Common use of Notice of Contest Clause in Contracts

Notice of Contest. If a written claim for payment is made by any taxing authority against a Tax Indemnitee for any Taxes with respect to which the Facility Lessee may be liable for indemnity hereunder (a "Tax Claim"), such Tax Indemnitee shall give the Facility Lessee written notice of such Tax Claim promptly after its receipt, and shall furnish the Facility Lessee with copies of such Tax Claim and all other writings received from the taxing authority to the extent relating to such claim; provided that failure to so notify the Facility Lessee shall not relieve the Facility Lessee of any obligation to indemnify the Tax Indemnitee hereunder except to the extent that such failure effectively precludes the ability to conduct a contest hereunder (and without limiting any damage claim or remedy the Facility Lessee may otherwise have for such failure).

Appears in 12 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

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Notice of Contest. If a written claim for payment is made by any taxing authority against a Tax Indemnitee for any Taxes with respect to which the Facility Lessee may be liable for indemnity hereunder (a "Tax Claim"), such Tax Indemnitee shall give the Facility Lessee written notice of such Tax Claim promptly after its receipt, and shall furnish the Facility Lessee with copies of such Tax Claim and all other writings received from the taxing authority to the extent relating to such claim; , provided that failure so to so notify the Facility Lessee shall not relieve the Facility -------- Lessee of any obligation to indemnify the Tax Indemnitee hereunder except to the extent that such failure effectively precludes the ability to conduct a contest hereunder (and without limiting any damage claim hereunder. The Tax Indemnitee shall not pay such Tax Claim until at least 30 days after providing the Lessee with such written notice, unless required to do so by law or remedy the Facility Lessee may otherwise have for such failure)regulation.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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Notice of Contest. If a written claim for payment is made by any taxing authority against a Tax Indemnitee for any Taxes with respect to which the Facility Lessee may be liable for indemnity hereunder (a "Tax Claim"), such Tax Indemnitee shall give the Facility Lessee written notice of such Tax Claim promptly after its receipt, and shall furnish the Facility Lessee with copies of such Tax Claim and all other writings received from the taxing authority to the extent relating to such claim; , provided that failure so to so notify the Facility Lessee shall not relieve -------- the Facility Lessee of any obligation to indemnify the Tax Indemnitee hereunder except to the extent that such failure effectively precludes the ability to conduct a contest hereunder (and without limiting any damage claim hereunder. The Tax Indemnitee shall not pay such Tax Claim until at least 30 days after providing the Lessee with such written notice, unless required to do so by law or remedy the Facility Lessee may otherwise have for such failure)regulation.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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