Assessment Challenges Clause Samples

Assessment Challenges. 6- --------------------- 4.4 Prorations ............................................... -6- ---------- 4.5 Refunds .................................................. -6- ------- 4.6

Assessment Challenges. 4.1 The Company shall have all of the rights and remedies of a taxpayer as if and to the same extent as if the Company were the owner of the Facility or any Future Addition, with respect to any proposed assessment or change in assessment with respect to the Facility or any Future Addition by any of the Affected Tax Jurisdictions and likewise shall be entitled to protest before and be heard by the appropriate assessors or Board of Assessment Review, and shall be entitled to take any and all appropriate appeals or initiate any proceedings to review the validity or amount of any assessment or the validity or amount of any tax equivalent provided for herein. The Company, on its own behalf, and on behalf of its tenants, heirs, successors and assigns, hereby acknowledges and agrees that any such challenge shall not impact or reduce the amount of Base Value, as defined herein, which may not be challenged or reduced in any fashion during the term hereof. The foregoing forbearance from any challenge or protest relating to the amount of Base Value shall survive the assignment or termination of this Agreement and/or the Leaseback Agreement and shall be enforceable by the Agency or any of the Affected Tax Jurisdictions for the contemplated term of this Agreement (December 31, 2044). 4.2 The Company shall have all of the rights and remedies of a taxpayer with respect to any Special Charges as if and to the same extent as if the Company were the owner of the Facility. 4.3 The Company shall (i) use reasonable efforts to cause the appropriate real estate tax assessment office and tax levy officers to assess any Future Addition and apply tax rates to the respective assessments as if the Future Addition were owned by the Company, (ii) file any accounts or tax returns required by the appropriate real estate tax assessment office and tax levy officers.

Assessment Challenges. 15 4.4 Prorations; Payment in Installments...........................................15 4.5 Refunds.......................................................................16 4.6

Assessment Challenges. In addition to Tenant's rights under Article 12, Tenant may, upon notice to Landlord, at Tenant's option and at Tenant's sole cost and expense, protest, appeal, or institute such other proceedings as Tenant may deem appropriate to effect a reduction of real estate or personal property assessments and Landlord, at Tenant's expense as aforesaid, shall fully cooperate with Tenant in such protest, appeal, or other action.

Assessment Challenges. 4.1 During the term of this Agreement, the Company shall not have the rights and remedies of a taxpayer as if and to the same extent as if the Company were the owner of the Facility, with respect to any proposed assessment or change in assessment with respect to the Facility by any of the Affected Tax Jurisdictions and likewise shall not be entitled to protest before and be heard by the appropriate assessors or Board of Assessment Review, and shall not be entitled to take any and all appropriate appeals or initiate any proceedings to review the validity or amount of any assessment or the validity or amount of any tax equivalent provided for herein. 4.2 The Company shall have all of the rights and remedies of a taxpayer with respect to any tax, service charge, special benefit, ad valorem levy, assessment, or special assessment or service charge in lieu of which the Company is obligated to make a payment pursuant to this Agreement, as if and to the same extent as if the Company were the owner of the Facility. 4.3 The Company shall (i) cause the appropriate real estate tax assessment office and tax levy officers to assess the Facility and apply tax rates to the respective assessments as if the Facility were owned by the Company, (ii) file any accounts or tax returns required by the appropriate real estate tax assessment office and tax levy officers.

Assessment Challenges. The Company shall have all of the rights and remedies of a taxpayer as if and to the same extent as if the Company were the owner of the Facility or any Future Addition, with respect to any proposed assessment or change in assessment with respect to the Facility or any Future Addition by any of the Affected Tax Jurisdictions and likewise shall be entitled to protest before and be heard by the appropriate assessors or Board of Assessment Review, and shall be entitled to take any and all appropriate appeals or initiate any proceedings to review the validity or amount of any assessment or the validity or amount of any tax equivalent provided for herein. The Company, on its own behalf, and on behalf of its tenants, heirs, successors and assigns, hereby acknowledges and agrees that any such challenge shall not impact or reduce the amount of Base Value, as defined herein, which may not be challenged or reduced in any fashion during the term hereof. The foregoing forbearance from any challenge or protest relating to the amount of Base Value shall survive the assignment or termination of this Agreement and/or the Leaseback Agreement and shall be enforceable by the Agency or any of the Affected Tax Jurisdictions for the contemplated term of this Agreement (December 31, 2047).

Assessment Challenges. In addition to Subtenant's rights under Article 12, Subtenant may, upon notice to Sublandlord and otherwise in compliance with Article 12, at Subtenant's option and at Subtenant's sole cost and expense, protest, appeal, or institute such other proceedings as Subtenant may deem appropriate to effect a reduction of real estate or personal property assessments and Sublandlord, at Subtenant's expense as aforesaid, shall reasonably cooperate with Subtenant in such protest, appeal, or other action.

Assessment Challenges. 4.1 The Company shall have all of the rights and remedies of a taxpayer as if and to the same extent as if the Company were the owner of the Facility, with respect to any proposed assessment or change in assessment with respect to the Facility by any of the Affected Tax Jurisdictions and likewise shall be entitled to protest before and be heard by the Assessors or Boards of Assessment Review, and shall be entitled to take any and all appropriate appeals or initiate any proceedings to review the validity or amount of any assessment or the validity or amount of any tax equivalent provided for herein. 4.2 The Company shall have all of the rights and remedies of a taxpayer with respect to any tax, service charge, special benefit, ad valorem levy, assessment, or special assessment or service charge in lieu of which the Company is obligated to make a payment pursuant to this Tax Agreement, as if and to the same extent as if the Company were the owner of the Facility.

Assessment Challenges. 4.1 The Company shall have all of the rights and remedies of a taxpayer with respect to any Special Charges as if and to the same extent as if the Company were the owner of the Facility. 4.2 The Company shall file any accounts or tax returns required by the appropriate real estate tax assessment office and tax levy officers and provide information to the Agency as requested from time to time. 4.3 The Company shall file any accounts or tax returns required by the appropriate real estate tax assessment office and tax levy officers and provide information to the Agency as requested from time to time.