Contesting Taxes. Tenant shall have the privilege, before delinquency occurs, of contesting the legality or amount of any such Taxes levied against the Premises in the name of Tenant, or, with Landlord’s consent, not to be unreasonably withheld, conditioned or delayed, both Landlord and Tenant. If Tenant, in good faith, believes such Taxes to be illegal or excessive, then Tenant may defer payment thereof as long as Tenant, at its sole cost and expense, shall diligently and in good faith contest the existence, amount or validity thereof by appropriate proceeding, provided such contest shall not subject Landlord to the risk of any civil or criminal liability; provided, however, that if payment of the whole or any part thereof becomes necessary to prevent the forfeiture of title to or a sale of the Premises, or to prevent eviction of either Landlord or Tenant because of non-payment thereof, Tenant shall pay the same to prevent such forfeiture, sale or eviction. Any such contest, in the first instance, shall be at the cost and expense of Tenant. Each refund of such Taxes so contested shall be paid to Landlord, but Landlord shall promptly remit to Tenant, upon receipt of such refund, all costs and expenses of such contest advanced by Tenant before retention or distribution, as the case may be, of the balance of such refund. Thereafter, Landlord shall promptly remit the balance of such refund to Tenant if Tenant has paid such Taxes. If Landlord receives a reimbursement, refund, credit or other retroactive adjustment of Taxes after Tenant has paid the same, Landlord shall promptly remit to Tenant upon receipt, such reimbursement, refund, credit or other retroactive adjustment, which payment obligation shall survive the Expiration Date of this Lease. The foregoing right of contest shall equally extend to any right to apply for or to request an abatement, deferral or reduction of Taxes relating to or arising from the completion or installation of any alterations or improvements to the Premises.
Contesting Taxes. Tenant and Landlord shall cooperate in good faith with one another to contest or review in good faith by legal proceedings, as permitted under applicable law, any assessed valuation, real estate tax, or assessment with respect to the Premises; provided that, unless either party has paid such tax or assessment under protest, Tenant shall furnish to Landlord proof reasonably satisfactory to Landlord that such protest or contest may be maintained without payment under protest. If requested by Tenant, Landlord shall join in any proceeding for contest or review of such taxes or assessments, but the entire cost of the proceedings shall be paid by Tenant. Notwithstanding the foregoing, if the Premises are included in a tax parcel with ot he r land owned or leased by Landlord, then if requested by Landlord, Tenant shall join in any proceeding for contesting such taxes or assessments and the entire costs of the proceedings shall be allocated between Landlord and Tenant in the same percentages as the taxes as described in Section 3.2(a).
Contesting Taxes. .1 Tenant may, at its expense, appeal or contest the taxes, assessments and other amounts payable as described in section 6.2 but such appeal or contest shall be limited to the assessment of the Premises alone and not to any other part of the Building or the Lands and provided Tenant first gives Landlord written notice of its intention to do so, and consults with Landlord, and provides such security as Landlord requires and obtains Landlord’s prior written approval.
Contesting Taxes. Tenant shall have the right to contest or review by legal proceedings, as permitted under applicable law, any assessed valuation, real estate tax, or assessment; provided that, unless Tenant has paid such tax or assessment under protest, Tenant shall furnish to Landlord (a) proof reasonably satisfactory to Landlord that such protest or contest may be maintained without payment under protest, and if not, (b) a surety bond or other security reasonably satisfactory to Landlord securing the payment of such contested item or items and all interest, penalty and cost in connection therewith upon the final determination of such contest or review. Landlord shall, if it determines it is reasonable to do so, and if so requested by Tenant, join in any proceeding for contest or review of such taxes or assessments, but the entire cost of such joinder in the proceedings (including all costs, expenses, and attorneys’ fees reasonably sustained by Landlord in connection therewith) shall be borne by Tenant. Any amount already paid by Tenant and subsequently recovered as the result of such contest or review shall be for the account of Tenant.
