.
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Related to Contest of Assessments

  • Review of assessment The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

  • Self-Assessment (a) Subject to clause 4.4(b), for Services that are Self-Assessable:

  • Environmental Assessments Foreclose on or take a deed or title to any commercial real estate without first conducting a Phase I environmental assessment of the property or foreclose on any commercial real estate if such environmental assessment indicates the presence of a Hazardous Substance in amounts which, if such foreclosure were to occur, would be material.

  • Assessments There are no pending or, to Borrower’s knowledge, proposed special or other assessments for public improvements or otherwise affecting any Individual Property, nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments.

  • UNION DUES AND ASSESSMENTS (a) The Employer shall, as a condition of employment, deduct from the wages or salary of each employee in the bargaining unit, whether or not the employee is a member of the Union, the amount of the regular dues payable to the Union by a member of the Union.

  • Taxes and Assessments; Tax Indemnity The Company shall (a) file all tax returns and appropriate schedules thereto that are required to be filed under applicable law, prior to the date of delinquency, (b) pay and discharge all taxes, assessments and governmental charges or levies imposed upon the Company, upon its income and profits or upon any properties belonging to it, prior to the date on which penalties attach thereto, and (c) pay all taxes, assessments and governmental charges or levies that, if unpaid, might become a lien or charge upon any of its properties; provided, however, that the Company in good faith may contest any such tax, assessment, governmental charge or levy described in the foregoing clauses (b) and (c) so long as appropriate reserves are maintained with respect thereto.

  • Lodgement of Assessment Instrument (a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Australian Pay and Classification Scale to be paid to the employee, will be lodged by the Employer with the Registrar of the Australian Industrial Relations Commission.

  • Indemnification for Costs, Charges and Expenses of Successful Party Notwithstanding any limitations of Sections 3(c), 4 and 5 above, to the extent that the Indemnitee has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding, or in defense of any claim, issue, or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined, by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal, that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

  • Notice of Asserted Liability Promptly after receipt by any party hereto (the "Indemnitee") of notice of any demand, claim or circumstances which, with the lapse of time, would or might give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "Asserted Liability") that may result in a Loss, the Indemnitee shall give notice thereof (the "Claims Notice") to any other party (or parties) obligated to provide indemnification pursuant to Section 9.01 or 9.02 (the "Indemnifying Party"). The Claims Notice shall describe the Asserted Liability in reasonable detail, and shall indicate the amount (estimated, if necessary and to the extent feasible) of the Loss that has been or may be suffered by the Indemnitee.

  • Taxes and Assessments As of the date of origination and, to the Mortgage Loan Seller’s knowledge, as of the Cut-off Date, all taxes, governmental assessments and other outstanding governmental charges (including, without limitation, water and sewage charges) due with respect to the Mortgaged Property (excluding any related personal property) securing a Mortgage Loan that is or could become a lien on the related Mortgaged Property that became due and owing prior to the Cut-off Date with respect to each related Mortgaged Property have been paid, or, if the appropriate amount of such taxes or charges is being appealed or is otherwise in dispute, the unpaid taxes or charges are covered by an escrow of funds or other security sufficient to pay such tax or charge and reasonably estimated interest and penalties, if any, thereon. For purposes of this representation and warranty, any such taxes, assessments and other charges shall not be considered due and payable until the date on which interest and/or penalties would be payable thereon.

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