Common use of Payment of Impositions, etc Clause in Contracts

Payment of Impositions, etc. Mortgagor shall pay, or shall cause Prime Tenant to pay, all taxes, assessments, water rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof and all ground rents, maintenance charges and, other governmental impositions, other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (collectively, the "Impositions") as same become due and payable. Mortgagor will deliver to Mortgagee, upon request, evidence reasonably satisfactory to Mortgagee that the Impositions and all other charges, fees and impositions are not delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged, any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for, or cause to be paid, all utility services provided to the Mortgaged Property. Upon the request of Mortgagee, Mortgagor shall furnish to Mortgagee reasonable evidence of the payment of the Impositions prior to the date that such Impositions would become delinquent and receipts for the payment of the Impositions prior to the date the same shall become delinquent or as soon thereafter as available. After prior written notice to Mortgagee, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Impositions, provided that (i) Mortgagor is not in default under the Note or this Mortgage, (ii) such proceedings shall suspend the collection of the Impositions from Mortgagor and from the Mortgaged Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Mortgagor is subject and shall not constitute a default thereunder, (iv) neither the Mortgaged Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost, (v) Mortgagor shall have set aside adequate reserves for the payment of the Impositions, together with all interest and penalties thereon, and (vi) Mortgagor shall have furnished such security as may be required in the proceeding, or as may be requested by Mortgagee to insure the payment of any such Impositions, together with all interest and penalties thereon; provided, however, so long as (a) the Prime Tenant is the sole tenant of the entire Premises pursuant to the Prime Lease, (b) the Prime Lease is in full force and effect and (c) no default beyond applicable notice and grace period, has occurred under the Prime Lease, the Prime Tenant may contest any Imposition in accordance with the terms of the Prime Lease and the provisions of clauses (i) through (vi) of this paragraph 4.

Payment of Impositions, etc. Mortgagor shall pay, or shall cause Prime Tenant to pay, pay all taxes, assessments, water rates and sewer rents, Impositions now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof and all ground rents, maintenance charges andcharges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (collectively, the "ImpositionsOther Charges") as same become due and payable. Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence reasonably satisfactory to Mortgagee that the Impositions and all other charges, fees and impositions Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged, discharged any lien Xxxx or charge whatsoever which may be or become a lien Lien or charge against the Mortgaged PropertyProperty (except that, and shall promptly pay for, or cause to be paid, all utility services provided to the Mortgaged Property. Upon the request of Mortgagee, Mortgagor shall furnish to Mortgagee reasonable evidence of the payment of the Impositions prior to the date that such Impositions would become delinquent and receipts for the payment of the Impositions prior to the date the same shall become delinquent or as soon thereafter as available. After after prior written notice to Mortgagee, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the ImpositionsImpositions or Other Charges), and shall promptly pay for all utility services (including gas, electricity, steam, water, sewer and any other services or other charges of a similar nature, whether public or private) provided that (i) Mortgagor is not in default under the Note or this Mortgage, (ii) such proceedings shall suspend the collection of the Impositions from Mortgagor and from to the Mortgaged Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Mortgagor is subject and shall not constitute a default thereunder, (iv) neither the Mortgaged Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost, (v) . Mortgagor shall have set aside adequate reserves furnish to Mortgagee or its designee receipts for the payment of real estate taxes prior to the Impositionsdate the same shall become delinquent. Mortgagor will pay all taxes, together charges, filing, registration and recording fees, excises and levies imposed in connection with all interest the recording of this Mortgage or imposed upon Mortgagee by reason of its ownership of this Mortgage, other than income, estate, inheritance, excess profits, franchise and penalties thereondoing business taxes or similar taxes, and shall pay any and all stamp taxes and other taxes required to be paid on the Obligations. In the event Mortgagor fails to make any such payment within thirty (vi30) Mortgagor days after written notice thereof from Mortgagee, then Mortgagee shall have furnished such security as may the right, but shall not be required in obligated to, pay the proceedingamount due and Mortgagor shall, or as may be requested by on demand, reimburse Mortgagee to insure the payment of any such Impositions, together with all interest and penalties thereon; provided, however, so long as (a) the Prime Tenant is the sole tenant of the entire Premises pursuant to the Prime Lease, (b) the Prime Lease is in full force and effect and (c) no default beyond applicable notice and grace period, has occurred under the Prime Lease, the Prime Tenant may contest any Imposition in accordance with the terms of the Prime Lease and the provisions of clauses (i) through (vi) of this paragraph 4for said amount.

