Common use of Right to Contest Clause in Contracts

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in a timely fashion. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after prior written notice to Lessor), by appropriate legal proceedings conducted in good faith and with due diligence, any above-described item or lien with respect thereto, including, without limitation, the amount or validity or application, in whole or in part, of any such item, provided that (i) neither the Properties nor any interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings; (ii) no Event of Default has occurred; (iii) Lessee posts a bond or takes other steps acceptable to Lessor that remove such lien or stay enforcement thereof; (iv) Lessee shall promptly provide Lessor with copies of all notices received or delivered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination of such proceedings, it shall be the obligation of Lessee to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewith.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by Notwithstanding any other provision of this Section 6.01 Section, Borrowers shall not be deemed to be paidin default solely by reason of Borrowers’ failure to pay any Imposition so long as, Lessee shallin Lender’s judgment, upon prior written request each of Lessor, provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made the following conditions is satisfied: (i) Borrowers are engaged in a timely fashion. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after prior written notice to Lessor), by appropriate legal proceedings conducted and diligently pursuing in good faith and with due diligence, any above-described item administrative or lien with respect thereto, including, without limitation, judicial proceedings appropriate to contest the amount or validity or application, in whole or in part, of any such item, provided that (i) neither the Properties nor any interest therein would be in any danger of being sold, forfeited or lost by reason amount of such proceedings; Impositions; (ii) no Event Borrowers’ payment of Default has occurred; such Imposition would materially prejudice Borrowers’ prospects for success in such proceedings; (iii) Lessee Nonpayment of such Imposition will not result in the loss or forfeiture of any Property or other Collateral encumbered by the Loan Documents or any interest of Lender therein; and (iv) Borrowers deposit with Lender, as security for such payment that may ultimately be required, a sum equal to the amount of the disputed Imposition plus the interest, penalties, advertising charges, and other costs that Lender estimates are likely to become payable if Borrowers’ contest is unsuccessful, or posts a bond or takes other steps acceptable with the applicable taxing authority having the same effect. For the avoidance of doubt, the funds required to Lessor that remove such lien or stay enforcement thereof; be deposited with Lender under this paragraph (iv) Lessee shall promptly provide Lessor with copies be in addition to all taxes, assessments and other governmental charges that are not being contested and that are subject to the deposit provisions of all notices received Section 5.1.2(B) hereof. If Lender determines that any one or delivered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination more of such proceedingsconditions is not satisfied or is no longer satisfied, it Borrowers shall be the obligation of Lessee to pay the amount of any such tax and assessment or part thereof as finally determined Imposition in such proceedings, the payment of which may have been deferred during the prosecution of such proceedingsquestion, together with any costsinterest and penalties thereon, fees within ten (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewith10) days after Lender gives notice of such determination.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, shall upon prior written request of Lessor, provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in taxes and assessments have been timely paid by Lessee. In the event Lessor receives a timely fashiontax ▇▇▇▇, Lessor shall use commercially reasonable efforts to forward said ▇▇▇▇ to Lessee within fifteen (15) days of Lessor’s receipt thereof. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after prior written notice to Lessor), by appropriate legal proceedings conducted in good faith and with due diligence, any above-described item or lien with respect thereto, including, without limitation, the amount or validity or application, in whole or in part, of any such item, provided that (i) neither the Properties Property nor any interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings; (ii) no Event of Default has occurredoccurred and is continuing; (iii) if and to the extent required by the applicable taxing authority, Lessee posts a bond or takes other steps acceptable to Lessor such taxing authority that remove removes such lien or stay stays enforcement thereof; and (iv) if requested by Lessor, Lessee shall promptly provide Lessor with copies of all notices received or delivered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination . Lessor shall at the request of Lessee, execute or join in the execution of any instruments or documents necessary in connection with such contest or proceedings, it but Lessor shall be incur no cost or obligation thereby. Lessor and Lessee will cooperate in good-faith basis in the obligation of Lessee response to pay the amount any informational requests, resolution of any such tax audits or similar tax matters, and assessment or part thereof will do so in a timely manner so as finally determined in such proceedings, to avoid any disruption of the payment of which may have been deferred during business located on the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewithProperty.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in a timely fashion. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after After prior written notice to Lessor)Lender, Borrower shall have the right, at its sole expense, to contest by appropriate legal proceedings proceedings, promptly initiated and diligently conducted in good faith and with due diligence, any above-described item or lien with respect thereto, including, without limitationfaith, the validity, amount or validity or application, in whole or in part, of any such itemof the Taxes or Other Charges, provided that that: (ia) neither no Event of Default exists; (b) such proceeding shall suspend the Properties nor any collection of the Taxes or Other Charges from Borrower and from the Property and no portion of the Property or interest therein would shall be in any danger of being sold, forfeited forfeited, terminated, canceled or lost lost; (c) such proceeding shall be permitted under and conducted in accordance with the provisions of any other instrument or agreement to which Borrower is bound or to which the Property or Borrower is subject and shall not constitute a default thereunder; (d) Borrower shall have furnished such security as may be required in the proceeding or by reason Lender to insure the payment of any such proceedings; (ii) no Event Taxes or Other Charges, together with all interest and penalties thereon or, if not required, Borrower shall have set aside adequate reserves for the payment of Default has occurred; (iii) Lessee posts a bond the Taxes or takes other steps acceptable Other Charges, together with all interest and penalties thereon. Upon completion of any contest, Borrower shall immediately pay any amount due, and deliver to Lessor that remove such lien or stay enforcement thereof; (iv) Lessee Lender proof of the completion of the contest and payment of the amount due, whereupon Lender shall promptly provide Lessor return any security deposited with Lender. Borrower shall deliver copies of all notices received or delivered relating to any Taxes and Other Charges covered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination of such proceedings, it shall be the obligation of Lessee this Article IV to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewithLender.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, shall provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in taxes and assessments have been timely paid by Lessee. In the event Lessor receives a timely fashiontax ▇▇▇▇, Lessor shall use commercially reasonable efforts to forward said ▇▇▇▇ to Lessee within fifteen (15) days of Lessor’s receipt thereof. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000100,000, after prior written notice to Lessor, which shall be given within fifteen (15) days of Lessee’s determination to contest any matter as permitted herein), by appropriate legal proceedings conducted in good faith and with due diligence, any above-described above‑described item or lien with respect thereto, including, without limitation, the amount or validity or application, in whole or in part, of any such item, provided that (i) neither the Properties Property nor any interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings; (ii) no Event of Default has occurredoccurred and is continuing; (iii) if and to the extent required by the applicable taxing authority and/or Lessor, Lessee posts a bond or takes other steps acceptable to such taxing authority and/or Lessor that remove removes such lien or stay stays enforcement thereof; and (iv) Lessee shall promptly provide Lessor with copies of all notices received or delivered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination of such proceedings, it shall be the obligation of Lessee to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewith. Lessor shall at the request of Lessee, execute or join in the execution of any instruments or documents necessary in connection with such contest or proceedings, but Lessor shall incur no cost or obligation thereby.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in a timely fashion. Lessee Tenant may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,00020,000, after prior written notice to LessorLandlord), by appropriate legal proceedings conducted in good faith and with due diligence, any above-described above‑described item or lien with respect thereto, thereto (including, without limitation, the amount or validity or application, in whole or in part, right to challenge the assessed value of any such itemthe Premises for purposes of real property taxes), provided that (i) neither the Properties Premises nor any interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings; (ii) no Event of Default has occurredoccurred and is continuing; (iii) Lessee if and to the extent required by the applicable taxing authority and/or Landlord, Tenant posts a bond or takes other steps acceptable to Lessor such taxing authority and/or Landlord that remove removes such lien or stay stays enforcement thereof; (iv) Lessee Tenant shall promptly provide Lessor Landlord with copies of all notices received or delivered by Lessee Tenant and filings made by Lessee Tenant in connection with such proceeding; and (v) upon termination of such proceedings, it shall be the obligation of Lessee Tenant to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewith. Landlord shall at the request of Tenant, execute or join in the execution of any instruments or documents necessary in connection with such contest or proceedings, but Landlord shall incur no cost or obligation thereby.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, shall provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in taxes and assessments have been timely paid by ▇▇▇▇▇▇. In the event Lessor receives a timely fashiontax bill, Lessor shall use commercially reasonable efforts to forward said bill to Lessee within fifteen (15) days of ▇▇▇▇▇▇’s receipt thereof. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after prior written notice to Lessor, which shall be given within fifteen (15) days of Lessee’s determination to contest any matter as permitted herein), by appropriate legal proceedings conducted in good faith and with due diligence, any above-described item or lien with respect thereto, including, without limitation, the amount or validity or application, in whole or in part, of any such item, provided that (i) neither the Properties nor any interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings; (ii) no Event of Default has occurredoccurred and is continuing; (iii) if and to the extent required by the applicable taxing authority and/or Lessor, Lessee posts a bond or takes other steps acceptable to such taxing authority and/or Lessor that remove removes such lien or stay stays enforcement thereof; (iv) Lessee shall promptly provide Lessor with copies of all notices received or delivered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination of such proceedings, it shall be the obligation of Lessee to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewith.;

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, shall provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made taxes and assessments have been timely paid by Lessee. In the event Lessor receives a tax ▇▇▇▇, Lessor shall use commercially reasonable efforts to forward (in a timely fashionaccordance with Section 15.10) said ▇▇▇▇ to Lessee within fifteen (15) days of Lessor’s receipt thereof. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after prior written notice to Lessor), by appropriate legal proceedings conducted in good faith and with due diligence, any above-described item or lien with respect thereto, including, without limitation, the amount or validity or application, in whole or in part, of any such item, provided that (i) neither the Properties Property nor any interest therein would be in any danger of being sold, forfeited or lost by reason of such proceedings; (ii) no Event of Default has occurred; (iii) if and to the extent required by the applicable taxing authority and/or Lessor, Lessee posts a bond or takes other steps acceptable to such taxing authority and/or Lessor that remove removes such lien or stay stays enforcement thereof; (iviii) Lessee shall promptly provide Lessor with copies of all notices received or delivered by Lessee and filings made by Lessee in connection with such proceeding; and (viv) upon termination of such proceedings, it shall be the obligation of Lessee to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewith. Lessor shall at the request of Lessee, execute or join in the execution of any instruments or documents necessary in connection with such contest or proceedings, but Lessor shall incur no cost or obligation thereby.

Right to Contest. Within thirty (30) days after each tax and assessment payment is required by this Section 6.01 to be paid, Lessee shall, upon prior written request of Lessor, provide Lessor with evidence reasonably satisfactory to Lessor that such payment was made in a timely fashion. Lessee may, at its own expense, contest or cause to be contested (in the case of any item involving more than $10,000, after After prior written notice to Lessor)▇▇▇▇▇▇, Borrower shall have the right, at its sole expense, to contest by appropriate legal proceedings proceedings, promptly initiated and diligently conducted in good faith and with due diligence, any above-described item or lien with respect thereto, including, without limitationfaith, the validity, amount or validity or application, in whole or in part, of any such itemof the Taxes or Other Charges, provided that that: (ia) neither no Event of Default exists; (b) such proceeding shall suspend the Properties nor any collection of the Taxes or Other Charges from Borrower and from the Property and no portion of the Property or interest therein would shall be in any danger of being sold, forfeited forfeited, terminated, canceled or lost lost; (c) such proceeding shall be permitted under and conducted in accordance with the provisions of any other instrument or agreement to which Borrower is bound or to which the Property or Borrower is subject and shall not constitute a default thereunder; (d) Borrower shall have furnished such security as may be required in the proceeding or by reason Lender to insure the payment of any such proceedings; (ii) no Event Taxes or Other Charges, together with all interest and penalties thereon or, if not required, Borrower shall have set aside adequate reserves for the payment of Default has occurred; (iii) Lessee posts a bond the Taxes or takes other steps acceptable Other Charges, together with all interest and penalties thereon. Upon completion of any contest, Borrower shall immediately pay any amount due, and deliver to Lessor that remove such lien or stay enforcement thereof; (iv) Lessee Lender proof of the completion of the contest and payment of the amount due, whereupon Lender shall promptly provide Lessor return any security deposited with Lender. Borrower shall deliver copies of all notices received or delivered relating to any Taxes and Other Charges covered by Lessee and filings made by Lessee in connection with such proceeding; and (v) upon termination of such proceedings, it shall be the obligation of Lessee this Article IV to pay the amount of any such tax and assessment or part thereof as finally determined in such proceedings, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees (including attorneys’ fees and disbursements), interest, penalties or other liabilities in connection therewithLender.