Common use of Permitted Contests Clause in Contracts

Permitted Contests. LESSEE may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.

Appears in 2 contracts

Samples: Lease Agreement (Glowpoint Inc), Lease Agreement (All Communications Corp/Nj)

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Permitted Contests. LESSEE may contest by appropriate proceedingsNotwithstanding any provision hereof to the contrary, Lessee shall not be required, nor shall Lessor have the amountright to require Lessee, validity to pay, discharge or application of remove any Legal Requirement which LESSEE is obligated tax, assessment, levy, fee, rent, charge, lien or encumbrance, or to comply with any Legal Requirements applicable to the Premises or any Lien the use thereof, as long as Lessee shall contest, diligently and in good faith, the existence, amount or validity thereof by appropriate proceedings which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend prevent the collection of or other realization upon the tax, assessment, levy, fee, rent, charge, lien or encumbrance so contested, and which also shall prevent the sale, forfeiture or loss of the Premises, or any amounts due as a result part thereof, (b) no or any part of the Demised Premises rents, issues and profits thereof, to satisfy the same or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to lossLegal Requirements, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings and which shall not affect the payment of Basic Rent, Additional Rent or any other sum payable sums required to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use be paid by Lessee hereunder, and provided that (fi) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days Lessee provides Lessor with prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination written notice of such contest, pay and discharge all amounts which (ii) such contest shall not subject Lessor to the risk of any criminal liability or civil liability. Lessee shall give such security as may be determined reasonably requested by Lessor to be payable therein.insure ultimate payment of such tax, assessment, levy, fee, rent, charge, lien or encumbrance and compliance with Legal Requirements and to prevent any sale or forfeiture of the Premises or any portion thereof or any part of the rents, issues and profits thereof and to

Appears in 1 contract

Samples: Master Lease Agreement (Steinway Musical Instruments Inc)

Permitted Contests. LESSEE may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its the purposes permitted use hereunder, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten fifteen (1015) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.

Appears in 1 contract

Samples: Lease Agreement (Able Laboratories Inc)

Permitted Contests. LESSEE may contest by appropriate proceedingsNotwithstanding any provision of this Lease Agreement to the contrary, Lessee shall not be required, nor shall Lessor have the amountright, validity to pay, discharge or application of remove any Legal Requirement which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to dischargetax, provided that assessment, levy, fee, rent (a) such proceedings shall suspend except the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Base Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or performthe Successive Term Rent, as the case may be, (d) LESSEE and any other sums due hereunder payable to or for the benefit of Lessor), charge, lien or encumbrance, or to comply with any Legal Requirement applicable to the Leased Property or the use thereof, as long as Lessee shall have furnished such security contest the existence, amount or validity thereof by appropriate proceedings which shall prevent the collection of or other realization upon the tax, assessment, levy, fee, rent, charge, lien or encumbrance so contested, and which also shall prevent the sale, forfeiture or loss of the Leased Property or the Base Rent or the Successive Term Rent, as the case may be required in be, or to satisfy the proceedings same or reasonably requested by LESSORLegal Requirements, (e) such proceedings and which shall not affect the payment of Basic the Base Rent or the Successive Term Rent, Additional as the case may be, provided that such contest shall not subject Lessor to the risk of any criminal liability or any material civil liability. Lessee shall give such reasonable security as may be demanded by Lessor, or any mortgagee, to insure ultimate payment of such tax, assessment, levy, fee, rent, charge, lien, or encumbrance and compliance with Legal Requirements and to prevent any sale or forfeiture of the Leased Property, the Base Rent or the Successive Term Rent, as the case may be, or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined required to be payable thereinpaid by Lessee hereunder.

Appears in 1 contract

Samples: Lease Agreement

Permitted Contests. LESSEE Tenant may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement Applicable Laws with which LESSEE Tenant is obligated to comply with or any Lien which LESSEE Tenant is obligated to discharge, provided that (a) such proceedings shall suspend or stay the collection of any amounts due as a result thereof, (b) no part of the Demised Leased Premises or of any Basic Base Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR Landlord would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE Tenant shall have furnished such security as may be required in the proceedings or reasonably requested by LESSORproceedings, (e) such proceedings shall not affect the payment of Basic Base Rent, Additional Rent or any other sum payable to LESSOR Landlord hereunder or prevent LESSEE Tenant from using the Demised Leased Premises for its permitted use hereunderintended purposes, and (f) LESSEE Tenant shall notify LESSOR Landlord of any such proceedings not less than ten two (102) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE Tenant will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be finally determined to be payable thereinpursuant thereto.

