Common use of Payment of Taxes and Other Impositions Clause in Contracts

Payment of Taxes and Other Impositions. b) Except as permitted by Section 7.12 of the Credit Agreement, promptly when due or prior to the date on which any fine, penalty, interest or cost may be added thereto or imposed, Mortgagor shall pay and discharge all real property taxes and assessments of every kind and nature, all charges for any easement or agreement maintained for the benefit of any of the Mortgaged Property, all general and special real property assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, vault taxes, and all other public charges even if unforeseen or extraordinary, imposed upon or assessed against or which may become a lien on any of the Mortgaged Property, or arising in respect of the occupancy, use or possession thereof, together with any penalties or interest on any of the foregoing (all of the foregoing are collectively referred to as “Impositions”). If there is an Event of Default which is continuing, Mortgagor shall within thirty (30) days after each due date deliver to Mortgagee (i) original or copies of receipted bills and cancelled checks evidencing payment of such Imposition if it is a real estate tax or other public charge and (ii) evidence reasonably acceptable to Mortgagee showing the payment of any other such Imposition. If by law any Imposition, at Mortgagor’s option, may be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Mortgagor may elect to pay such Imposition in such installments and shall be responsible for the payment of such installments with interest, if any. • If the Mortgagor has failed to pay an Imposition within thirty (30) days of when it is due, Mortgagee with notice to Mortgagor may pay any such Imposition at any time thereafter. Any sums paid by Mortgagee in discharge of any Impositions shall be payable on demand by Mortgagor to Mortgagee and the amount so paid shall be added to the Obligations. Any sums paid by Mortgagee in discharge of any Impositions shall be (i) a lien on the Mortgaged Property secured hereby prior to any right or title to, interest in, or claim upon the Mortgaged Property subordinate to the lien of this Mortgage, and (ii) payable on demand by Mortgagor to Mortgagee together with interest at the Default Rate. • Mortgagor shall have the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Imposition by appropriate legal proceedings, but such right shall not be deemed or construed with respect to any material Imposition, in any way as relieving, modifying, or extending Mortgagor’s covenant to pay any such material Imposition at the time and in the manner provided in this Section unless (i) Mortgagor has given prior written notice to Mortgagee of Mortgagor’s intent so to contest or object to a material Imposition, and (ii) Mortgagor shall either (x) furnish a good and sufficient bond or surety as requested by and reasonably satisfactory to Mortgagee or (y) maintain adequate reserves in conformity with GAAP on Mortgagor’s books, in each case in the amount of the material Imposition which is being contested plus any interest and penalty which may be imposed thereon and which could become a lien against the Real Estate or any part of the Mortgaged Property.

Payment of Taxes and Other Impositions. b) Except 4.1 This Lease is and shall be construed as permitted by Section 7.12 of the Credit Agreement, promptly when due or prior to the date on which any fine, penalty, interest or cost may be added thereto or imposed, Mortgagor a “net-net” Lease and Landlord shall pay and discharge receive all real property taxes and assessments of every kind and nature, all charges for any easement or agreement maintained for the benefit of any of the Mortgaged Property, all general and special real property assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, vault taxes, and all other public charges even if unforeseen payments to be made by Tenant under the terms of this Lease free from any charges, assessments, impositions, expenses or deductions of any nature whatsoever levied during the term hereof. Tenant shall pay, as additional rent, all real estate taxes, special assessments or other ad valorem taxes, water charges, and other governmental charges, general and special, ordinary and extraordinary, imposed upon of any kind and nature whatsoever levied or assessed against or upon the Leased Land or upon the Building or any other improvements on the Leased Land, or any of them during the term of this Lease. Real estate taxes for 1975 and 1976 (payable in 1976 and 1977 respectively), and the last year of the term, shall be prorated between Landlord and Tenant on the basis of the actual tax bxxx for such year when issued and the period of time prior to the commencement of the term or, in the case of the end of the term, the period of time after the end of the term. Tenant shall pay all such taxes or other impositions before the same become delinquent or before any penalty attaches for non-payment thereof. Landlord agrees to file for a tax division if necessary, to divide the Leased Land from other property which may become be included in a lien on any of the Mortgaged Propertytax bxxx. Prior to such division, or arising in respect of the occupancyevent for any reason such division is not accomplished, use or possession thereof, together with any penalties or interest the taxes shall be equitably adjusted between the Leased Land and such other property based on any of the foregoing (respective fair market values thereof and Landlord agrees to pay all of taxes for such other property before the foregoing are collectively referred to as “Impositions”)same become delinquent. If