Common use of Permitted Contests in Respect of Applicable Law Clause in Contracts

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents, if, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the ----------------------------------------------- terms of the Loan Documents, if, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents, ifIf, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property any Leased Asset shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the PropertyLessor, or (B) any material risk of (1) foreclosure, forfeiture or loss of the Property, any Leased Asset or any Material material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Propertyany Leased Asset, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property any Leased Asset in any Material material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default or Event of Default has occurred and is continuing continuing, (ii) the Lessee has not elected the Remarketing Option, and (iiiii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Heller Loan Documents, if, to the extent and ext▇▇▇ ▇▇d for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the ▇▇▇▇▇▇ Loan Documents, if, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents, ifIf, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the any Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the LessorLessor and the Agent, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, any Lender or (B) any risk of (1) foreclosure, forfeiture or loss of the such Property, or sale of any Material Property or any material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, any Lender, or the such Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the such Property in any Material material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 12.1 unless a provision of any -15- 17 MASTER LEASE Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default the Lessee has occurred and is continuing not elected the Remarketing Option and (ii) the Lessee pays all related expenses and indemnifies the Lessor and the Participants with respect to its reasonable satisfactionsuch proceedings.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents, ifIf, to the extent ----------------------------------------------- and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the any Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, Lessor or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 15.1 unless a ------------ provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents, ifIf, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the any Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the LessorLessor and the Agent, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, any Lender or (B) any risk of (1) foreclosure, forfeiture or loss of the such Property, or sale of any Material Property or any material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, any Lender, or the such Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the such Property in any Material material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 SECTION 12.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default the Lessee has occurred and is continuing not elected the Remarketing Option and (ii) the Lessee pays all related expenses and indemnifies the Lessor and the Participants with respect to its reasonable satisfactionsuch proceedings.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents, ifIf, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the any Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, variance permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the LessorLessor and the Lender, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, Lender or (B) any risk of (1) foreclosure, forfeiture or loss of the such Property, or any Material material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger risk of (1) the sale of, or the creation of any Lien (other than a Permitted Property Lien) on, any part of the such Property, (2) civil liability being imposed on the Lessor, the Lender, or the such Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the such Property in any Material material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 12.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.brought

Permitted Contests in Respect of Applicable Law. Subject to the terms of the ▇▇▇▇▇▇ Loan DocumentsDocuments and the Ground Lease, if, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.

Permitted Contests in Respect of Applicable Law. Subject to the terms of the Loan Documents and Mezzanine Loan Documents, if, to the extent and for so long as (a) a test, challenge, appeal or proceeding for review of any Applicable Law relating to the Property shall be prosecuted diligently and in good faith in appropriate proceedings by the Lessee or (b) compliance with such Applicable Law shall have been excused or exempted by a valid nonconforming use, variance, permit, waiver, extension or forbearance, the Lessee shall not be required to comply with such Applicable Law but only if and so long as any such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall not, in the reasonable opinion of the Lessor, involve (A) any risk of criminal liability being imposed on the Lessor or the Property, or (B) any risk of (1) foreclosure, forfeiture or loss of the Property, or any Material part thereof, or (2) the nonpayment of Rent or (C) any substantial danger of (1) the sale of, or the creation of any Lien (other than a Permitted Lien) on, any part of the Property, (2) civil liability being imposed on the Lessor, or the Property, or (3) enjoinment of, or interference with, the use, possession or disposition of the Property in any Material respect. The Lessor will not be required to join in any proceedings pursuant to this Section 16.1 unless a provision of any Applicable Law requires that such proceedings be brought by or in the name of the Lessor; and in that event the Lessor will join in the proceedings or permit them or any part thereof to be brought in its name if and so long as (i) no Default has occurred and is continuing and (ii) the Lessee pays all related expenses and indemnifies the Lessor to its reasonable satisfaction.