Common use of Right to Contest Clause in Contracts

Right to Contest. Notwithstanding any other provision of this Mortgage, Mortgagor will not be deemed to be in default solely by reason of Mortgagor’s failure to comply with any applicable law, rule, regulation or order so long as, in Mortgagee’s judgment, each of the following conditions is satisfied: (i) Mortgagor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability of such law, rule, regulation or order; and (ii) Noncompliance with any such law, rule, regulation or order will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coverage; and (iii) Mortgagor deposits with Mortgagee, as security for any payment or performance which may ultimately be required, a sum equal to the amount of any fine, assessment or charge plus the interest, penalties, and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s contest is unsuccessful. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with the law, rule, regulation or order in question, within thirty (30) days after Mortgagee gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection, Mortgagor will not be deemed to be in default solely by reason of Mortgagor’s failure to comply with pay any applicable lawtax, rule, regulation assessment or order similar governmental charge so long as, in Mortgagee’s judgment, each of the following conditions is satisfied: (i) Mortgagor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such lawtax, rule, regulation assessment or order; andcharge; (ii) Noncompliance with any Mortgagor’s payment of such lawtax, ruleassessment or charge would necessarily and materially prejudice Mortgagor’s prospects for success in such proceedings; (iii) Nonpayment of such tax, regulation assessment, or order charge will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coveragetherein; and (iiiiv) Mortgagor deposits with Mortgagee, as security for any such payment or performance which may ultimately be required, a sum equal to the amount of any finethe disputed tax, assessment or charge plus the interest, penalties, advertising charges and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s contest is unsuccessful. For the avoidance of doubt, the funds required to be deposited with Mortgagee under this paragraph (iv) shall be in addition to all taxes, assessments and other governmental charges that are not being contested and that are subject to the deposit provisions of Section 4.4(b) hereof. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with will pay the lawtax, rule, regulation assessment or order charge in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection, Mortgagor will Borrowers shall not be deemed to be in default solely by reason of Mortgagor’s Borrowers’ failure to comply with pay any applicable law, rule, regulation or order Imposition so long as, in MortgageeLender’s judgment, each of the following conditions is satisfied: (i) Mortgagor is Borrowers are engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such law, rule, regulation or order; andImpositions; (ii) Noncompliance with any Borrowers’ payment of such law, rule, regulation or order Imposition would materially prejudice Borrowers’ prospects for success in such proceedings; (iii) Nonpayment of such Imposition will not result in the loss or forfeiture of any property Property or other Collateral encumbered hereby by the Loan Documents or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coverageLender therein; and (iiiiv) Mortgagor deposits Borrowers deposit with MortgageeLender, as security for any such payment or performance which that may ultimately be required, a sum equal to the amount of any fine, assessment or charge the disputed Imposition plus the interest, penalties, advertising charges, and other costs which Mortgagee reasonably that Lender estimates are likely to become payable if Mortgagor’s Borrowers’ contest is unsuccessful, or posts a bond with the applicable taxing authority having the same effect. For the avoidance of doubt, the funds required to be deposited with Lender under this paragraph (iv) shall be in addition to all taxes, assessments and other governmental charges that are not being contested and that are subject to the deposit provisions of Section 5.1.2(B) hereof. If Mortgagee Lender determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor Borrowers shall comply with pay the law, rule, regulation or order Imposition in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee Lender gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection, Mortgagor will not be deemed to be in default solely by reason of Mortgagor’s 's failure to comply with pay any applicable lawtax, rule, regulation assessment or order similar governmental charge so long as, in Mortgagee’s 's judgment, each of the following conditions is satisfied: (i) Mortgagor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such lawtax, ruleassessment, regulation or ordercharge; and (ii) Noncompliance with any Mortgagor's payment of such lawtax, ruleassessment, regulation or order charge would necessarily and materially prejudice Mortgagor's prospects for success in such proceedings; and (iii) Nonpayment of such tax, assessment, or charge will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coveragetherein; and (iiiiv) Mortgagor deposits with Mortgagee, as security for any such payment or performance which may ultimately be required, a sum equal to the amount of any finethe disputed tax, assessment or charge plus the interest, penalties, advertising charges, and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s 's contest is unsuccessful. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with will pay the lawtax, ruleassessment, regulation or order charge in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection, Mortgagor will not be deemed to be in default solely by reason of Mortgagor’s failure to comply with pay any applicable lawtax, rule, regulation assessment or order similar governmental charge so long as, in Mortgagee’s reasonable judgment, each of the following conditions is satisfied: (i) Mortgagor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such lawtax, ruleassessment, regulation or ordercharge; and (ii) Noncompliance with any Mortgagor’s payment of such lawtax, ruleassessment, regulation or order charge would necessarily and materially prejudice Mortgagor’s prospects for success in such proceedings; and (iii) Nonpayment of such tax, assessment, or charge will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coveragetherein; and (iiiiv) Mortgagor deposits with Mortgagee, as security for any such payment or performance which may ultimately be required, a sum equal to the amount of any finethe disputed tax, assessment or charge plus the interest, penalties, advertising charges, and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s contest is unsuccessful. