Common use of Taxes; Charges Clause in Contracts

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property or become payable during the term of the Loans (the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s compliance with Sections 5.8(1) and 5.9(2) of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall suffer or permit the joint assessment of any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxes, (b) such Borrower provides the Administrative Agent with cash or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxes, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the date on which any Individual Property is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessmentsProperty Taxes, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent Lender with evidence of such payment; however, each Borrower’s 's compliance with Sections 5.8(1) and 5.9(2) Section 3.1 of this Agreement relating to impounds for taxes and assessments Property Taxes shall, with respect to payment of such taxes and assessmentsProperty Taxes, be deemed compliance with this Section 8.26.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims may in good faith contest, by proper legal actions or proceedings, the validity or amount of any Property Tax assessed upon the Project provided that at the time of commencement of any such action or proceeding, and demands of mechanicsduring the pendency thereof, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as (1) no Event of Default shall be continuing; (following any required notice from the Administrative Agent 2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to the Borrowers Lender, including Lender's estimate of interest, penalties and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as attorneys' fees; (a3) such Borrower notifies the Administrative Agent that it intends contest operates to contest such claim or demand or Taxes, (b) such Borrower provides the Administrative Agent with cash or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% suspend collection of the contested amount or Property Tax; (4) Borrower maintains and prosecutes such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxescontest continuously with diligence, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-payment. In ; (5) the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent Project shall not pay be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes contest; and (ii6) Borrower shall promptly pay or discharge such contested Property Tax and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence reasonably satisfactory acceptable to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (collectively, the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s compliance with Sections 5.8(1) and 5.9(2) Section 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes taxes so long as (a1) such Lead Borrower notifies the Administrative Agent that it Borrower intends to contest such claim or demand or Taxesdemand, (b2) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold sold, forfeited, terminated, cancelled or lost for non-non payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, (4) such proceedings shall not subject Borrower, the Administrative Agent shall not pay such Taxes or any Lender to criminal or civil liability (other than civil liability as required to which adequate security has been provided pursuant to Section 5.9(2clause (2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes above), and (ii5) evidence reasonably satisfactory to Borrower shall promptly upon final determination thereof pay the Administrative Agent that the Taxes are being contested in accordance amount of such items, together with this Section 8.2all costs, interests and penalties.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent Lender with evidence of such payment; however, each Borrower’s 's compliance with Sections 5.8(1) and 5.9(2) Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims may in good faith contest, by proper legal actions or proceedings, the validity or amount of any tax or assessment assessed upon the Project provided that at the time of commencement of any such action or proceeding, and demands of mechanicsduring the pendency thereof, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as (1) no Event of Default shall be continuing; (following any required notice from the Administrative Agent 2) Borrower provides Lender with a release bond in such form and amount as are satisfactory to the Borrowers Lender, including Lender's estimate of interest, penalties and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as attorneys' fees; (a3) such Borrower notifies the Administrative Agent that it intends contest operates to contest such claim or demand or Taxes, (b) such Borrower provides the Administrative Agent with cash or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% suspend collection of the contested amount tax or assessment; (4) Borrower maintains and prosecutes such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxescontest continuously with diligence, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-payment. In ; (5) the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent Project shall not pay be subject to forfeiture or loss or any Lien by reason of the institution or prosecution of such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes contest; and (ii6) Borrower shall promptly pay or discharge such contested tax or assessment and all additional charges, interest, penalties and expenses, if any, and shall deliver to Lender evidence reasonably satisfactory acceptable to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2Lender of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to Borrower.