Contesting Impositions. (i) Developer shall have the right to contest the amount or validity, in whole or in part, of any Public Charges, for which Developer is, or is claimed to be, liable, by appropriate proceedings diligently conducted. Upon the termination of any such proceedings, Developer shall pay the amount of such Public Charges or part thereof, if any, as finally determined in such proceedings, together with any costs, fees, including counsel fees, interest, penalties and any other liability in connection therewith. (ii) City shall not be required to join in any proceedings referred to in this Section 2.5(d) unless:
Appears in 2 contracts
Sources: Development Agreement and Ground Lease, Development Agreement and Ground Lease