Common use of Payment of Taxes and Other Charges Clause in Contracts

Payment of Taxes and Other Charges. (a) The Company will pay and discharge (if they are not otherwise paid by Tenant under the Lease), before the same shall become delinquent, together with interest and penalties thereon, if any, (i) all taxes, assessments (including assessments for benefits from public works or improvements whenever begun or completed), levies, fees, water, sewer, electrical and other utility service rents and charges, and all other governmental charges, general and special, ordinary and extraordinary, and whether or not within the contemplation of the parties hereto, which are at any time levied upon or assessed against it or the Mortgaged Property or any part thereof or upon this Mortgage or the Note secured hereby, or upon the revenues, rents, issues, income and profits in respect of the Mortgaged Property, or arising in respect of the occupancy, use or possession thereof, which failure to pay would result in the creation of a lien upon the Mortgaged Property or any part thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Property or in the diminution thereof or would result in any material interference with the use or operation of the Mortgaged Property by the Company, (ii) all franchise, excise and other taxes, fees and charges assessed, levied or imposed in respect of its existence or its right to do business in any state, (iii) all income, excess profits, excise, sales, franchise, gross receipts and other taxes, duties or imposts, whether of a like or different nature, assessed, levied or imposed by any governmental authority on it or the Mortgaged Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Property if the failure to pay any such tax, duty or impost might result in the creation of a lien upon any asset of the Company or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Property or in the diminution thereof, and whether or not any such tax, duty or impost is payable directly by the Company or is subject to withholding at the source and (iv) all lawful claims and demands of mechanics, laborers, materialmen and others which, if unpaid, might result in the creation of a lien on the Mortgaged Property or upon the revenues, rents, issues, income and profits of the Mortgaged Property and, in general, will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the Company, without expense to the Mortgagee (items (i) through (iv), inclusive, are collectively, the “Taxes”).

Payment of Taxes and Other Charges. (a) The Company Mortgagor will pay and discharge (if they are not otherwise paid by Tenant under the Lease)discharge, before the same shall become delinquent, together with interest and penalties thereon, if any, (ia) all taxes, assessments (including assessments for benefits from public works or improvements whenever begun or completed), levies, fees, water, sewer, electrical water and other utility service sewer rents and charges, and all other governmental charges, general and special, ordinary and extraordinary, and whether or not within the contemplation of the parties hereto, which are at any time levied upon or assessed against it or the Mortgaged Property or any part thereof or upon this Mortgage or the Note Notes secured herebythereby, or upon the revenues, rents, issues, income and profits in respect of the Mortgaged Property, or arising in respect of the occupancy, use or possession thereof, which failure to pay would result in the creation of a lien upon the Mortgaged Property or any part thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Property or in the diminution thereof or would result in any material interference with the use or operation of the Mortgaged Property by the CompanyMortgagor, (iib) all corporate franchise, excise and other taxes, fees and charges assessed, levied or imposed in respect of its corporate existence or its right to do business in any state, (iiic) all income, excess profits, excise, sales, franchise, gross receipts and other taxes, duties or imposts, whether of a like or different nature, assessed, levied or imposed by any governmental authority on it or the Mortgaged Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Property if whether or not the failure to pay any such tax, duty or impost might result in the creation of a lien upon any asset of the Company Mortgagor or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Property or in the diminution thereof, and whether or not any such tax, duty or impost is payable directly by the Company Mortgagor or is subject to withholding at the source and (ivd) all lawful claims and demands of mechanics, laborers, materialmen and others which, if unpaid, might result in the creation of a lien on the Mortgaged Property or upon the revenues, rents, issues, income and profits of the Mortgaged Property and, in general, will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the CompanyMortgagor, without expense to the Mortgagee (items (i) through (iv)Mortgagee. Nothing in this section 2.7 shall require the payment of any sum which is required to be paid by the Mortgagor pursuant to this section 2.7 so long as the Mortgagor shall in good faith contest its obligation so to do by appropriate proceedings which will prevent the forfeiture or sale of any property of the Mortgagor or any material interference with the use or operation thereof by the Mortgagor, inclusiveand shall set up a reserve, are collectivelyreasonably adequate, in the “Taxes”)opinion of the President or any Vice President of the Mortgagor against any such payment.