Contesting Taxes. LANDLORD agrees to use its reasonable and affirmative best efforts to contest any tax, fee or assessment wholly or partially paid or reimbursed by TENANT to the same extent as LANDLORD would contest the same if LANDLORD had paid the tax, fee or assessment itself without reimbursement. LANDLORD shall reimburse TENANT for TENANT Proportionate Share of any and all amounts recovered by LANDLORD as a result of such contest.
Contesting Taxes. If Landlord contests any Taxes levied or assessed during the Term, Tenant shall pay to Landlord that portion of all costs incurred by Landlord in connection with such contest, pursuant to the formula set forth in Section 9.1(c) for the allocation of Taxes. If Landlord receives a refund pursuant to its contest of any Taxes, then, provided Tenant has paid its share of the total Taxes and its share of the costs incurred by Landlord in connection with such contest as required by this Article 9, Landlord shall reimburse Tenant that portion of the total refund prorated in the same manner as set forth in Section 9.1(c).
Contesting Taxes. If Lessee in good faith desires to contest the validity or the amount of any Tax, Lessee will be permitted to do so by giving to Landlord written notice thereof before commencement of such contest. Landlord will, at Xxxxxx’s expense (including reimbursement of attorney fees reasonably incurred by Landlord), cooperate with Lessee in any such contest to the extent that Lessee may reasonably request, but Landlord will not be subject to any liability for the Payment of any costs or expenses in connection with any proceeding brought by Xxxxxx, and Xxxxxx will indemnify, defend (subject to ORS chapter 180), save, and hold Landlord harmless from any such costs or expenses. Any rebates on account of the Taxes required to be paid and paid by Lessee under the provisions of this Lease will belong to Lessee.
Contesting Taxes. Tenant shall have the right to contest any Taxes, at its own cost and in its own name; provided, however, that Tenant shall take such steps as may be required to perfect the contest, including payment of the Taxes under protest prior to an appeal of adverse determination of the contest, provided, further, that in no event shall Tenant protest its possessory interest tax so that the assessed value with respect to Tenant’s interest in the Premises is less than the assessed value imposed by the County Tax Assessor in the fiscal year following the fiscal year in which the Project Improvements are completed. Upon final determination of any such contest (and if the Taxes have not already been paid under protest), Tenant shall pay the Taxes for which it is responsible hereunder as they are finally determined and all penalties, interest, costs, and expenses which may thereupon be due or have resulted therefrom. If Tenant contests any Taxes and such contest interferes with any proposed sale, financing or refinancing affecting the Premises, which Landlord has either commenced or is about to commence, upon Landlord’s written request, Tenant shall either furnish to Landlord security in the amount of such contested Taxes, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount.
Contesting Taxes. If lessee shall in good faith desire to contest the validity or amount of any tax, assessment, levy, or other governmental charge herein agreed to be paid by lessee, lessee shall be permitted to do so, and to defer the payment of such tax or charge, the validity or amount of which lessee is so contesting, until final determination of the contest, on giving to lessor written notice thereof prior to the commencement of any such contest, which shall be at least. thirty (30) days prior to delinquency, and on protecting lessor on demand by a good and sufficient surety bond against any such tax, levy, assessment, rate, or governmental charge, and from any costs, liability, or damage arising out of any such contest.
Contesting Taxes. Lessee may, upon reasonable prior notice to Landlord, contest the amount or validity, in whole or in part, of any Taxes at its sole expense, only after paying such Taxes or posting such security as Landlord may reasonably require in order to protect the Premises against loss or forfeiture. Upon the termination of any such proceedings, Lessee shall pay the amount of such Taxes or part of such Taxes as finally determined, together with any costs, fees, interest penalties, or other related liabilities. Landlord shall reasonably cooperate with Lessee in contesting any Taxes, provided Landlord incurs no expense or liability in doing so.