Appears in 1 contract

Samples: Lease Agreement

Permitted Contests. LESSEE Lessee, upon prior written notice to Lessor, on its own, or, with Lessor’s prior written consent (not to be unreasonably withheld), in Lessor’s name, at Lessee’s expense, may contest contest, by appropriate proceedingslegal proceedings conducted in good faith and with due diligence, the amount, validity or application application, in whole or in part, of any Legal Requirement which LESSEE is obligated to comply with Requirement, any requirement under Permitted Encumbrances, any requirement under Environmental Laws or any Lien which LESSEE is obligated lien, attachment, levy, encumbrance, charge or claim; subject, however, to discharge, provided the further requirement that (a) neither the Properties nor any Rental due hereunder, nor any part or interest in either, shall be in danger of being sold, forfeited, attached or lost pending the outcome of such proceedings shall suspend the collection of any amounts due as a result thereof, proceedings; (b) no part neither Lessor nor Lessee shall be in any danger of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay comply therewith pending the outcome of such proceedings; (c) no Event of Default shall have occurred and be continuing at the time of or perform, as the case may be, during such contest; (d) LESSEE if and to the extent required by the applicable authority, Lessee shall have furnished post a bond or take other steps reasonably acceptable to such security as may be required in the proceedings or reasonably requested by LESSOR, authority that stays enforcement thereof; (e) Lessee shall promptly provide Lessor with copies of all notices received or delivered by Lessee and filings made by Lessee in connection with such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, proceeding; and (f) LESSEE shall notify LESSOR of if any such proceedings not less than ten contest is finally resolved against Lessor or Lessee, Lessee shall promptly pay the amount required to be paid, together with all costs, fees (10) days prior to including attorneys’ fees and disbursements), interest, penalties and other liabilities in connection therewith, or comply with the commencement thereofapplicable requirement. Lessee shall indemnify, defend, protect and shall describe such proceedings save Lessor harmless from and against any Losses that may be imposed upon Lessor in reasonable detail. LESSEE will conduct all such contests in good faith and connection with due diligence and will, promptly after the determination of any such contest, pay and discharge all amounts which shall be determined to be payable therein.

Appears in 1 contract

Samples: Master Lease Agreement (O Charleys Inc)

Permitted Contests. LESSEE may contest by appropriate proceedingsNotwithstanding any provision of this Lease Agreement to the contrary, Lessee shall not be required, nor shall Lessor have the amountright, validity to pay, discharge or application of remove any Legal Requirement which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to dischargetax, provided that assessment, levy, fee, rent (a) such proceedings shall suspend except the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Base Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or performthe Successive Term Rent, as the case may be, (d) LESSEE and any other sums due hereunder payable to or for the benefit of Lessor), charge, lien or encumbrance, or to comply with any Legal Requirement applicable to the Leased Property or the use thereof, as long as Lessee shall have furnished such security contest the existence, amount or validity thereof by appropriate proceedings which shall prevent the collection of or other realization upon the tax, assessment, levy, fee, rent, charge, lien or encumbrance so contested, and which also shall prevent the sale, forfeiture or loss of the Leased Property or the Base Rent or the Successive Term Rent, as the case may be required in be, or to satisfy the proceedings same or reasonably requested by LESSORLegal Requirements, (e) such proceedings and which shall not affect the payment of Basic the Base Rent or the Successive Term Rent, Additional as the case may be, provided that such contest shall not subject Lessor to the risk of any criminal liability or any material civil liability. Lessee shall give such reasonable security as may be demanded by Xxxxxx, or any mortgagee, to insure ultimate payment of such tax, assessment, levy, fee, rent, charge, lien, or encumbrance and compliance with Legal Requirements and to prevent any sale or forfeiture of the Leased Property, the Base Rent or the Successive Term Rent, as the case may be, or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined required to be payable thereinpaid by Lessee hereunder.

Appears in 1 contract

Samples: Lease Agreement

Permitted Contests. LESSEE After receiving the prior written approval of Lessor, Lessee, at Lessee's own expense, may contest the amount or validity of any Imposition to be paid by appropriate proceedings, the amount, validity Lessee or application of any Legal Requirement which LESSEE is obligated to comply with or Insurance Requirement or any Lien which LESSEE is obligated to dischargelien, attachment, levy, encumbrance, charge or claim ("CLAIMS") not otherwise permitted by Article 11 by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, provided that (a) Lessor would be permitted to do so under the provisions of any mortgage or deed of trust superior in lien to the this Lease; (b) such proceedings proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Lessor is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all applicable statutes, laws and ordinances; (c) the Leased Property nor any part thereof or interest therein will be in imminent danger of being sold, forfeited, terminated, canceled or lost; (d) Lessee shall promptly upon final determination thereof pay the amount of any such Claim, together with all costs, interest and penalties which may be payable in connection therewith; (e) such proceeding shall suspend the collection of any amounts due as a result thereof, such contested Claim from the Leased Property; and (bf) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE Lessee shall have furnished furnish such security as may be required in the proceedings proceeding, or as may be reasonably requested by LESSORLessor, (e) such proceedings shall not affect to insure the payment of Basic Rentany such Claim, Additional Rent or together with all interest and penalties thereon. Lessee shall be entitled to any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR refund of any Claims and such proceedings not less than ten (10) days prior to the commencement thereof, charges and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith penalties or interest thereon which have been paid by Lessee or paid by Lessor and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts for which shall be determined to be payable thereinLessor has been fully reimbursed.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Inc)

