HomeMy WebLinkAbout1759 ~
{
the Lessor as a substitution in whole or in part for taxes
. assessed or imposed by such State or political subdivisfon
thereof on land and buildinqa and/or personalty, the same
shall be deemed to be included within the term "taxes and
assessments", and the Lessee shall pay and discharqe such
tax or excise on rent. Any obliqation 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 hereof shall be the obliqatfoa
of and shall be paid the Lessee.
. c. The Lessee shall have the right to contest the
amount or validity of any tax or assessment and nothinq
herein shall imply any right on the part of the.Lessee to
defer or.postpone such payrnent for any such purpose unless
'~such proceedinqs 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 E
contested and unpaid, together with all interest and penalties
. in connection therewith and all charges that may or miqht
. be assessed aqainst 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-froia such contest. Upon term-
ination of such proceedinqs, the Lessor shall pay the
amount of any such tax oi assessment or any part thereof
as shall be finally determined by such proceedinqs to be ,
due and payable, together with.any costs, fees, interest,
penalties or liabiYities in connection therewith, from the
monies d~posited by the Lessee, as aforesaid, and shall
- return any remaininq sums to the Lessee without interest.
If at any time durinq the course of such contest proceedinqs
it shall appear to the Lessor that the amount deposited by
the Lessee is or may be insufficient to pay in full the
. amount of the tax and assessment, toqether with all interest, .
~ .penalties and other charges which may be incurred by reason
of the contest proceedings, or if at the termination of
such proceedinqs it shal.l or may appear that the a~ount
, 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 I,essee to do so within thirty (30 ) days of demand there-
~ for the amount theretofore deposited with the Lessor may be _
j ~ applied to the payment, removal and discharge of any then ~
E pendinq and contested tax or assessment, and any delinquency ~
~ shall be treated as unpaid rent. The Lessor, at the Lessee's f
sole expense, shall join in any such proceedinqs if any ~
law shall sa require.
- , d. The Lessee may, if it shall so desire, endeavor
at~'any time to contest the validity of any assessment, or
to obtafn a lawerinq of the assessed valuation upon the
Demised Premises for the purpose of reducing any assessment. -
In such event 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 th,e reasonable judgznent of the Lessor
incur any expense or liability thereby, the Lessqr will
~ execute any documents which may be necessary and proper N
~ for any such proceedinqs. Any refunds shall be the property
of the Lessee to the extent to which it may be based on
~ a'payment of an assessment made by the Lessee.
e. The Leseor may at any time require the Lessee
to deposit funda for the payme.nt of current taxes and assess-
menta oa th~s Demised Premises in a bank or trust company
selected by ths Les~or. Such funds shall be held in the
nama ot t~,s Ls~asa, with, aay is~tereat payabla to the Lessee,
_6_
~oK188 ~1'~
LAW 0//I~L[i 0/ OOIDfTtIN, /AM/K{,Ip,~ CIpNIN ~ SCNiUNK, r.A.. lOfO NORTMtA~T tNAp iTll[R. N011TN MIAMI YEAGH. fIORiDA J~la2
~
, , _ , .
L.~z ~ Y
-
~ ~