Contesting Taxes. Tenant acknowledges that Landlord has retained Xxxxxx, Xxxxxxxx & Xxxxxx PC as its counsel to contest the real estate tax assessment of the Premises for the 2019-2021 tax years. Commencing with 2022 tax year, Landlord shall have no obligation to contest real estate taxes assessments and Tenant, at its sole cost and expense, shall have the right to contest all real estate tax assessments by legal proceedings or in such other manner as it may deem reasonably suitable (which, if instituted, Tenant or its designees shall conduct promptly at its own cost and expense, and free of any expense to Landlord, and, if necessary, in the name of and with the reasonable cooperation of Landlord), provided in no event shall Tenant have the right to withhold payment of Taxes. Landlord shall execute and deliver to Tenant whatever documents reasonably requested by Tenant that may be necessary for Tenant to contest the real estate tax assessments, or which may be reasonably necessary to secure payment of any refund which may result from such proceedings, provided such documents shall not impose any expense or liability upon Landlord. Landlord covenants and agrees that if there shall be any refunds or rebates on account of the Taxes paid by Tenant under the provisions of this Lease, such refund or rebate shall belong to Tenant and in such event (i)any such refunds received by Landlord shall be deemed trust funds and as such are to be received by Landlord in trust and paid to Tenant forthwith, and (ii) Landlord shall, upon the request of Tenant, sign any receipts which may be necessary to secure the payment of any refund or rebate, and will pay over to Tenant such refund or rebate as received by Landlord.
Contesting Taxes. Tenant and Landlord shall cooperate in good faith with one another to contest or review in good faith by legal proceedings, as permitted under applicable law, any assessed valuation, real estate tax, or assessment with respect to the Premises; provided that, unless either party has paid such tax or assessment under protest, Tenant shall furnish to Landlord proof reasonably satisfactory to Landlord that such protest or contest may be maintained without payment under protest. If requested by Tenant, Landlord shall join in any proceeding for contest or review of such taxes or assessments, but the entire cost of the proceedings shall be paid by Tenant. Notwithstanding the foregoing, if the Premises are included in a tax parcel with ot he r land owned or leased by Landlord, then if requested by Landlord, Tenant shall join in any proceeding for contesting such taxes or assessments and the entire costs of the proceedings shall be allocated between Landlord and Tenant in the same percentages as the taxes as described in Section 3.2(a).
Contesting Taxes. .1 Tenant may, at its expense, appeal or contest the taxes, assessments and other amounts payable as described in section 6.2 but such appeal or contest shall be limited to the assessment of the Premises alone and not to any other part of the Building or the Lands and provided Tenant first gives Landlord Notice of its intention to do so, and consults with Landlord, and provides such security as Landlord requires and obtains Landlord’s prior written approval.
Contesting Taxes. LANDLORD agrees to use its reasonable and affirmative best efforts to contest any tax, fee or assessment wholly or partially paid or reimbursed by TENANT to the same extent as LANDLORD would contest the same if LANDLORD had paid the tax, fee or assessment itself without reimbursement. LANDLORD shall reimburse TENANT for TENANT Proportionate Share of any and all amounts recovered by LANDLORD as a result of such contest.
Contesting Taxes. If Landlord contests any Taxes levied or assessed during the Term, Tenant shall pay to Landlord that portion of all costs incurred by Landlord in connection with such contest, pursuant to the formula set forth in Section 9.1(c) for the allocation of Taxes. If Landlord receives a refund pursuant to its contest of any Taxes, then, provided Tenant has paid its share of the total Taxes and its share of the costs incurred by Landlord in connection with such contest as required by this Article 9, Landlord shall reimburse Tenant that portion of the total refund prorated in the same manner as set forth in Section 9.1(c).
Contesting Taxes. If Lessee in good faith desires to contest the validity or the amount of any Tax, Lessee will be permitted to do so by giving to Landlord written notice thereof before commencement of such contest. Landlord will, at Lessee’s expense (including reimbursement of attorney fees reasonably incurred by Landlord), cooperate with Lessee in any such contest to the extent that Lessee may reasonably request, but Landlord will not be subject to any liability for the Payment of any costs or expenses in connection with any proceeding brought by Lessee, and Lessee will indemnify, defend (subject to ORS chapter 180), save, and hold Landlord harmless from any such costs or expenses. Any rebates on account of the Taxes required to be paid and paid by Lessee under the provisions of this Lease will belong to Lessee.
