HomeMy WebLinkAbout0610 the Lessor as a substitution in whole or in part for taxes •
assessed or imposed by such State or political subdivision
thereof on land and buildings and/or personalty, the same
shall be deemed to be included within the term "taxes and
assessments", and the Lessee shall pay and discharge such
tax or excise on rent. Any obligation in the nature of
a"sales tax" or "use tax" that shall become due or
payable by reason of the rentals payable by the Lessee
under the terms and provions he~eof shall be the obligation
of and shall be paid the Lessee.
c. The Lessee shall have the right to contest the
amount or validity of any tax or assessrnent and nothing
herein shall imply any right on the part of the Lessee to
defer or postpone such payment for any such purpose unless
such proceedings shall operate to prevent or stay the
collection of the tax or assessment so contested and the
Lessee shall have deposited with the Lessor the amount so
contested and unpaid, together with all interest and penalties
in connection therewith and all charges that may or might
be assessed against or become a charge or lien on the
Demised Premises, or any part thereof, by reason of such contest
or by reason of the delay in the payment of the tax or
assessment which may result from such contest. Upon term-
ination oF such proceedings, the Lessar shall pay the
amount of any such tax or assessment or any part thereof
as shall be finally d~etermined by such proceedings to be
due and payable, together with any costs, fees, interest,
penalties or liabilities in connection therewith, from the
monies deposited by the Lessee, as aforesaid, and shall
return any remaining sums to the Lessee without interest.
If at any time during the course of such contest proceedings
it shall appear to the I~essor that the aii2ount deposited by
the Lessee is or may be insufficient to pay in full the
amount of the tax and assessment, together with all interest,
penalties and other charges which may be incurred by reason
of the contest proceedings, or if at the termination of
such proceedings it shall or may appear that the amount
deposited by the Lessee is insufficient to pay in full the
amount found to be due, the Lessor shall have the right
to require the Lessee to deposit such additional sums
as the Lessor may reasonably request, and upon failure of
the Lessee to do so within thirty (3c~) days of demand there-
for the amount theretofore dEposited with the Lessor may be
applied to the payment, removal and discharge of any then
pending and contested tax or assessment, and any delinquency
shall be treated as unpaid rent. The Lessor, at the Lessee's
sole expense, shall join in any such proceedings if any
law shall so require.
. d. The Lessee may, if it shall so desire, en~eav~r
at any time to contest the validity of any assessment, or
- to--obtain--a- ~vweri~g-o€ the assessed-va~uation upon _.th~ -
Demised Premises for the purpose of reducing any assessment.
In such ~vent the Lessor will offer no objection and at the
request of the Lessee, without expense to the Lessor, will
cooperate with the Lessee. If requested by the Lessee, and
provided he will not in the reasonable judgment of the Lessor
incur any expense or liability thereby, the Lessor will
execute any documents which may be necessary and proper
for any such proceedings. Any refunds shall be the property
of the Lessee to the extent to which it may be based on
a paym~nt oE an assessment made by the Lessee.
e. The Lessor may at any time require the Lessee
to deposit funds for the payment of current taxes and assess-
ments on the Demised Premises in a bank or trust company
selected by the Lessor. Such funds shall be held in the
name of the Lessee, with any interest payable to ~he Lessee,
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6~~K 187 ~~Q
LAW OFFICES OF GOLDST[IN. FRANKLIN. CHONIN Q SCHRANK, P. A.. 2C20 NORTNEAST 1a3nD STREET. NORTH MtAMI @EACN, F40RIDA 33162
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