Permitted Contests. LESSEE may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunderintended purposes, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.. ARTICLE 14

Appears in 1 contract

Samples: Lease Agreement (Petco Animal Supplies Inc)

Permitted Contests. LESSEE may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement which LESSEE is obligated Lessee shall not be required to comply with or any Lien which LESSEE is obligated to discharge, provided that (a) such pay, ------------------ discharge or remove any tax, lien or assessment, or any mechanic's, laborer's or materialman's lien, or any other lien or encumbrance, or any other imposition or charge against the Project or any part thereof, or (b) comply or cause compliance with the laws, ordinances, orders, rules, regulations or requirements referred to in Sections 3.10 or 14.4 hereof, so long as Lessee shall, at Lessee's expense, contest the same or the validity thereof in good faith, by appropriate proceedings which shall suspend operate to prevent the collection of any amounts due as a result thereofthe tax, (b) no part lien, assessment, encumbrance, imposition, charge, fine or penalty so contested or resulting from such contest and the sale of the Demised Premises Project or any part thereof to satisfy the same. Such contest may be made by Lessee in the name of Lessor or of Lessee, or both, as Lessee shall determine, and Lessor agrees that it will, at Lessee's expense, cooperate with Lessee in any Basic Rent or Additional Rent or other sum payable hereunder would be subject such contest to losssuch extent as Lessee may reasonably request. It is understood, sale or forfeiture during such proceedingshowever, (c) LESSOR would that Lessor shall not be subject to any civil or criminal liability for failure the payment of any costs or expenses in connection with any such proceeding brought by Lessee, and Lessee covenants to pay pay, and to indemnify and save harmless Lessor from, any such costs or performexpenses. Pending any such proceeding Lessor shall not have the right to pay, as remove or cause to be discharged the case may betax, (d) LESSEE lien, assessment, encumbrance, imposition or charge thereby being contested, provided, that Lessee shall have furnished given such security as Purchaser and Lessor may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable thereinrequire.

Appears in 1 contract

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

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Permitted Contests. LESSEE After receiving the prior written approval of Lessor, Lessee, at Lessee’s own expense, may contest the amount or validity of any Imposition to be paid by appropriate proceedings, the amount, validity Lessee or application of any Legal Requirement which LESSEE is obligated to comply with or Insurance Requirement or any Lien which LESSEE is obligated to dischargelien, attachment, levy, encumbrance, charge or claim (“Claims”) not otherwise permitted by Article 11 by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, provided that (a) Lessor would be permitted to do so under the provisions of any mortgage or deed of trust superior in lien to the this Lease; (b) such proceedings proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Lessor is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all applicable statutes, laws and ordinances; (c) the Leased Property nor any part thereof or interest therein will be in imminent danger of being sold, forfeited, terminated, canceled or lost; (d) Lessee shall promptly upon final determination thereof pay the amount of any such Claim, together with all costs, interest and penalties which may be payable in connection therewith; (e) such proceeding shall suspend the collection of any amounts due as a result thereof, such contested Claim from the Leased Property; and (bf) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE Lessee shall have furnished furnish such security as may be required in the proceedings proceeding, or as may be reasonably requested by LESSORLessor, (e) such proceedings shall not affect to insure the payment of Basic Rentany such Claim, Additional Rent or together with all interest and penalties thereon. Lessee shall be entitled to any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR refund of any Claims and such proceedings not less than ten (10) days prior to the commencement thereof, charges and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith penalties or interest thereon which have been paid by Lessee or paid by Lessor and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts for which shall be determined to be payable thereinLessor has been fully reimbursed.

Appears in 1 contract

Samples: Lease Agreement (Sunstone Hotel Investors, Inc.)

