15 - Grand Theater Management Agreement

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8/15/18 shall PROJECT be in default under this LEASE for failure to pay any Impositions before the same become delinquent for which the notice of such Impositions shall have been delivered to CITY and not forwarded or delivered to PROJECT at least thirty (30) days before the date the same become delinquent. 2.2. Contest ofImpositions. If the levy of any Imposition shall be deemed by PROJECT to be improper, illegal, or excessive, or if PROJECT desires in good faith to contest an Imposition for any other reason, PROJECT may, at PROJECT's sole cost and expense, dispute and contest the same and file all such protests or other instruments and institute or prosecute all such proceedings for the purpose of contest as PROJECT shall deem necessary and appropriate. CITY will cooperate with PROJECT regarding such protests. Subject to the foregoing, any item of contested Imposition need not be paid until it is finally adjudged to be valid, unless otherwise required by law. PROJECT shall be entitled to any refund of any Imposition (and the penalties or interest thereon) refunded by the levying authority pursuant to any such proceeding or contest, if such Imposition shall have been either (a) paid directly by PROJECT, or (b) shall have been paid directly by CITY and CITY was reimbursed therefor by PROJECT. 2.3. Standing. If PROJECT determines it lacks standing to contest any Impositions imposed by a governmental authority other than CITY, or to obtain an extended payment period for any such non - CITY Impositions, CITY (to the maximum extent allowed by law) and at PROJECT's expense shall join in such contest or otherwise provide PROJECT with sufficient authority to obtain such standing. 2.4. Utilities. PROJECT shall pay all bills for utility, telecommunications, internet service, and any and all other utilities provided to the Theater. ARTICLE 3. Improvements 3.1. Funding. PROJECT shall use best efforts to actively raise funds for the purpose of completing all repair and restoration work necessary to open and operate the Grand Theater. CITY shall support and cooperate in all such efforts to raise and otherwise secure funding for restoration, maintenance, and operations of the theater, including assisting with and supporting the acquisition of local Hotel Occupancy Tax revenues, grant funds, and other sources where applicable and available. 3.2. Reconstruction/restoration. a) PROJECT shall undertake all reasonable measures to perform all work required to return the Grand Theater to its historically accurate look and function. b) CITY shall have the right to review and approve all plans for design and recon- struction/restoration work by PROJECT prior to commencement of said work. c) PROJECT shall comply with all state statutes and city ordinances pertaining to the construction, maintenance, use, and operation of leased facilities, including any required interior sprinklering of the facility as required by fire or other building codes and the 3