there is an Event of Default which is continuing, Mortgagor shall within thirty (30) days after each due date deliver to Mortgagee (i) original or copies of receipted bills and cancelled checks evidencing payment of such Imposition if it is a real estate tax or other public charge and (ii) evidence reasonably acceptable to Mortgagee showing the payment of any other such Imposition. If by law any Imposition, at Mortgagor’s option, may be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Mortgagor may elect Landlord fails to pay such Imposition in taxes on such installments and shall be responsible for the payment of such installments with interestother land, if any. • If the Mortgagor has failed to pay an Imposition within thirty (30) days of when it is due, Mortgagee with notice to Mortgagor Tenant may pay any such Imposition at any time thereafter. Any sums paid by Mortgagee in discharge of any Impositions shall be payable on demand by Mortgagor to Mortgagee them and deduct the amount so paid shall be added from rent due to the Obligations. Any sums paid by Mortgagee in discharge of any Impositions shall be (i) a lien on the Mortgaged Property secured hereby prior to any right or title to, interest in, or claim upon the Mortgaged Property subordinate to the lien of this Mortgage, and (ii) payable on demand by Mortgagor to Mortgagee together with interest at the Default Rate. • Mortgagor shall have the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Imposition by appropriate legal proceedings, but such right shall not be deemed or construed with respect to any material Imposition, in any way as relieving, modifying, or extending Mortgagor’s covenant to pay any such material Imposition at the time and in the manner provided in this Section unless (i) Mortgagor has given prior written notice to Mortgagee of Mortgagor’s intent so to contest or object to a material Imposition, and (ii) Mortgagor shall either (x) furnish a good and sufficient bond or surety as requested by and reasonably satisfactory to Mortgagee or (y) maintain adequate reserves in conformity with GAAP on Mortgagor’s books, in each case in the amount of the material Imposition which is being contested plus any interest and penalty which may be imposed thereon and which could become a lien against the Real Estate or any part of the Mortgaged PropertyLandlord.

Payment of Taxes and Other Impositions. b) Except 4.1 This Lease is and shall be construed as permitted by Section 7.12 of the Credit Agreement, promptly when due or prior to the date on which any fine, penalty, interest or cost may be added thereto or imposed, Mortgagor a "net-net" Lease and Landlord shall pay and discharge receive all real property taxes and assessments of every kind and nature, all charges for any easement or agreement maintained for the benefit of any of the Mortgaged Property, all general and special real property assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, vault taxes, and all other public charges even if unforeseen payments to be made by Tenant under the terms of this Lease free from any charges, assessments, impositions, expenses or deductions of any nature whatsoever levied during the term hereof. Tenant shall pay, as additional rent, all real estate taxes, special assessments or other ad valorem taxes, water charges, and other governmental charges, general and special, ordinary and extraordinary, imposed upon of any kind and nature whatsoever levied or assessed against or upon the Leased Land or upon the Building or any other improvements on the Leased Land, or any of them during the term of this Lease. Real estate taxes for 1975 and 1976 (payable in 1976 and 1977 respectively), and the last year of the term, shall be prorated between Landlord and Tenant on the basis of the actual tax xxxx for such year when issued and the period of time prior to the commencement of the term or, in the case of the end of the term, the period of time after the end of the term. Tenant shall pay all such taxes or other impositions before the same become delinquent or before any penalty attaches for non-payment thereof. Landlord agrees to file for a tax division if necessary, to divide the Leased Land from other property which may become be included in a lien on any of the Mortgaged Propertytax xxxx. Prior to such division, or arising in respect of the occupancyevent for any reason such division is not accomplished, use or possession thereof, together with any penalties or interest the taxes shall be equitably adjusted between the Leased Land and such other property based on any of the foregoing (respective fair market values thereof and Landlord agrees to pay all of taxes for such other property before the foregoing are collectively referred to as “Impositions”)same become delinquent. If there is an Event of Default which is continuing, Mortgagor shall within thirty (30) days after each due date deliver to Mortgagee (i) original or copies of receipted bills and cancelled checks evidencing payment of such Imposition if it is a real estate tax or other public charge and (ii) evidence reasonably acceptable to Mortgagee showing the payment of any other such Imposition. If by law any Imposition, at Mortgagor’s option, may be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Mortgagor may elect Landlord fails to pay such Imposition in taxes on such installments and shall be responsible for the payment of such installments with interestother land, if any. • If the Mortgagor has failed to pay an Imposition within thirty (30) days of when it is due, Mortgagee with notice to Mortgagor Tenant may pay any such Imposition at any time thereafter. Any sums paid by Mortgagee in discharge