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with will pay the lawtax, ruleassessment, regulation or order charge in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection 4.4, Mortgagor will not be deemed to be in default solely by reason of Mortgagor’s failure to comply with pay any applicable lawtax, rule, regulation assessment or order similar governmental charge so long as, in Mortgagee’s judgment, each of the following conditions is satisfied: (i) Mortgagor and/or Verizon Tenant is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such lawtax, ruleassessment, regulation or ordercharge; and (ii) Noncompliance with any The payment of such lawtax, ruleassessment, regulation or order charge would necessarily and materially prejudice Mortgagor’s and/or Verizon Tenant’s prospects for success in such proceedings; and (iii) Nonpayment of such tax, assessment, or charge will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coveragetherein; and (iiiiv) Mortgagor deposits or causes to be deposited with Mortgagee, as security for any such payment or performance which may ultimately be required, a sum equal to the amount of any finethe disputed tax, assessment or charge plus the interest, penalties, advertising charges, and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s such contest is unsuccessful. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with will pay the lawtax, ruleassessment, regulation or order charge in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection 5.1.2, Mortgagor will Borrowers shall not be deemed to be in default solely by reason of Mortgagor’s Borrowers’ failure to comply with pay any applicable law, rule, regulation or order Imposition so long as, in MortgageeLender’s judgment, each of the following conditions is satisfied: (i) Mortgagor is Borrowers are engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such law, rule, regulation or order; andImpositions; (ii) Noncompliance with any Borrowers’ payment of such law, rule, regulation Imposition would materially prejudice Borrowers’ prospects for success in such proceedings or order Borrower pays the Impositions under protest; (iii) Nonpayment of such Imposition will not result in the loss or forfeiture of any property Property or other Collateral encumbered hereby by the Loan Documents or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coverageLender therein; and (iiiiv) Mortgagor deposits Borrowers (x) deposit with MortgageeLender, as security for any such payment or performance which that may ultimately be required, a sum equal to the amount of any fine, assessment or charge the disputed Imposition plus the interest, penalties, advertising charges, and other costs which Mortgagee that Lender reasonably estimates are likely to become payable if Mortgagor’s Borrowers’ contest is unsuccessful, or (y) post a bond with the applicable taxing authority having the same effect. For the avoidance of doubt, any funds required to be deposited with Lender under this paragraph (iv) shall be in addition to all taxes, assessments and other governmental charges that are not being contested and that are subject to the deposit provisions of Section 5.1.2(B) hereof. If Mortgagee Lender determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor Borrowers shall comply with pay the law, rule, regulation or order Imposition in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee Lender gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection, Mortgagor will not be deemed to be in default solely by reason of Mortgagor’s failure to comply with pay any applicable lawtax, rule, regulation assessment or order similar governmental charge so long as, in Mortgagee’s judgment, each of the following conditions is satisfied: (i) Mortgagor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such lawtax, ruleassessment, regulation or ordercharge; and (ii) Noncompliance with any Mortgagor’s payment of such lawtax, ruleassessment, regulation or order charge would necessarily and materially prejudice Mortgagor’s prospects for success in such proceedings; and (iii) Nonpayment of such tax, assessment, or charge will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coveragetherein; and (iiiiv) Mortgagor deposits with Mortgagee, as security for any such payment or performance which may ultimately be required, a sum equal to the amount of any finethe disputed tax, assessment or charge plus the interest, penalties, advertising charges, and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s contest is unsuccessful. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with will pay the lawtax, ruleassessment, regulation or order charge in question, together with any interest and penalties thereon, within thirty fifteen (3015) days after Mortgagee gives notice of such determination.

Right to Contest. Notwithstanding any other provision of this MortgageSection, Mortgagor will not be deemed to be in default (and no deposit shall be required under SECTION 4.4(b) above) solely by reason of Mortgagor’s 's failure to comply with pay any applicable lawtax, rule, regulation assessment or order similar governmental charge so long as, in Mortgagee’s 's judgment, each of the following conditions is satisfied: (i) Mortgagor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or applicability amount of such lawtax, ruleassessment, regulation or ordercharge; and (ii) Noncompliance with any Mortgagor's payment of such lawtax, ruleassessment, regulation or order charge would necessarily and materially prejudice Mortgagor's prospects for success in such proceedings; and (iii) Nonpayment of such tax, assessment, or charge will not result in the loss or forfeiture of any property encumbered hereby or any interest of Mortgagee therein or result in any fines or other punitive actions or any loss or impairment of insurance coveragetherein; and (iiiiv) Mortgagor deposits with Mortgagee, as security for any such payment or performance which may ultimately be required, a sum equal to the amount of any finethe disputed tax, assessment or charge plus the interest, penalties, advertising charges, and other costs which Mortgagee reasonably estimates are likely to become payable if Mortgagor’s 's contest is unsuccessful. If Mortgagee determines that any one or more of such conditions is not satisfied or is no longer satisfied, then Mortgagor shall comply with will pay the lawtax, ruleassessment, regulation or order charge in question, together with any interest and penalties thereon, within thirty ten (3010) days after Mortgagee gives notice of such determination.