Contesting Taxes. Tenant shall have the right to contest any Taxes, at its own cost and in its own name; provided, however, that Tenant shall take such steps as may be required to perfect the contest, including payment of the Taxes under protest prior to an appeal of adverse determination of the contest, provided, further, that in no event shall Tenant protest its possessory interest tax so that the assessed value with respect to Tenant’s interest in the Premises is less than the assessed value imposed by the County Tax Assessor in the fiscal year following the fiscal year in which the Project Improvements are completed. Upon final determination of any such contest (and if the Taxes have not already been paid under protest), Tenant shall pay the Taxes for which it is responsible hereunder as they are finally determined and all penalties, interest, costs, and expenses which may thereupon be due or have resulted therefrom. If Tenant contests any Taxes and such contest interferes with any proposed sale, financing or refinancing affecting the Premises, which Landlord has either commenced or is about to commence, upon Landlord’s written request, Tenant shall either furnish to Landlord security in the amount of such contested Taxes, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount.
Contesting Taxes. If lessee shall in good faith desire to contest the validity or amount of any tax, assessment, levy, or other governmental charge herein agreed to be paid by lessee, lessee shall be permitted to do so, and to defer the payment of such tax or charge, the validity or amount of which lessee is so contesting, until final determination of the contest, on giving to lessor written notice thereof prior to the commencement of any such contest, which shall be at least. thirty (30) days prior to delinquency, and on protecting lessor on demand by a good and sufficient surety bond against any such tax, levy, assessment, rate, or governmental charge, and from any costs, liability, or damage arising out of any such contest.
Contesting Taxes. Tenant shall have the right to contest or review by legal proceedings, as permitted under applicable law, any assessed valuation, real estate tax, or assessment; provided that, unless Tenant has paid such tax or assessment under protest, Tenant shall furnish to Landlord (a) proof reasonably satisfactory to Landlord that such protest or contest may be maintained without payment under protest, and (b) a surety bond or other security reasonably satisfactory to Landlord securing the payment of such contested item or items and all interest, penalty and cost in connection therewith upon the final determination of such contest or review. Landlord shall, if it determines it is reasonable to do so, and if so requested by Tenant, join in any proceeding for contest or review of such taxes or assessments, but the entire cost of such joinder in the proceedings (including all costs, expenses, and reasonable attorneys’ fees reasonably sustained by Landlord in connection therewith) shall be borne by Tenant. Any amount already paid by Tenant and subsequently recovered as the result of such contest or review shall be for the account of Tenant. 3.3.5.
Contesting Taxes. If Landlord elects to contest (either formally or informally through negotiations) any Taxes levied or assessed against the Project during the Term, Tenant shall not be required to pay any portion of the costs or expenses incurred by Landlord in connection with such contest. However, if Landlord is successful in such contest (whether by settlement or otherwise), Landlord may deduct from the portion of any refund received which is payable to Tenant, Tenant's proportionate share of the costs and expenses incurred by Landlord in connection with such contest, determined pursuant to the formula set forth in Section 7.1(c) for the allocation of Taxes. Landlord shall pay to Tenant that portion of the total refund remaining, if any, which is attributable to Tenant's proportionate share of Taxes prorated in the same manner as set forth in Section 7.1(c).If Landlord contests any Taxes levied or assessed during the Term, Tenant shall not be required to pay any portion of the costs or expenses incurred by Landlord in connection with such contest; however, if Landlord is successful in such contest, Landlord may deduct from the portion of any refund received which is payable to Tenant, Tenant's proportionate share of all such costs and expenses determined pursuant to the formula set forth in Section 7.1(c) for the allocation of Taxes. Landlord shall pay to Tenant that portion of the total refund remaining, if any, which is attributable to Tenant's proportionate share of Taxes prorated in the same manner as set forth in Section 7.1(c). For the purpose of this Section, the fees, costs and expenses associated with any contest shall be considered in determining the success of such contest.