of any Impositions shall be payable on demand by Mortgagor to Mortgagee them and deduct the amount so paid shall be added from rent due to the Obligations. Any sums paid by Mortgagee in discharge of any Impositions shall be (i) a lien on the Mortgaged Property secured hereby prior to any right or title to, interest in, or claim upon the Mortgaged Property subordinate to the lien of this Mortgage, and (ii) payable on demand by Mortgagor to Mortgagee together with interest at the Default Rate. • Mortgagor shall have the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Imposition by appropriate legal proceedings, but such right shall not be deemed or construed with respect to any material Imposition, in any way as relieving, modifying, or extending Mortgagor’s covenant to pay any such material Imposition at the time and in the manner provided in this Section unless (i) Mortgagor has given prior written notice to Mortgagee of Mortgagor’s intent so to contest or object to a material Imposition, and (ii) Mortgagor shall either (x) furnish a good and sufficient bond or surety as requested by and reasonably satisfactory to Mortgagee or (y) maintain adequate reserves in conformity with GAAP on Mortgagor’s books, in each case in the amount of the material Imposition which is being contested plus any interest and penalty which may be imposed thereon and which could become a lien against the Real Estate or any part of the Mortgaged PropertyLandlord.

Payment of Taxes and Other Impositions. b(a) Except as permitted by Section 7.12 of the Credit Agreement, promptly when due or Grantor shall pay prior to the date on which delinquency any fine, penalty, interest or cost may be added thereto or imposed, Mortgagor shall pay and discharge all real property taxes and assessments of every kind and naturenature (including, without limitation, all real and personal property, income, franchise, withholding, transfer, gains, profits and gross receipts taxes), all charges for any easement or agreement maintained for the benefit of any of the Mortgaged PropertyTrust Estate, all general and special real property assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, vault taxes, and all other public charges even if unforeseen or extraordinary, imposed upon or assessed against or which may become a lien charge on any of the Mortgaged PropertyTrust Estate, or arising in respect of the occupancy, use or possession thereof, together with any penalties or interest on any of the foregoing (all of the foregoing are collectively referred to as “the "Impositions”"). If there is an Event of Default which is continuing, Mortgagor shall and procure and deliver to Beneficiary within thirty (30) days after each due date deliver Beneficiary shall have given a written request to Mortgagee (i) original or copies Grantor, evidence satisfactory to Beneficiary of receipted bills and cancelled checks evidencing the timely payment of such all Impositions; provided, however, that Grantor shall not be required to pay any Imposition if it is a real estate tax the amount, applicability or other public charge and (ii) evidence reasonably acceptable validity thereof shall currently be contested in good faith by appropriate proceedings. Should Grantor fail to Mortgagee showing the payment of any other such Imposition. If by law pay any Imposition, at Mortgagor’s optionthen Beneficiary, without obligation to do so and without notice to or demand upon Grantor and without releasing Grantor from any obligation hereof, may be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Mortgagor may elect to pay such Imposition in after the date such installments and Imposition shall be responsible for the payment of such installments with interest, if any. • If the Mortgagor has failed to pay an Imposition within thirty (30) days of when it is have become past due, Mortgagee and add to the Obligations the amount so paid, together with notice to Mortgagor may pay any such Imposition interest thereon at any time thereafterthe Default Interest rate. Any sums paid by Mortgagee in Mortgage Trustee or Beneficiary to discharge of any Impositions Impositions, together with any interest charged thereupon, shall be payable on demand by Mortgagor to Mortgagee and the amount so paid shall be added to the Obligations. Any sums paid by Mortgagee in discharge of any Impositions shall be (i) a lien charge on the Mortgaged Property Premises secured hereby prior to any right or title to, interest in, or claim upon the Mortgaged Property Premises subordinate to the lien charge of this Mortgage, and (ii) payable on demand by Mortgagor to Mortgagee together with interest at the Default Rate. • Mortgagor shall have the right before any delinquency occurs to contest or object in good faith to the amount or validity Deed of any Imposition by appropriate legal proceedings, but such right shall not be deemed or construed with respect to any material Imposition, in any way as relieving, modifying, or extending Mortgagor’s covenant to pay any such material Imposition at the time and in the manner provided in this Section unless (i) Mortgagor has given prior written notice to Mortgagee of Mortgagor’s intent so to contest or object to a material Imposition, and (ii) Mortgagor shall either (x) furnish a good and sufficient bond or surety as requested by and reasonably satisfactory to Mortgagee or (y) maintain adequate reserves in conformity with GAAP on Mortgagor’s books, in each case in the amount of the material Imposition which is being contested plus any interest and penalty which may be imposed thereon and which could become a lien against the Real Estate or any part of the Mortgaged PropertyTrust.