Permitted Contests. LESSEE may contest (a) So long as (w) no Unwind Event, Environmental Trigger or Event of Default has occurred, (x) no Termination Notice has been delivered or been deemed to have been delivered, (y) the Lessee shall not have notified the Lessor pursuant to paragraph 27(a)(ii) that it is terminating this Lease and abandoning the Property or (z) the Lessee shall not have otherwise surrendered or be required to surrender the Property to the Lessor for any reason (including, without limitation, pursuant to paragraph 23(a)), the Lessee shall not be required, nor shall the Lessor have the right, to pay, discharge or remove any Charges or to comply or cause the Property or any part thereof to comply with any applicable Legal Requirement or to pay any materialman's, laborer's or undischarged or unremoved Lien, as long as the Lessee shall at its sole cost and expense contest, or cause to be contested, diligently and in good faith, the existence, amount or validity thereof by appropriate proceedings, which shall (i) in the amountcase of an unpaid Property Charge or undischarged or unremoved Lien, validity prevent the collection thereof from the Lessor or application of any Legal Requirement which LESSEE is obligated to comply with against the Property or any Lien which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result part thereof, (bii) no part prevent the sale, forfeiture or loss of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent Property or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunderpart thereof, and (fiii) LESSEE shall notify LESSOR in the case of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.a

Appears in 1 contract

Samples: Lease (Geon Co)

Permitted Contests. LESSEE Lessee may contest contest, by appropriate proceedings, the amount, validity or application of any Legal Requirement which LESSEE Lessee is obligated to comply with or any Lien which LESSEE Lessee is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result thereof, (b) no part of the Demised Property and/or the Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR Lessor would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE Lessee shall have furnished such security as may be required in the proceedings or reasonably requested by LESSORLessor, (e) such proceedings shall not affect the payment of Basic Rent, Rent or Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE Lessee from using the Demised Premises for its permitted use hereunderintended purposes, and (f) LESSEE Lessee shall notify LESSOR Lessor of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE Lessee will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.

Appears in 1 contract

Samples: Lease Agreement (Digital Domain Media Group, Inc.)

Permitted Contests. LESSEE may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunderintended purposes, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.

Appears in 1 contract

Samples: Lease Agreement (Millennium Healthcare Inc.)

Permitted Contests. LESSEE Lessee, on Lessor's behalf, but at Lessee's expense, may contest contest, by appropriate proceedingslegal proceedings conducted in good faith and with due diligence, the amount, amount or validity or application application, in whole or in part, of any Legal Requirement which LESSEE is obligated to comply with real property taxes or any Lien which LESSEE is obligated to dischargeLaws or insurance requirements or any lien, encumbrance, charge or claim not permitted by Section 18.2, provided that (a) in the case of an unpaid real property taxes, lien, encumbrance, charge or claim, the commencement and continuation of such proceedings shall suspend the collection of any amounts due as a result thereofthereof from Lessor and/or from the Premises, (b) no neither the Premises nor any rent therefrom nor any part of the Demised Premises thereof or of any Basic Rent or Additional Rent or other sum payable hereunder interest therein would be subject to lossin any immediate danger of being sold, sale forfeited, terminated, cancelled or forfeiture during such proceedingslost, (c) LESSOR in the case of a Laws, Lessor would not be subject to in any danger of civil or criminal liability for failure to pay or performcomply therewith pending the outcome of such proceedings, as the case may be, and (d) LESSEE if such contest be finally resolved against Lessor or Lessee, Lessee shall, as additional rent due hereunder, promptly pay the amount required to be paid, together with all interest and penalties accrued thereon, or comply with the applicable Laws or insurance requirements. Lessee shall have furnished such security as indemnify and save Lessor harmless against any liability, cost or expense of any kind that may be required imposed upon Lessor in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunder, and (f) LESSEE shall notify LESSOR of connection with any such proceedings not less than ten (10) days prior to the commencement thereof, contest and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable thereinany loss resulting therefrom.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Etoys Inc)

Permitted Contests. LESSEE may contest by appropriate proceedings, the amount, validity or application of any Legal Requirement (including controls and requirements with which LESSEE is obligated to comply pursuant to Section 9.5) which LESSEE is obligated to comply with or any Lien which LESSEE is obligated to discharge, provided that (a) such proceedings shall suspend the collection of any amounts due as a result thereof, (b) no part of the Demised Premises or of any Basic Rent or Additional Rent or other sum payable hereunder would be subject to loss, sale or forfeiture during such proceedings, (c) LESSOR would not be subject to any civil or criminal liability for failure to pay or perform, as the case may be, (d) LESSEE shall have furnished such security as may be required in the proceedings or reasonably requested by LESSOR, (e) such proceedings shall not affect the payment of Basic Rent, Additional Rent or any other sum payable to LESSOR hereunder or prevent LESSEE from using the Demised Premises for its permitted use hereunderintended purposes, and (f) LESSEE shall notify LESSOR of any such proceedings not less than ten (10) days prior to the commencement thereof, and shall describe such proceedings in reasonable detail. LESSEE will conduct all such contests in good faith and with due diligence and will, promptly after the determination of such contest, pay and discharge all amounts which shall be determined to be payable therein.

Appears in 1 contract

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

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