FORFEITED OR LOST BY REASON OF
SUCH PROTEST OR CONTEST;
(III)
TENANT SHALL EITHER BOND SUCH IMPOSITION OR DEPOSIT WITH LANDLORD, OR
PROVIDE LANDLORD WITH, SECURITY IN AN AMOUNT AND IN FORM AND SUBSTANCE
44
REASONABLY SATISFACTORY TO LANDLORD (IT BEING AGREED THAT AN ACCEPTABLE GUARANTY
OF AN ACCEPTABLE GUARANTOR SHALL BE SECURITY REASONABLY SATISFACTORY TO LANDLORD
UNDER THIS SECTION 4.3(A)(III)) FOR APPLICATION TOWARD THE COST OF CURING OR
REMOVING THE SAME FROM RECORD AND TO SECURE LANDLORD AGAINST ANY LOSS OR DAMAGE
ARISING OUT OF SUCH PROTEST OR CONTEST OR THE DEFERRAL OF TENANT'S PERFORMANCE
OR COMPLIANCE;
(IV)
IF AN IN REM ACTION WITH RESPECT TO THE NON-PAYMENT OF SUCH IMPOSITION
HAS BEEN COMMENCED OR ANY WRIT OR ORDER IS ISSUED UNDER WHICH THE DEMISED
PREMISES AND/OR THE COMMON ELEMENTS, OR ANY PART THEREOF, MAY BE SOLD OR
FORFEITED, TENANT SHALL THEREAFTER DILIGENTLY PROCEED TO CURE OR REMOVE THE SAME
FROM RECORD OR TAKE SUCH OTHER ACTIONS IN LIEU THEREOF AS ARE LEGALLY
PERMISSIBLE TO TOLL OR ENJOIN ANY SUCH ACTION, SALE OR FORFEITURE;
(V)
SUCH PROTEST OR CONTEST SHALL NOT SUBJECT LANDLORD TO PROSECUTION FOR A
CRIMINAL OFFENSE OR A CLAIM FOR CIVIL LIABILITY (IT BEING AGREED THAT ASSESSMENT
OF THE IMPOSITION, TOGETHER WITH INTEREST AND PENALTIES THEREON, SHALL NOT BE
DEEMED CIVIL LIABILITY FOR THE PURPOSE OF THIS CLAUSE);
(VI)
TENANT AGREES IN WRITING TO INDEMNIFY LANDLORD FROM AND AGAINST ANY AND
ALL CLAIMS UPON OR ARISING OUT OF SUCH PROTEST OR CONTEST; AND
(VII)
NO EVENT OF DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING.
(B)
IF TENANT RECEIVES ANY NOTICE THAT TENANT OR THE DEMISED PREMISES AND/OR
THE COMMON ELEMENTS, OR ANY PART THEREOF, IS IN DEFAULT UNDER OR IS NOT IN
COMPLIANCE WITH ANY OF THE FOREGOING SECTIONS 4.3(A)(I) THROUGH
4.3(A)(VII) HEREOF, OR NOTICE OF ANY PROCEEDING INITIATED UNDER OR WITH RESPECT
TO ANY OF THE FOREGOING SECTIONS 4.3(A)(I) THROUGH 4.3(A)(VII) HEREOF, TENANT
WILL PROMPTLY FURNISH A COPY OF SUCH NOTICE TO LANDLORD.
NOTHING HEREIN
CONTAINED, HOWEVER, SHALL BE SO CONSTRUED AS TO ALLOW SUCH IMPOSITION TO REMAIN
UNPAID FOR SUCH LENGTH OF TIME AS SHALL PERMIT THE DEMISED PREMISES AND/OR THE
COMMON ELEMENTS, OR ANY PART THEREOF, TO BE SOLD BY ANY GOVERNMENTAL AUTHORITY
FOR THE NON-PAYMENT OF THE SAME, AND, IF AT ANY TIME IN THE JUDGMENT OF
LANDLORD, REASONABLY EXERCISED, IT SHALL BECOME NECESSARY OR PROPER TO DO SO,
LANDLORD, AFTER NOT LESS THAN TWENTY (20) BUSINESS DAYS' WRITTEN NOTICE TO
TENANT (UNLESS SUCH SALE IS SCHEDULED PRIOR TO THE EXPIRATION OF ANY SHORTER
PERIOD), MAY PAY OR APPLY THE MONEYS DEPOSITED IN ACCORDANCE WITH THIS
SECTION 4.3 OR SO MUCH THEREOF AS MAY BE REQUIRED TO THE PAYMENT OF THE
CHALLENGED IMPOSITION TO PREVENT THE SALE OF THE DEMISED PREMISES AND/OR THE
COMMON ELEMENTS OR ANY PART THEREOF.
IF THE AMOUNT SO DEPOSITED AS AFORESAID
SHALL EXCEED THE AMOUNT REQUIRED TO SATISFY THE CHALLENGED IMPOSITION AS FINALLY
FIXED AND DETERMINED, THE EXCESS (OR THE ENTIRE AMOUNT IF NO SUCH PAYMENT