Common use of 179 D Benefit Allocation Clause in Contracts

179 D Benefit Allocation. Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through this Agreement with Engineer. 17.20.1 If the Owner and the Internal Revenue Service (IRS) determine that the Engineer is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Engineer could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Engineer hereby agrees to allocate to Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by Owner and Engineer. At its sole discretion, Owner shall determine whether to receive its portion of the Rebate in cash, discounted Engineer fees or both. 17.20.2 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.20.3 Project Engineer agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant.

179 D Benefit Allocation. Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through this Agreement with EngineerProfessional Firm. 17.20.1 19.8.1 If the Owner and the Internal Revenue Service (IRS) determine that the Engineer Professional Firm is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Engineer Professional Firm could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Engineer Professional Firm hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and EngineerProfessional Firm. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Engineer Professional Firm fees or both. 17.20.2 19.8.2 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.20.3 Project Engineer 19.8.3 Professional Firm agrees to cooperate in all reasonable respects with the Consultant's ’s efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant.

179 D Benefit Allocation. Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through this Agreement with Engineer.A/E. 17.20.1 If the Owner and the Internal Revenue Service (IRS) determine that the Engineer A/E is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Engineer A/E could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Engineer A/E hereby agrees to allocate to Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by Owner and Engineer. A/E. At its sole discretion, Owner shall determine whether to receive its portion of the Rebate in cash, discounted Engineer A/E fees or both. 17.20.2 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.20.3 Project Engineer A/E agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant.

179 D Benefit Allocation. Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through this Agreement with EngineerProject Architect. 17.20.1 17.19.1 If the Owner and the Internal Revenue Service (IRS) determine that the Engineer Project Architect is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Engineer Project Architect could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Engineer Project Architect hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and EngineerProject Architect. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Engineer Project Architect fees or both. 17.20.2 17.19.2 Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.20.3 17.19.3 Project Engineer Architect agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant.

179 D Benefit Allocation. Owner may decide to seek the allocation of certain tax benefits pursuant to Section 179D of the Internal Revenue Code of 1986, as amended, (the “Code”) through this Agreement with Engineer. 17.20.1 Professional Firm. If the Owner and the Internal Revenue Service (IRS) determine that the Engineer Professional Firm is eligible to receive the 179D deduction allocation as a “Designer” for the purposes of Section 179D of the Code or that Engineer Professional Firm could otherwise profit financially from the monetization of the benefit (separately and collectively, the “Rebate”), Engineer Professional Firm hereby agrees to allocate to the Owner a portion of the Rebate in an amount to be determined and contracted for on mutually agreeable terms when the value of the Rebate becomes ascertainable, net of associated costs realized by the Owner and EngineerProfessional Firm. At its sole discretion, the Owner shall determine whether to receive its portion of the Rebate in cash, discounted Engineer Professional Firm fees or both. 17.20.2 . Owner reserves the right to retain a third party consultant (the “Consultant”) to manage and administer the process of obtaining and monetizing the Rebate derived from the Project(s). 17.20.3 Project Engineer . Professional Firm agrees to cooperate in all reasonable respects with the Consultant's efforts to obtain and monetize any such Rebates derived from the Project(s) on behalf of the Owner. Certification of eligibility and negotiation of the Rebates should be facilitated by the Owner’s 179D Consultant.