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (collectively, the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s compliance with Sections 5.8(1) and 5.9(2) Section 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. No From and after the completion of processing of the deeds to PS2 and PS5 and the creation of separate tax lots by the assessor’s office of Orange County, California, Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes taxes so long as (a1) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxesdemand, (b2) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-non payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each (1) Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (the “collectively, "Taxes”"), and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s 's compliance with Sections 5.8(1) and 5.9(2) Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes taxes so long as (a1) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxesdemand, (b2) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s 's title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s 's obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Owned Real Estate or Collateral or become payable during the term of the Loans (the “Taxes”)Loans, and will promptly furnish the Administrative Agent Lender with evidence of such payment; however, . Borrower and each Borrower’s compliance with Sections 5.8(1) and 5.9(2) of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower Guarantor shall not suffer or permit the joint assessment of any Individual Property the Owned Real Estate with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower and each Guarantor, as the case may be, shall pay when due all claims and demands of mechanics, materialmenmaterial men, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Owned Real Estate; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers Borrower and following the expiration of any applicable cure period) shall exist, a Borrower Guarantor may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent or any Guarantor notify Lender that it intends to contest such claim or demand or Taxesdemand, (b) such Borrower and each Guarantor provides the Administrative Agent Lender with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion Lender (including an endorsement to the Administrative Agent’s Lender's title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s 's obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c) such Borrower or any Guarantor is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense expense. Borrower will promptly pay when due all bills and concludes such contest costs for labor, materials and specifically fabricated materials incurred in connection with the Owned Real Estate and never permit to exist beyond the due date thereof in respect of the Owned Real Estate or obtains a stay any part thereof prior any Lien, even though inferior to the thirtieth (30th) day preceding Liens of the date on which Facility Documents, and in any Individual Property is scheduled event never permit to be sold created or exist in respect of the Owned Real Estate or any part thereof any other or additional Lien other than the liens or security of the Facility Documents, except for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2Permitted Liens.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s compliance with Sections 5.8(1) and 5.9(2) Section 3.4 of this Agreement relating to during any time that the impounds for taxes and assessments are being delivered to Administrative Agent shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent Lender that it intends to contest such claim or demand or Taxesdemand, (b) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual the affected Property is or Properties are scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower Except to the extent sums sufficient to pay all Taxes have been previously deposited with Agent as part of the Tax Impound, and subject to Borrower’s right to contest Taxes in accordance with the terms of this Agreement, Borrowers shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon any Individual Property Project or become payable during the term of the Loans (the “Taxes”)Loans, and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s Borrowers’ compliance with Sections 5.8(1) and 5.9(2) Section 3.5 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower Borrowers shall not suffer or permit the joint assessment of any Individual Property Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower Borrowers shall pay when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual PropertyProject (collectively, the “Charges”); however, so long as no Event of Default (following any required notice from Borrowers may contest, in good faith by appropriate proceedings, the Administrative Agent to the Borrowers and following the expiration amount or validity of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands Charges or Taxes Liens so long as (a) Borrowers have given prior written notice to Agent of the intent to so contest or object to any such Borrower notifies the Administrative Agent that it intends to contest such claim Charges or demand or TaxesLiens, (b) such Borrower provides contest stays the Administrative enforcement or collection of the Charges or any Lien created, (c) Borrowers provide Agent with cash a bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy Title Policies insuring against such claim claim, demand or demandlien) assuring the discharge of such Borrower’s Borrowers’ obligations for such claims and claims, demands or payment of Taxeslien, including interest and penalties, and (cd) such Borrower is Borrowers are diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property a Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (collectively, the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; however, each such Borrower’s compliance with Sections 5.8(1) and 5.9(2) Section 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a1) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxesdemand, (b2) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-non payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property a Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent Lender with evidence of such payment; however, each Borrower’s compliance with Sections 5.8(1) and 5.9(2) of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property Project with any other real property constituting a separate tax lot or with any other real or personal property; however, Borrower may contest the validity of any such taxes or charges so long as (1) Borrower complies with all requirements of applicable law relating to any such contest and (2) Borrower establishes reserves in accordance with GAAP against the imposition of such contested tax or other charge, including interest and penalties. