Common use of Tenant’s Right to Contest Taxes Clause in Contracts

Tenant’s Right to Contest Taxes. (a) Tenant shall have the right, at its cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) of the contested amount or such other reasonable security as may be demanded by Landlord to ensure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including attorneys’ fees), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with the provisions hereof.

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or r maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 120% of the such contested amount or such other reasonable security as may be reasonably demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue ac rue during the period of the contest. Upon the termination of any such proceedings, it shall be the obligation of Tenant to s all pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to t Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with such clause (iii). In the provisions hereofevent enforcement proceedings are commenced with respect to any unpaid Taxes during a contest by Tenant, Landlord shall have the right to pay all amounts which are subject to such Sterling Master Form Lease 11/07/00 enforcement proceedings and Tenant shall reimburse Landlord for such amounts within five (5) days after receipt of written demand therefor from Landlord. Tenant shall indemnify and hold harmless Landlord from any increase in Taxes re tilting from Tenant's exercise of its right to contest Taxes.

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with .together with. all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 120% of the such contested amount or such other reasonable security as may be reasonably demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) ). above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant .Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with such clause (iii). In the provisions hereof.event enforcement proceedings are commenced with respect to any unpaid Taxes during a contest by Tenant, Landlord. shall have the right to pay all amounts which are subject to such enforcement proceedings and Tenant shall reimburse Landlord for such amounts within five (5) days after receipt of written demand therefor from Landlord. Tenant shall indemnify and hold harmless Landlord from any increase in Taxes resulting from Tenant's exercise of its right to contest Taxes

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 120% of the such contested amount or such other reasonable security as may be reasonably demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with such clause (iii). In the provisions hereofevent enforcement proceedings are commenced with respect to any unpaid Taxes during a contest by Tenant, Landlord shall have the right to pay all amounts which are subject to such enforcement proceedings and Tenant shall reimburse Landlord for such amounts within five (5) days after receipt of written demand therefor from Landlord. Tenant shall indemnify and hold harmless Landlord from any increase in Taxes resulting from Tenant's exercise of its right to contest Taxes.

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 120% of the such contested amount or such other reasonable security as may be reasonably demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such .such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with such clause (iii). In the provisions hereofevent enforcement proceedings are commenced with respect to any unpaid Taxes during a contest by Tenant, Landlord shall have the right to pay all amounts which are subject to such enforcement proceedings and Tenant shall reimburse Landlord for such amounts within five (5) days after receipt of written demand therefor from Landlord. Tenant shall indemnify and hold harmless Landlord from any increase in Taxes resulting from Tenant's exercise of its right to contest Taxes.

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 125% of the such contested amount or such other reasonable security as may be demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ feesfees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with the provisions hereofsuch clause (iii).

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes if such contest would threaten Landlord's interest in the Premises and unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 120% of the such contested amount or such other reasonable security as may be reasonably demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination ten11ination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with the provisions hereofsuch clause (iii).

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, ,of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes if such contest would threaten Landlord's interest in the Premises and unless Tenant, at its option: Tenant shall (i1) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, ,as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) Taxes,120% of the such contested amount or such other reasonable security as may be reasonably 01/31/02 demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, ,as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, ,so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, ,if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with the provisions hereofsuch clause (iii).

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, . in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Landlord, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) 120% of the such contested amount or such other reasonable security as may be reasonably demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return returl.1 any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with such clause (iii). In the provisions hereofevent enforcement proceedings are commenced with respect to any unpaid Taxes during a contest by Tenant, Landlord shall have the right to pay all amounts which are subject to such enforcement proceedings and Tenant shall reimburse Landlord for such amounts within five (5) days after receipt of written demand therefor from Landlord. Tenant shall indemnify and hold harn1less Landlord from any increase in Taxes resulting from Tenant's exercise of its right to contest Taxes.

Tenant’s Right to Contest Taxes. (a) 4.3.1 Tenant shall have the right, at its sole cost and expense, to contest the amount or validity, in whole or in part, of any Real Property Taxes of any kind by appropriate proceedings diligently conducted in good faith, but no such contest shall be carried on or maintained by Tenant after the time limit for the payment of any Real Property Taxes unless Tenant, at its option: Tenant shall (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of any Real Property Taxes, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money, or by such undertaking, as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with LandlordXxxxxxxx, as security for the performance by Tenant of its obligations hereunder with respect to such Real Property Taxes, security in the amount, if any, prescribed by applicable law, or if no amount is prescribed by applicable law, in amounts equal to one hundred fifty percent (150%) % of the such contested amount or such other reasonable security as may be demanded by Landlord to ensure insure payment of such contested Real Property Taxes and all penalties, interest, costs and expenses which may accrue during the period of the contest. Upon the termination of any such proceedings, it Tenant shall be the obligation of Tenant to pay the amount of such Real Property Taxes or part thereof, as finally determined in such proceedings, together with any costs, fees (including all reasonable attorneys’ fees' fees and expenses), penalties or other liabilities in connection therewith; provided, however, that if Tenant has deposited cash or cash equivalents with Landlord as security under clause (iii) above, then, so long as no material default exists under this Lease, Landlord shall arrange to pay such Real Property Taxes (or part thereof) together with the applicable costs, fees and liabilities as described above out of such cash or cash equivalents and return any unused balance, if any, to Tenant. Otherwise, Landlord shall return or cause to have returned to Tenant all amounts, if any, held by or on behalf of Landlord which were deposited by Tenant in accordance with the provisions hereofsuch clause (iii).