Common use of Contest by Tenant Clause in Contracts

Contest by Tenant. Subject to Tenant’s obligation to pay Minimum Rent without deduction or offset, [illegible] prior written notice to Landlord, Tenant has the right to contest by appropriate judicial or administrative proceedings, without cost or expense to Landlord, the validity or application of any Laws requiring Tenant to repair, maintain, alter, or replace the Buildings and/or Improvements in whole or in part, and Tenant shall not be in default for failing to do such work until a reasonable time following final determination of Tenant’s contest; provided, however, this right shall not abridge, minimize, or otherwise modify any other applicable provision of this Lease which provision is to remain in full force and effect. If Tenant gives notice of contest, Tenant shall indemnify Landlord against all liability and expenses that Landlord may sustain or incur by reason of Tenant’s failure or delay in complying with the Laws. Landlord may, but is not required to, contest any such Laws independently of Tenant, and may take positions inconsistent with those of Tenant.

Contest by Tenant. Subject to Tenant’s obligation to pay Minimum Rent without deduction or offset, [illegible] on prior written notice to Landlord, Tenant has the right to contest by appropriate judicial or administrative proceedings, without cost or expense to Landlord, the validity or application of any Laws requiring Tenant to repair, maintain, alter, or replace the Buildings and/or Improvements in whole or in part, and Tenant shall not be in default for failing to do such work until a reasonable time following final determination of Tenant’s contest; provided, however, this right shall not abridge, minimize, or otherwise modify any other applicable provision of this Lease which provision is to remain in full force and effect. If Tenant gives notice of contest, Tenant shall indemnify Landlord against all liability and expenses that Landlord may sustain or incur by reason of Tenant’s failure or delay in complying with the Laws. Landlord may, but is not required to, contest any such Laws independently of Tenant, and may take positions inconsistent with those of Tenant.