THE DATE ON WHICH SUCH SUMS BECOME DELINQUENT. TENANT WILL DELIVER TO LANDLORD,
UPON REQUEST, RECEIPTS FOR PAYMENT OR OTHER EVIDENCE SATISFACTORY TO LANDLORD
THAT THE TAXES AND OTHER CHARGES HAVE BEEN SO PAID (PROVIDED TENANT SHALL NOT BE
REQUIRED TO FURNISH SUCH RECEIPTS FOR PAYMENT OF TAXES IN THE EVENT SUCH TAXES
HAVE BEEN (OR WERE TO HAVE BEEN) PAID BY LANDLORD OR LANDLORD'S LENDER PURSUANT
TO SECTION 3.1(D) OR (F) OR LANDLORD'S LOAN DOCUMENTS). SUBJECT TO THE
PROVISIONS OF SECTION 6.1(B)(II) AND OTHER THAN PERMITTED ENCUMBRANCES, TENANT
SHALL NOT SUFFER AND SHALL PROMPTLY CAUSE TO BE PAID AND DISCHARGED ANY LIEN OR
CHARGE WHATSOEVER WHICH MAY BE OR BECOME A LIEN OR CHARGE AGAINST THE LEASED
PROPERTY, AND SHALL PROMPTLY PAY FOR ALL UTILITY SERVICES PROVIDED TO THE LEASED
PROPERTY. SUBJECT TO SECTION 6.1(B)(II), TENANT SHALL PAY, BOND OR OTHERWISE
DISCHARGE, FROM TIME TO TIME WHEN THE SAME SHALL BECOME DUE, ALL CLAIMS AND
DEMANDS OF MECHANICS, MATERIALMEN, LABORERS AND OTHERS THAT, IF UNPAID, MIGHT
RESULT IN, OR PERMIT THE CREATION OF, A LIEN OR ENCUMBRANCE ON THE LEASED
PROPERTY, OR ON THE RENTS ARISING THEREFROM.
(II)
AFTER PRIOR WRITTEN NOTICE TO LANDLORD, TENANT, AT ITS OWN
EXPENSE, MAY CONTEST BY APPROPRIATE LEGAL, ADMINISTRATIVE OR OTHER PROCEEDING,
PROMPTLY INITIATED AND CONDUCTED IN GOOD FAITH AND WITH DUE DILIGENCE, THE
AMOUNT OR VALIDITY OR APPLICATION IN WHOLE OR IN PART OF ANY TAXES OR OTHER
CHARGES OR LIEN THEREFOR OR ANY LEGAL REQUIREMENT OR INSURANCE REQUIREMENT OR
THE APPLICATION OF ANY INSTRUMENT OF RECORD AFFECTING THE LEASED PROPERTY (OTHER
THAN THIS LEASE OR LANDLORD'S LOAN DOCUMENTS) OR ANY CLAIMS OR JUDGMENTS OF
MECHANICS, MATERIALMEN, SUPPLIERS, VENDORS OR OTHER PERSONS OR ANY LIEN
THEREFOR, AND MAY WITHHOLD PAYMENT OF THE SAME PENDING SUCH PROCEEDINGS IF
PERMITTED BY LAW; PROVIDED THAT (A) NO EVENT OF DEFAULT HAS OCCURRED AND REMAINS
UNCURED, EXCEPT FOR AN EVENT OF DEFAULT CAUSED BY THE MATTER BEING CONTESTED,
(B) SUCH PROCEEDING SHALL SUSPEND ANY COLLECTION OF THE CONTESTED TAXES, OTHER
CHARGES OR LIENS FROM THE LEASED PROPERTY, TENANT OR LANDLORD, (C) SUCH
PROCEEDING SHALL BE PERMITTED UNDER AND BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF ANY OTHER INSTRUMENT TO WHICH TENANT IS SUBJECT AND SHALL NOT
CONSTITUTE A DEFAULT THEREUNDER, (D) NEITHER THE LEASED PROPERTY NOR ANY PART
THEREOF OR INTEREST THEREIN WILL BE IN DANGER OF BEING SOLD, FORFEITED,
TERMINATED, CANCELED OR LOST, (E) (X) WITH RESPECT TO ANY CONTESTED TAXES OR
OTHER CHARGES OR LIENS WHERE THE FAILURE TO PAY THE SAME, IF THE CONTEST IS
DETERMINED ADVERSELY TO TENANT, WOULD RESULT IN A LIEN SENIOR TO THE LIEN OF
LANDLORD'S LENDER OR THE INTEREST OF TENANT HEREUNDER (EXCLUDING, HOWEVER, ANY
"CAM" OR COMMON AREA MAINTENANCE OR SIMILAR CHARGES PAYABLE UNDER PROPERTY
DOCUMENTS), THEN TENANT SHALL HAVE FURNISHED LANDLORD WITH ELIGIBLE COLLATERAL
AS SECURITY (IN AN AMOUNT REASONABLY APPROVED BY LANDLORD AND REQUIRED BY
20
LANDLORD'S LOAN DOCUMENTS) TO INSURE THE PAYMENT OF ANY SUCH TAXES OR OTHER
CHARGES, IN EACH CASE