Payment of Taxes and Other Impositions. b(a) Except as permitted by Section 7.12 of the Credit Agreement, promptly Promptly when due or prior to the date on which any fine, penalty, interest or cost may be added thereto or of imposed, the Mortgagor shall pay and discharge all real property taxes taxes, charges and assessments of every kind and nature, all charges for any easement or agreement maintained for the benefit of any of the Mortgaged PropertyReal Estate, all general and special real property assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, vault taxes, taxes and all other public charges even if unforeseen or extraordinary, imposed upon or assessed against or which may become a lien on any of the Mortgaged PropertyReal Estate, or arising in respect of the occupancy, use or possession thereof, together with any penalties or interest on any of the foregoing (all of the foregoing are collectively referred to herein as “Impositions”the "IMPOSITIONS"). If there , except where (i) the validity or amount thereof is being contested in good faith by appropriate proceedings, which the Mortgagee determines suspends the obligation to pay the Imposition and that non-payment thereof will not result in forfeiture, sale, loss or diminution of any interest of the Mortgagee in the Mortgaged Property and (ii) the Mortgagor has set aside on its books adequate reserves with respect thereto in accordance with GAAP, which reserves shall include reasonable additional sums to cover possible interest, costs, and penalties; PROVIDED, HOWEVER, that the Mortgagor shall promptly cause to be paid any amount adjudged by a court of competent jurisdiction to be due, with all interest, costs and penalties thereon, promptly after such judgment becomes final (and, subject to the Mortgagee's rights and remedies during an Event of Default and subject to any provisions set forth in the Loan Agreement and the other Loan Documents to the contrary, the Mortgagee shall make any sum deposited in such reserve available for such payment); and provided, further, that, in all events, Impositions, interest costs and penalties shall be paid prior to the date any writ or order is issued under which is continuingthe Mortgaged Property may be sold, lost or forfeited. Upon request by the Mortgagee, the Mortgagor shall within thirty (30) days after each due date deliver to the Mortgagee (i) original or copies of receipted bills and cancelled checks evidencing payment of such Imposition if it is a real estate tax or other public charge and (ii) evidence reasonably acceptable to the Mortgagee showing the payment of any other such Imposition. If by law any Imposition, at the Mortgagor’s 's option, may without penalty or premium be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), the Mortgagor may elect to pay such Imposition in such installments and shall be responsible for the payment of such installments with interest, if any. • If the Mortgagor has failed to pay an Imposition within thirty (30) days of when it is due, Mortgagee with notice to Mortgagor may pay any such Imposition at any time thereafter. Any sums paid by Mortgagee in discharge of any Impositions shall be payable on demand by Mortgagor to Mortgagee and the amount so paid shall be added to the Obligations. Any sums paid by Mortgagee in discharge of any Impositions shall be (i) a lien on the Mortgaged Property secured hereby prior to any right or title to, interest in, or claim upon the Mortgaged Property subordinate to the lien of this Mortgage, and (ii) payable on demand by Mortgagor to Mortgagee together with interest at the Default Rate. • Mortgagor shall have the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Imposition by appropriate legal proceedings, but such right shall not be deemed or construed with respect to any material Imposition, in any way as relieving, modifying, or extending Mortgagor’s covenant to pay any such material Imposition at the time and in the manner provided in this Section unless (i) Mortgagor has given prior written notice to Mortgagee of Mortgagor’s intent so to contest or object to a material Imposition, and (ii) Mortgagor shall either (x) furnish a good and sufficient bond or surety as requested by and reasonably satisfactory to Mortgagee or (y) maintain adequate reserves in conformity with GAAP on Mortgagor’s books, in each case in the amount of the material Imposition which is being contested plus any interest and penalty which may be imposed thereon and which could become a lien against the Real Estate or any part of the Mortgaged Property.