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COM 0439.002 1996-1998
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COM 0439.002 1996-1998
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Last modified
5/13/2008 12:36:57 PM
Creation date
5/10/2008 7:55:01 PM
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Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0439
Point
002
Author
Margarita Hopkins, Economic Development Specialist, Department of Research and Development
Communications - Referred To
COUNCIL
Comments
Council: Close file - 09/3/97
Communications - File Code
FND/OPR
Document Relationships
AGE COUNCIL 09/03/1997 1996-1998
(Related)
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\Council Records\Agendas\1996-1998\Council
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(.A) Lessor may bring such appeal or <br /> proceeding at Lessor's own cost and expense, only after payment <br /> of such taxes, assessments or other charges or impositions if <br /> required by law or regulation for bringing such appeal or <br /> proceeding. <br /> (B) Lessee may bring such appeal or <br /> proceeding at Lessee's own cost and expense, only after payment <br /> of such taxes, assessments or other charges or impositions if <br /> required by law or regulation for bringing such appeal or <br /> proceeding, and Lessee shall indemnify and hold Lessor harmless <br /> against any and all loss, costs or expenses of any kind that may <br /> be incurred by or imposed upon Lessor in connection with such <br /> appeal or proceeding. In addition, Lessee shall comply with the <br /> following procedures: <br /> (1) Lessee shall promptly notify Lesscr <br /> of the institution of any such proceedings to appeal or challenge <br /> any such tax or assessment and shall notify Lessor of the <br /> progress of such proceedings; <br /> (2) Lessee shall in good faith, by <br /> appropriate action diligently pursued contest or cause to be <br /> contested the amount, applicability or validity thereof; <br /> (3) Lessee shall set aside on its <br /> books, reserves (segregated to the extent required by sound <br /> accounting principles) deemed by Lessor to be adequate with <br /> respect thereto; <br /> (4) Lessee shall provide to any <br /> government authority imposing such tax or assessment and to <br /> Lessor a bond or other security to stay enforcement or collection <br /> of such tax or assessment during the pendency of any such <br /> proceedings; and <br /> (5) nonpayment of such tax or <br /> assessment during the pendency of any such proceedings will not <br /> subject the Premises or any part thereof to forfeiture or loss <br /> (or the reasonable probability of forfeiture or loss). <br /> (iv) No Dedication. Due to the experimental <br /> nature of the Quarantine Program and length of the Term of this <br /> Lease, Lessee may not dedicate any portion of the Premises to <br /> agricultural use for real property tax purposes. <br /> (b) Conveyance Tax. Lessee will pay all conveyance <br /> taxes imposed by the State of Hawaii with respect to this Lease, <br /> a memorandum of this Lease, or any amendment to, extension of or <br /> assignment of this Lease, unless an exemption from such taxes is <br /> available to Lessee. <br /> (c) General Excise Tax and Privilege Tax. Any law or <br /> regulation to the contrary notwithstanding, Lessee will pay to <br /> Lessor as additional rent, at the time and together with each <br /> <br /> GLS 081997 12548.6 GLS 2002 064 16 <br /> <br />
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