Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.

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0 0 9 228 2(: Independent Counsel, by non-payment of any such items the lien of the Indenture as to any part of the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event the Lessee shall promptly Pay and cause to be satisfied and discharged all such unpaid items. The Lessor will, at the expense of the Lessee, cooperate fully with the Lessee in "any such contest. Section 6.2. Taxes, Other Governmental Charges and Utility Char es. The Lessee will promptly pay, as the same become uell taxes and governmental charges of any kind whatsoever that_may at any time be lawfully assessed or levied against or wi£horespect to the Project or any interest therein or any machinery, equipment or other property installed or brought4Sy',the Lessee the or thereon (including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the revenues, income or profits of the Lessee from the Project which, if not paid, will become a lien on the Project prior to or on -a paritywith the lien of the Indenture or a charge on the revenues and receipts therefrom prior to or on a parity with the charge thereon and the pledge or assignment thereof to be created and made in the Indenture, and including all ad valorem taxes lawfully assessed upon the land described in Exhibit A.attached hereto and made part hereof) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project or on the land described in Exhibit A attached hereto and made a part hereof; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Lease Term. The Lessee may, at its expense and in its own name and behalf or in the name and behalf of the Lessor, in good faith, contest any such taxes, assessments and other charges, and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom, provided during such period enforcement of any such contested item shall be effectively stayed. The Lessor:, at the expense of the Lessee, will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor or the Trustee may (but shall be VI-2