Common use of Additional Amounts in Lieu of Taxes Clause in Contracts

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (such structural additions and additional buildings and other structures being hereinafter referred to as “Additional Facilities”) the Company agrees to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes with respect to such Additional Facilities, such Additional Payments to be computed separately for each Taxing Entity as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that would be payable to each Taxing Entity with respect to such Additional Facilities if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of such Additional Facilities determined pursuant to subsection (D) of this Section 2.02 by (b) the tax rate or rates of such Taxing Entity that would be applicable to such Additional Facilities if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein. (2) In each fiscal tax year during the term of this Agreement (commencing in the fiscal tax year when such Additional Facilities would first appear on the assessment roll of any Taxing Entity, if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein), the amount payable by the Company to the Receivers of Taxes on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Agreement shall be an amount equal to one hundred percent (100%) of the Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax year (unless the Agency and the Company shall enter into a separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (such structural additions and additional buildings and other structures being hereinafter referred to as “Additional Facilities”) the Real Estate Holding Company agrees and the Operating Company agree, jointly and severally, to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes Agency with respect to such Additional Facilities, such Additional Payments to be computed separately for each Taxing Entity as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that would be payable to each Taxing Entity with respect to such Additional Facilities if such Additional Facilities were owned by the Real Estate Holding Company and the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of such Additional Facilities determined pursuant to subsection (D) of this Section 2.02 by (b) the tax rate or rates of such Taxing Entity that would be applicable to such Additional Facilities if such Additional Facilities were owned by the Real Estate Holding Company and the Agency did not have a leasehold interest therein, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Real Estate Holding Company by such Taxing Entity if such Additional Facilities were owned by the Real Estate Holding Company and the Agency did not have a leasehold interest therein. (2) In each fiscal tax year during the term of this Payment in Lieu of Tax Agreement (commencing in the fiscal tax year when such Additional Facilities would first appear on the assessment roll of any Taxing Entity, as if such Additional Facilities were owned by the Real Estate Holding Company and the Agency did not have a leasehold interest therein), the amount payable by the Real Estate Holding Company and the Operating Agreement to the Receivers of Taxes Agency on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Payment in Lieu of Tax Agreement shall be an amount equal to one hundred percent (100%) of the Additional Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax year (unless the Agency Agency, the Real Estate Holding Company and the Operating Company shall enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement Facilities shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (such structural additions and additional buildings and other structures being hereinafter referred to as “Additional Facilities”) ), the Company agrees to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being hereinafter collectively referred to as “Additional Payments”) to the Receiver Receivers of Taxes with respect to such Additional Facilities, such Additional Payments to be computed separately for each Taxing Entity as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that which would be payable to each Taxing Entity with respect to such Additional Facilities if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest therein as follows: by multiplying (a) multiply the Additional additional Assessed Value (as hereinafter defined) of such Additional Facilities determined pursuant to subsection (DB)(3) of this Section 2.02 2.02, by (b) the tax rate or rates of such Taxing Entity that would be applicable to such Additional Facilities if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest thereinAgency, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest thereinAgency. (2) In each fiscal tax calendar year during the term of this Agreement (commencing in the fiscal tax calendar year when such Additional Facilities would first appear on the assessment roll of any Taxing Entity, if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein), the amount payable by the Company to the Receivers of Taxes on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Agreement shall be an amount equal to one hundred percent (100%) of the Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax calendar year (unless the Agency and the Company shall enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (each such structural additions and addition, additional buildings and building or other structures structure being hereinafter referred to as an “Additional FacilitiesFacility”) the Company agrees to make additional annual payments in lieu of on property taxes with respect to such Additional Facilities (such additional payments being will only be generated for improvements made after the $4,100,000.00 of improvements contemplated herein are completed and are hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes Agency with respect to each such Additional FacilitiesFacility, such Additional Payments to be computed separately for each Affected Taxing Entity Jurisdiction and tax parcel as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that upon each Additional Facility which would be payable to each Affected Taxing Entity with respect to such Additional Facilities Jurisdiction if such Additional Facilities were Facility was owned by the Company and not the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of each such Additional Facilities Facility determined pursuant to subsection (DF) of this Section 2.02 2.2 by (b) the tax rate or rates of such Affected Taxing Entity