Payment of Impositions, etc. Mortgagor The Servicer shall pay, or shall cause Prime Tenant maintain accurate records with respect to pay, all taxes, assessments, water rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof and all ground rents, maintenance charges and, other governmental impositions, other charges, including without limitation vault charges and license fees for Properties reflecting the use status of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (collectively, the "Impositions") as same become due and payable. Mortgagor will deliver to Mortgagee, upon request, evidence reasonably satisfactory to Mortgagee that the Impositions and all other charges, fees and impositions similar items that are not delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged, any lien or charge whatsoever which may be or become a lien or charge against thereon and the Mortgaged Property, and shall promptly pay for, or cause status of insurance premiums payable in respect of any of the insurance policies required to be paid, all utility services provided maintained by the Property Owners (in their capacity as Mortgagor) under Article 13 of the Mortgage. Except to the Mortgaged Property. Upon extent the request of Mortgageesame are paid directly by the Servicer from sums on deposit in the Tax Escrow Account pursuant to the Cash Management Agreement, Mortgagor the Issuer shall furnish supply to Mortgagee reasonable the Servicer evidence of the payment of the Impositions such amounts at least ten (10) Business Days prior to the date applicable penalty or termination dates. To the extent the Servicer has obtained notice of any Impositions (that have or may become a lien on any Mortgaged Property) that have not been paid from sums on deposit in such Impositions would become delinquent Reserve Account or otherwise by the Property Owners on or before the related Due Date and receipts the applicable Property Owner is not contesting such items pursuant to Article 12 of the Mortgage, the Servicer shall obtain all bills for the payment of such items (including renewal premiums) and shall instruct the Impositions applicable Property Owner in writing to effect payment thereof prior to the date applicable penalty or termination date, provided that failure of the Servicer to provide such instruction shall in no way limit the obligation of the applicable Property Owner to timely pay such Impositions nor shall it be a condition for the Servicer to make an advance from its own funds as set forth below. If evidence of such payment is required but not promptly received by the Servicer, the Servicer shall Advance from its own funds (without having any obligation to give any prior notice to the Issuer or the applicable Property Owner but subject to the Servicer's determination that such Advance will not, if made, constitute a Nonrecoverable Advance) amounts payable with respect to all such items related to the Mortgaged Properties when the same shall become delinquent or as soon thereafter as available. After prior written notice to Mortgageedue and payable, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, unless the amount or validity or application in whole or in part of any of the Impositions, provided that Servicer reasonably anticipates (i) Mortgagor is not in default under the Note or this Mortgage, (ii) such proceedings shall suspend the collection of the Impositions from Mortgagor and from the Mortgaged Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument Servicing Standards) that such items will be paid by the Property Owner on or before the same shall become due and payable, in which case the Servicer shall use its best efforts consistent with the Servicing Standards to which Mortgagor is subject confirm whether such items have been paid and shall not constitute a default thereunder, (iv) neither advance such times on the Mortgaged Property nor any part thereof or interest therein will be in danger earlier of being sold, forfeited, terminated, cancelled or lost, (v) Mortgagor shall have set aside adequate reserves for the payment of the Impositions, together with all interest and penalties thereon, and (vi) Mortgagor shall have furnished such security as may be required in the proceeding, or as may be requested by Mortgagee to insure the payment of any such Impositions, together with all interest and penalties thereon; provided, however, so long as (a) the Prime Tenant is the sole tenant of the entire Premises pursuant to the Prime Lease, (b) the Prime Lease is in full force and effect and (c) no default beyond applicable notice and grace period, has occurred under the Prime Lease, the Prime Tenant may contest any Imposition in accordance with the terms of the Prime Lease and the provisions of clauses (i) through the date that is five business days following receipt by the Servicer of confirmation that such items have not been paid by or on behalf of the Property Owner and (viii) 30 days after the same shall become due and payable, which advance shall constitute a Property Protection Advance. The Servicer shall not be obligated to advance from its own funds any amounts required to cure, or pay any other amounts due by reason of, any failure of this paragraph 4any Mortgaged Property to comply with any applicable Legal Requirements (as defined in the Mortgage), including any Environmental Law (as defined in the Mortgage), or to investigate, test, monitor, contain, clean up or remedy an 109 118 environmental condition present at any Mortgaged Property, except to the extent provided in Section 7.7.

Payment of Impositions, etc. Mortgagor shall pay, or shall cause Prime Tenant to pay, pay all taxes, assessments, water rates and sewer rents, Impositions now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof and all ground rents, maintenance charges andcharges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (collectively, the "ImpositionsOther Charges") as same become due and payable. Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence reasonably satisfactory to Mortgagee that the Impositions and all other charges, fees and impositions Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged, discharged any lien Lien or charge whatsoever which may be or become a lien Lien or charge against the Mortgaged PropertyProperty (except that, and shall promptly pay for, or cause to be paid, all utility services provided to the Mortgaged Property. Upon the request of Mortgagee, Mortgagor shall furnish to Mortgagee reasonable evidence of the payment of the Impositions prior to the date that such Impositions would become delinquent and receipts for the payment of the Impositions prior to the date the same shall become delinquent or as soon thereafter as available. After after prior written notice to Mortgagee, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the ImpositionsImpositions or Other Charges), and shall promptly pay for all utility services (including gas, electricity, steam, water, sewer and any other services or other charges of a similar nature, whether public or private) provided that (i) Mortgagor is not in default under the Note or this Mortgage, (ii) such proceedings shall suspend the collection of the Impositions from Mortgagor and from to the Mortgaged Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Mortgagor is subject and shall not constitute a default thereunder, (iv) neither the Mortgaged Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost, (v) . Mortgagor shall have set aside adequate reserves furnish to Mortgagee or its designee receipts for the payment of real estate taxes prior to the Impositionsdate the same shall become delinquent. Mortgagor will pay all taxes, together charges, filing, registration xxx xxxxxding fees, excises and levies imposed in connection with all interest the recording of this Mortgage or imposed upon Mortgagee by reason of its ownership of this Mortgage, other than income, estate, inheritance, excess profits, franchise and penalties thereondoing business taxes or similar taxes, and shall pay any and all stamp taxes and other taxes required to be paid on the Obligations. In the event Mortgagor fails to make any such payment within thirty (vi30) Mortgagor days after written notice thereof from Mortgagee, then Mortgagee shall have furnished such security as may the right, but shall not be required in obligated to, pay the proceedingamount due and Mortgagor shall, or as may be requested by on demand, reimburse Mortgagee to insure the payment of any such Impositions, together with all interest and penalties thereon; provided, however, so long as (a) the Prime Tenant is the sole tenant of the entire Premises pursuant to the Prime Lease, (b) the Prime Lease is in full force and effect and (c) no default beyond applicable notice and grace period, has occurred under the Prime Lease, the Prime Tenant may contest any Imposition in accordance with the terms of the Prime Lease and the provisions of clauses (i) through (vi) of this paragraph 4for said amount.