Payment of Taxes and Other Charges. (a) The Company Grantor will pay and discharge (if they are not otherwise paid by Tenant under the Lease)discharge, before the same shall become delinquent, together with interest and penalties thereon, if any, (ia) all taxes, assessments (including assessments for benefits from public works or improvements whenever begun or completed), levies, fees, water, sewer, electrical water and other utility service sewer rents and charges, and all other governmental charges, general and special, ordinary and extraordinary, and whether or not within the contemplation of the parties hereto, which are at any time levied upon or assessed against it or the Mortgaged Granted Property or any part thereof or upon this Mortgage or the Note Notes secured herebythereby, or upon the revenues, rents, issues, income and profits in respect of the Mortgaged Granted Property, or arising in respect of the occupancy, use or possession thereof, which failure to pay would result in the creation of a lien upon the Mortgaged Granted Property or any part thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property or in the diminution thereof or would result in any material interference with the use or operation of the Mortgaged Granted Property by the CompanyGrantor, (iib) all corporate franchise, excise and other taxes, fees and charges assessed, levied or imposed in respect of its corporate existence or its right to do business in any state, (iiic) all income, excess profits, excise, sales, franchise, gross receipts and other taxes, duties or imposts, whether of a like or different nature, assessed, levied or imposed by any governmental authority on it or the Mortgaged Granted Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property if whether or not the failure to pay any such tax, duty or impost might result in the creation of a lien upon any asset of the Company Grantor or the Mortgaged Granted Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property or in the diminution thereof, and whether or not any such tax, duty or impost is payable directly by the Company Grantor or is subject to withholding at the source and (ivd) all lawful claims and demands of mechanics, laborers, materialmen and others which, if unpaid, might result in the creation of a lien on the Mortgaged Granted Property or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property and, in general, will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the CompanyGrantor, without expense to the Mortgagee (items (i) through (iv)Indenture Trustees or the Security Trustee. Nothing in this section 2.7 shall require the payment of any sum which is required to be paid by the Grantor pursuant to this section 2.7 so long as the Grantor shall in good faith contest its obligation so to do by appropriate proceedings which will prevent the forfeiture or sale of any property of the Grantor or any material interference with the use or operation thereof by the Grantor, inclusiveand shall set up a reserve, are collectivelyreasonably adequate, in the “Taxes”)opinion of the President or any Vice President of the Grantor against any such payment.

Payment of Taxes and Other Charges. (a) The Company Grantor will pay and discharge (if they are not otherwise paid by Tenant under the Lease)discharge, before the same shall become delinquent, together with interest and penalties thereon, if any, (ia) all taxes, assessments (including assessments for benefits from public works or improvements whenever begun or completed), levies, fees, water, sewer, electrical water and other utility service rents and sewer rent sand charges, and all other governmental charges, general and special, ordinary and extraordinary, and whether or not within the contemplation of the parties hereto, which are at any time levied upon or assessed against it or the Mortgaged Granted Property or any part thereof or upon the real property describe din annex A and required to be paid under the terms of the Ground Lease or upon this Mortgage Deed of Trust or the Note Notes secured herebythereby, or upon the revenues, rents, issues, income and profits in respect of the Mortgaged Granted Property, or arising in respect of the occupancy, use or possession thereof, which failure to pay would result in the creation of a lien upon the Mortgaged Granted Property or any part thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property or in the diminution thereof or would result in any material interference with the use or operation of the Mortgaged Granted Property by the CompanyGrantor, (iib) all al corporate franchise, excise and other taxes, fees and charges assessed, levied or imposed in respect of its corporate existence or its right to do business in any state, (iiic) all income, excess profits, excise, sales, franchise, gross receipts and other taxes, duties or imposts, whether of a like or different nature, assessed, levied or imposed by any governmental authority on it or the Mortgaged Granted Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property if whether or not the failure to pay any such tax, duty or impost might result in the creation of a lien upon any assets of the Grantor or the Granted Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Granted Property whether or not the failure to pay any such tax, duty or impost might result in the creation of a lien upon any asset of the Company Grantor or the Mortgaged Granted Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property or in the diminution thereof, and whether or not any such tax, duty or impost is payable directly by the Company Grantor or is subject to withholding at the source and (ivd) all lawful claims and demands of mechanics, laborers, materialmen and others which, if unpaid, might result in the creation of a lien on the Mortgaged Granted Property or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property and, in general, will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the CompanyGrantor, without expense to the Mortgagee (items (i) through (iv)Indenture Trustees. Nothing in this section 2.7 shall require the payment of any sum which is required to be paid by the Grantor pursuant to this section 2.7 so long as the Grantor shall in good faith contest its obligation so to do by appropriate proceedings which will prevent the forfeiture or sale of any property of the Grantor or any material interference with the use or operation thereof by the Grantor, inclusiveand shall set up a a reserve, are collectivelyreasonably adequate, in the “Taxes”)opinion of the President or any Vice President of the Grantor against any such payment.