Jurisdiction that would be applicable to each such Additional Facilities Facility if such Additional Facilities were Facility was owned by the Company and not the Agency did not have a leasehold interest therein, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest thereinAgency. (2) In each fiscal tax year during the term of this Agreement (Payment in Lieu of Tax Agreement, commencing in the fiscal tax year when such Additional Facilities Facility would first appear on the assessment roll of any Affected Taxing Entity, if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein)Jurisdiction, the amount payable by the Company to the Receivers of Taxes Agency on behalf of each Affected Taxing Entity Jurisdiction as a payment in lieu of property tax with respect to such Additional Facilities Facility pursuant to this Payment in Lieu of Tax Agreement shall be an amount equal to one hundred percent (100%) the applicable percentage of the Normal Tax due each Affected Taxing Entity Jurisdiction with respect to such Additional Facilities Facility for such fiscal tax year (unless determined under Section 2.2(B) and as shown in the following table: Tax Year Commencing during Fiscal Year when Additional Facility would First Appear Percentage of on Assessment Roll Normal Tax_ 1 50% And thereafter during the term of this Payment in Lieu of Tax Agreement. If the Company and the Agency desire, the Agency and the Company shall may enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional FacilitiesFacility as provided in Section 5.5, in which case the provisions of such separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (each such structural additions and addition, additional buildings and building or other structures structure being hereinafter referred to as an “Additional FacilitiesFacility”) the Company agrees to make additional annual payments in lieu of on property taxes with respect to such Additional Facilities (such additional payments being will only be generated for improvements made after the $66,172,035.00 of improvements contemplated herein are completed and are hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes Agency with respect to each such Additional FacilitiesFacility, such Additional Payments to be computed separately for each Affected Taxing Entity Jurisdiction and tax parcel as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that upon each Additional Facility which would be payable to each Affected Taxing Entity with respect to such Additional Facilities Jurisdiction if such Additional Facilities were Facility was owned by the Company and not the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of each such Additional Facilities Facility determined pursuant to subsection (DF) of this Section 2.02 2.2 by (b) the tax rate or rates of such Affected Taxing Entity Jurisdiction that would be applicable to each such Additional Facilities Facility if such Additional Facilities were Facility was owned by the Company and not the Agency did not have a leasehold interest therein, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest thereinAgency. (2) In each fiscal tax year during the term of this Agreement (Payment in Lieu of Tax Agreement, commencing in the fiscal tax year when such Additional Facilities Facility would first appear on the assessment roll of any Affected Taxing Entity, if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein)Jurisdiction, the amount payable by the Company to the Receivers of Taxes Agency on behalf of each Affected Taxing Entity Jurisdiction as a payment in lieu of property tax with respect to such Additional Facilities Facility pursuant to this Payment in Lieu of Tax Agreement shall be an amount equal to one hundred percent (100%) the applicable percentage of the Normal Tax due each Affected Taxing Entity Jurisdiction with respect to such Additional Facilities Facility for such fiscal tax year (unless determined under Section 2.2(B) and as shown in the following table: on Assessment Roll Normal Tax_ 1 50% 2 55% 3 60% 4 65% 5 70% 6 75% 7 80% And thereafter during the term of this Payment in Lieu of Tax Agreement. If the Company and the Agency desire, the Agency and the Company shall may enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional FacilitiesFacility as provided in Section 5.5, in which case the provisions of such separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (such structural additions and additional buildings and other structures being hereinafter referred to as “Additional Facilities”) the Real Estate Owner and the Operating Company agrees agree to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes with respect to such Additional Facilities, such Additional Payments to be computed separately for each Taxing Entity as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that which would be payable to each Taxing Entity with respect to such Additional Facilities if such Additional Facilities were owned by the Company Real Estate Owner and the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of such Additional Facilities determined pursuant to subsection (D) of this Section 2.02 by (b) the tax rate or rates of such Taxing Entity that would be applicable to such Additional Facilities if such Additional Facilities were owned by the Company Real Estate Owner and the Agency did not have a leasehold interest therein, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company Real Estate Owner by such Taxing Entity if such Additional Facilities were owned by the Company Real Estate Owner and the Agency did not have a leasehold interest therein. (2) In each fiscal tax year during the term of this Payment in Lieu of Tax Agreement (commencing in the fiscal tax year when such Additional Facilities would first appear on the assessment roll of any Taxing Entity, as if such Additional Facilities were owned by the Company Real Estate Owner and the Agency did not have a leasehold interest therein), the amount payable by the Real Estate Owner and the Operating Company to the Receivers Receiver of Taxes on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Payment in Lieu of Tax Agreement shall be an amount equal to one hundred percent (100%) of the Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax year (unless the Agency Agency, the Real Estate Owner and the Operating Company shall enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (such structural additions and additional buildings and other structures being hereinafter referred to as “Additional Facilities”) the Company agrees and the Operating