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual PropertyProject; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent Lender that it intends to contest any such claim or demand or Taxesin excess of $250,000, (b) such if requested by Lender, Borrower provides the Administrative Agent Lender with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion Lender (including an endorsement to the Administrative Agent’s Lender's title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s 's obligations for such claims and demands or payment in excess of Taxes$250,000, including interest and penalties, and (c) such Borrower is diligently contesting all such claims and demands (regardless of the same amount thereof) by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (collectively, the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; provided, however, each such Borrower’s compliance with Sections 5.8(1) and 5.9(2) Section 4.1 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a1) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxesdemand, (b2) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-non payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower Borrowers shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon any Individual Property Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s Borrowers' compliance with Sections 5.8(1) and 5.9(2) Section 3.5 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.27.3. No Borrower Borrowers shall not suffer or permit the joint assessment of any Individual Property Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower Borrowers shall pay when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual PropertyProject (collectively, the "Charges"); however, so long as no Event of Default (following any required notice from Borrowers may contest, in good faith by appropriate proceedings, the Administrative Agent to the Borrowers and following the expiration amount or validity of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands Charges or Taxes Liens so long as (a) Borrowers have given prior written notice to Agent of the intent to so contest or object to any such Borrower notifies the Administrative Agent that it intends to contest such claim Charges or demand or TaxesLiens, (b) such Borrower provides contest stays the Administrative enforcement or collection of the Charges or any Lien created, (c) Borrowers provide Agent with cash a bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy 's Title Policies insuring against such claim claim, demand or demandlien) assuring the discharge of such Borrower’s Borrowers' obligations for such claims and claims, demands or payment of Taxeslien, including interest and penalties, and (cd) such Borrower is Borrowers are diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property a Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s 's compliance with Sections 5.8(1) and 5.9(2) Section 3.4 of this Agreement relating to during any time that the impounds for taxes and assessments are being delivered to Administrative Agent shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall not suffer or permit the joint assessment of any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent Lender that it intends to contest such claim or demand or Taxesdemand, (b) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s 's title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s 's obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual the affected Property is or Properties are scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall or shall cause Mortgage Borrower to pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (collectively, the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; provided, however, each Mortgage Borrower’s compliance with Sections 5.8(1) and 5.9(2) Section 4.1 of this the Mortgage Loan Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.29.2. No Borrower shall not and shall not permit Mortgage Borrower to suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall or shall cause Mortgage Borrower to pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may permit Mortgage Borrower to contest the validity of such claims and demands or Taxes so long as (a1) such Borrower notifies the Administrative Agent that it Mortgage Borrower intends to contest such claim or demand or Taxesdemand, (b2) such Borrower or Mortgage Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Mortgage Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-non payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Except to the extent REA Counterparty is obligated to pay the same pursuant to the REAs, Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property the Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent with evidence of such payment; provided, however, each Borrower’s compliance with Sections 5.8(1) that Borrower shall be permitted to contest the same in good faith by appropriate proceedings and 5.9(2) of this Agreement relating to impounds for taxes and assessments shall, with respect to payment which appropriate reserves have been provided in the books of such taxes and assessments, be deemed compliance with this Section 8.2the Borrower. No Borrower shall not suffer or permit the joint assessment of any Individual Property the Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Propertythe Project; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxesdemand, (b) such Borrower provides the Administrative Agent with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution other security reasonably satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand, if available) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property the Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower and Operating Lessee shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property a Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent Lender with evidence of such payment; however, each if applicable, Borrower’s 's and Operating Lessee's compliance with Sections 5.8(1) and 5.9(2) Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower and Operating Lessee shall not suffer or permit the joint assessment of any Individual Property a Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower and Operating Lessee shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; howevera Project. Notwithstanding the foregoing, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower or Operating Lessee may contest the validity of such taxes and charges and such claims and demands or Taxes so long as (a) such Borrower or Operating Lessee notifies the Administrative Agent Lender that