Payment of Taxes and Other Charges. (a) The Company will pay and discharge (if they are not otherwise paid by Tenant a tenant under the any Lease), before the same shall become delinquent, together with interest and penalties thereon, if any, (i) all taxes, assessments (including assessments for benefits from public works or improvements whenever begun or completed), levies, fees, water, sewer, electrical and other utility service rents and charges, and all other governmental charges, general and special, ordinary and extraordinary, and whether or not within the contemplation of the parties hereto, which are at any time levied upon or assessed against it or the Mortgaged Property or any part thereof or upon this Mortgage or the Note secured herebyIndebtedness Hereby Secured, or upon the revenues, rents, issues, income and profits in respect of the Mortgaged Property, or arising in respect of the occupancy, use or possession thereof, which failure to pay would result in the creation of a lien upon the Mortgaged Property or any part thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Property or in the diminution thereof or would result in any material interference with the use or operation of the Mortgaged Property by the Company, (ii) all franchise, excise and other taxes, fees and charges assessed, levied or imposed in respect of its existence or its right to do business in any state, (iii) all income, excess profits, excise, sales, franchise, gross receipts and other taxes, duties or imposts, whether of a like or different nature, assessed, levied or imposed by any governmental authority on it or the Mortgaged Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Property if the failure to pay any such tax, duty or impost might result in the creation of a lien upon any asset of the Company or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Property or in the diminution thereof, and whether or not any such tax, duty or impost is payable directly by the Company or is subject to withholding at the source and (iv) all lawful claims and demands of mechanics, laborers, materialmen and others which, if unpaid, might result in the creation of a lien on the Mortgaged Property or upon the revenues, rents, issues, income and profits of the Mortgaged Property and, in general, will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the Company, without expense to the Mortgagee (items (i) through (iv), inclusive, are collectively, the “Taxes”).

Payment of Taxes and Other Charges. (a) The Company Grantor will pay and discharge (if they are not otherwise paid by Tenant under the Lease), before the same shall become delinquent, together with interest and penalties thereon, if any, (i) all taxes, assessments (including assessments for benefits from public works or improvements whenever begun or completed), levies, fees, water, sewer, electrical and other utility service rents and charges, and all other governmental charges, general and special, ordinary and extraordinary, and whether or not within the contemplation of the parties hereto, which are at any time levied upon or assessed against it or the Mortgaged Granted Property or any part thereof or upon this Mortgage Deed of Trust or the Note secured hereby, or upon the revenues, rents, issues, income and profits in respect of the Mortgaged Granted Property, or arising in respect of the occupancy, use or possession thereof, which failure to pay would result in the creation of a lien upon the Mortgaged Granted Property or any part thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property or in the diminution thereof or would result in any material interference with the use or operation of the Mortgaged Granted Property by the CompanyGrantor, (ii) all franchise, excise and other taxes, fees and charges assessed, levied or imposed in respect of its existence or its right to do business in any state, (iii) all income, excess profits, excise, sales, franchise, gross receipts and other taxes, duties or imposts, whether of a like or different nature, assessed, levied or imposed by any governmental authority on it or the Mortgaged Granted Property, or any portion thereof, or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property if the failure to pay any such tax, duty or impost might result in the creation of a lien upon any asset of the Company Grantor or the Mortgaged Granted Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property or in the diminution thereof, and whether or not any such tax, duty or impost is payable directly by the Company Grantor or is subject to withholding at the source and (iv) all lawful claims and demands of mechanics, laborers, materialmen and others which, if unpaid, might result in the creation of a lien on the Mortgaged Granted Property or upon the revenues, rents, issues, income and profits of the Mortgaged Granted Property and, in general, will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the CompanyGrantor, without expense to the Mortgagee Beneficiary (items (i) through (iv), inclusive, are collectively, the “Taxes”).