Company agree, jointly and severally, to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes with respect to such Additional Facilities, such Additional Payments to be computed separately for each Taxing Entity as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that which would be payable to each Taxing Entity with respect to such Additional Facilities if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of such Additional Facilities determined pursuant to subsection (D) of this Section 2.02 by (b) the tax rate or rates of such Taxing Entity that would be applicable to such Additional Facilities if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein. (2) In each fiscal tax year during the term of this Payment in Lieu of Tax Agreement (commencing in the fiscal tax year when such Additional Facilities would first appear on the assessment roll of any Taxing Entity, as if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein), the amount payable by the Company and the Operating Agreement to the Receivers Receiver of Taxes on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Payment in Lieu of Tax Agreement shall be an amount equal to one hundred percent (100%) of the Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax year (unless the Agency Agency, the Company and the Operating Company shall enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” (each such structural additions and addition, additional buildings and building or other structures structure being hereinafter referred to as an “Additional FacilitiesFacility”) the Company agrees to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being will only be generated for improvements made after completion of the acquisition, construction and equipping of the Facility and are hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes Agency with respect to each such Additional FacilitiesFacility, such Additional Payments to be computed separately for each Affected Taxing Entity Jurisdiction and tax parcel as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that upon each Additional Facility which would be payable to each Affected Taxing Entity with respect to such Additional Facilities Jurisdiction if such Additional Facilities were Facility was owned by the Company and not the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of each such Additional Facilities Facility determined pursuant to subsection (D) of this Section 2.02 2.2 by (b) the tax rate or rates of such Affected Taxing Entity Jurisdiction that would be applicable to each such Additional Facilities Facility if such Additional Facilities were Facility was owned by the Company and not the Agency did not have a leasehold interest therein, and Agency. (c2) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by If the Company and the Agency did not have a leasehold interest therein. (2) In each fiscal tax year during the term of this Agreement (commencing in the fiscal tax year when such Additional Facilities would first appear on the assessment roll of any Taxing Entitydesire, if such Additional Facilities were owned by the Company and the Agency did not have a leasehold interest therein), the amount payable by the Company to the Receivers of Taxes on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Agreement shall be an amount equal to one hundred percent (100%) of the Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax year (unless the Agency and the Company shall may enter into a separate written Agreement agreement regarding payments in lieu of property taxes with respect to such Additional FacilitiesFacility as provided in Section 5.5, in which case the provisions of such separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).

Additional Amounts in Lieu of Taxes. Commencing on the first tax year following the date on which any material modification or any structural addition shall be made to the Project Facility Premises or any portion thereof or any additional building or other structure shall be constructed on the Land that is not included in the definition of “Project Facility” Facility Parcel (such structural additions and additional buildings and other structures being hereinafter referred to as “Additional Facilities”) the Company agrees to make additional annual payments in lieu of property taxes with respect to such Additional Facilities (such additional payments being hereinafter collectively referred to as “Additional Payments”) to the Receiver of Taxes Agency with respect to such Additional Facilities, such Additional Payments to be computed separately for each Taxing Entity as follows: (1) Determine the amount of general taxes and general assessments (hereinafter referred to as the “Additional Normal Tax”) that which would be payable to each Taxing Entity with respect to such Additional Facilities if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest therein as follows: (a) multiply the Additional Assessed Value (as hereinafter defined) of such Additional Facilities determined pursuant to subsection (DE) of this Section 2.02 by (b) the tax rate or rates of such Taxing Entity that would be applicable to such Additional Facilities if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest thereinAgency, and (c) reduce the amount so determined by the amounts of any tax exemptions that would be afforded to the Company by such Taxing Entity if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest thereinAgency. (2) In each fiscal tax year during the term of this Payment in Lieu of Tax Agreement (commencing in the fiscal tax year when such Additional Facilities would first appear on the assessment roll of any Taxing Entity, ) if such Additional Facilities were owned by the Company and not the Agency did not have a leasehold interest therein)Agency, the amount payable by the Company to the Receivers of Taxes Agency on behalf of each Taxing Entity as a payment in lieu of property tax with respect to such Additional Facilities pursuant to this Payment in Lieu of Tax Agreement shall be an amount equal to one hundred percent (100%) of the Normal Tax due each Taxing Entity with respect to such Additional Facilities for such fiscal tax year (unless the Agency and the Company shall enter into a separate written Agreement agreement regarding payments in payment om lieu of property properly taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement regarding payments in lieu of property taxes with respect to such Additional Facilities, in which case the provisions of such separate written Agreement agreement shall control).