it intends to contest such claim or demand or Taxesdemand, (b) such Borrower or Operating Lessee provides the Administrative Agent Lender with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion Lender (including an endorsement to the Administrative Agent’s Lender's title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s 's obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c) such Borrower or Operating Lessee is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property a Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent Senior Lender (or cause to be furnished to Senior Lender) with evidence of such payment; however, each Borrower’s 's compliance with Sections 5.8(1) and 5.9(2) Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall suffer or permit not consent to the joint assessment of any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay or shall cause to be paid when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent Senior Lender that it intends to contest such claim or demand or Taxesdemand, (b) such Borrower provides the Administrative Agent Senior Lender with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution other security reasonably satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion Senior Lender (including an endorsement to the Administrative Agent’s Senior Lender's title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s 's obligations for such claims and demands or payment of Taxesdemands, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.8.3

Taxes; Charges. Each Borrower Borrowers shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon any Individual Property Project or become payable during the term of the Loans (the “Taxes”)Loan, and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s Borrowers’ or Master Tenants’ compliance with Sections 5.8(1) and 5.9(2) ‎Section 3.5 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2‎Section 7.3. No Borrower Borrowers shall not suffer or permit the joint assessment of any Individual Property Project with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower Borrowers shall pay or cause to be paid when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual PropertyProject (collectively, the “Charges”); however, so long as no Event of Default (following any required notice from Borrowers or Master Tenants may contest, in good faith by appropriate proceedings, the Administrative Agent to the Borrowers and following the expiration amount or validity of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands Charges or Taxes Liens so long as (a) Borrowers and/or Master Tenants have given prior written notice to Agent of the intent to so contest or object to any such Borrower notifies the Administrative Agent that it intends to contest such claim Charges or demand or TaxesLiens, (b) such Borrower provides contest stays the Administrative enforcement or collection of the Charges or any Lien created, (c) Borrowers and/or Master Tenants provide Agent with cash a bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy Title Policies insuring against such claim claim, demand or demandlien) assuring the discharge of such Borrower’s Borrowers’ and/or Master Tenants’ obligations for such claims and claims, demands or payment of Taxeslien, including interest and penalties, and (cd) such Borrower is Borrowers and/or Master Tenants are diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest or obtains a stay thereof prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which any Individual Property a Project is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

Taxes; Charges. Each Borrower Grantor shall pay pay, before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual the Mortgaged Property or become payable during the term of Loan Term (as defined in the Loans (the “Taxes”Note), and will promptly furnish the Administrative Agent Beneficiary with evidence of such payment; however. Grantor shall pay all taxes, each Borrower’s compliance with Sections 5.8(1) charges, filing, registration and 5.9(2) of this Agreement relating to impounds for taxes recording fees, excises and assessments shall, levies payable with respect to the Note, this Deed of Trust or the Liens created or secured by the Loan Documents, other than income, franchise and doing business taxes imposed on Beneficiary. If there shall be enacted any law (1) deducting the Loan from the value of the Mortgaged Property for the purpose of taxation, (2) affecting any Lien on the Mortgaged Property, or (3) changing existing laws of taxation of mortgages, deeds of trust, security deeds, or debts secured by real property, or changing the manner of collecting any such taxes, Grantor shall promptly pay to Beneficiary, on demand, all taxes, costs and charges for which Beneficiary is or may be liable as a result thereof; provided, however, if such payment would be prohibited by law or would render the Loan usurious, then instead of collecting such taxes payment, Beneficiary may declare all amounts owing under the Loan Documents to be immediately due and assessments, be deemed compliance with this Section 8.2payable. No Borrower shall suffer or permit the joint assessment of any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower Grantor shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual the Mortgaged Property; however, so long as no Event of Default (following any required notice from the Administrative Agent . Notwithstanding anything to the Borrowers and following the expiration of any applicable cure period) shall existcontrary set forth herein, a Borrower Grantor may contest the validity of such any taxes, claims and demands or Taxes described in this Section 4.19(b) so long as (a1) such Borrower Grantor notifies the Administrative Agent Beneficiary that it intends to contest such claim or demand or Taxesdemand, (b2) such Borrower Grantor provides the Administrative Agent Beneficiary with cash an indemnity, bond or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) Beneficiary assuring the discharge of such BorrowerGrantor’s obligations for such taxes, claims and demands or payment of Taxesdemands, including interest and penalties, and (c3) such Borrower Grantor is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the earlier to occur of (i) the Maturity Date or (ii) the date on which any Individual portion of the Mortgaged Property is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.