Common use of AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS Clause in Contracts

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE;

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed. F. The Applicant shall amend the Application and this Agreement to identify the changes in the information that was provided in the Application and was approved by the District and as considered by the Comptroller no earlier than 180 days and no later than 90 days prior to the start of the Qualifying Time Period as identified in Section 2.3.C.i of this Agreement. i. The Applicant shall comply with written requests from the District or the Comptroller to provide additional information necessary to prepare a Comptroller certificate for a limitation for the conditions prior to the start of the Qualifying Time Period; and ii. If the Comptroller provides its certificate for a limitation with conditions different from the existing agreement, the District shall hold a meeting and determine whether to amend this Agreement to include the conditions required by the Comptroller or terminate this Agreement; or iii. If the Comptroller withdraws its certificate for a limitation based on the revised Application, the District shall terminate this Agreement.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a A written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any Any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and And any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and, iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require Require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. Clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and, iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require Require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. Clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE;; and

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any . C.Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE;

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a A written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any Any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller;; and, c. and any Any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and, iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require Require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. Clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 ninety (90) days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the ninety (90-) day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed. F. The Applicant shall amend the Application and this Agreement to identify the changes in the information that was provided in the Application and was approved by the District and as considered by the Comptroller no earlier than 180 days and no later than 90 days prior to the start of the Qualifying Time Period as identified in Section 2.3.C.i of this Agreement. i. The Applicant shall comply with written requests from the District or the Comptroller to provide additional information necessary to prepare a Comptroller certificate for a limitation for the conditions prior to the start of the Qualifying Time Period; and ii. If the Comptroller provides its certificate for a limitation with conditions different from the existing agreement, the District shall hold a meeting and determine whether to amend this Agreement to include the conditions required by the Comptroller or terminate this Agreement; or

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. ‌ A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; andand‌ iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. ‌ A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement.Agreement.‌‌‌ B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; andand‌ iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. ‌ A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 ninety (90) days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the ninety (90-) day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.‌

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement.be B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a A written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any Any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any Any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification;; and ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; and, iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require Require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. Clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement. B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-90- day period, the request is denied; and iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE;

AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS. ‌ A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section 10.2.B. Waiver of any term, condition, or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition, or provision, or a waiver of any other term, condition, or provision of this Agreement.Agreement.‌‌ B. By official action of the District’s Board of Trustees, the Application and this Agreement may only be amended according to the following: i. The Applicant shall submit to the District and the Comptroller: a. a written request to amend the Application and this Agreement, which shall specify the changes the Applicant requests; b. any changes to the information that was provided in the Application that was approved by the District and considered by the Comptroller; c. and any additional information requested by the District or the Comptroller necessary to evaluate the amendment or modification; ii. The Comptroller shall review the request and any additional information for compliance with the Act and the Comptroller’s Rules and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by the Comptroller by the end of the 90-day period, the request is denied; andand‌ iii. If the Comptroller has not denied the request, the District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Application and this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the TEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and D. The Application and this Agreement may not be amended to extend the value limitation time period beyond its ten-year statutory term. E. The Comptroller determination made under Section 313.026(c)(2) of the TEXAS TAX CODE in the original certificate for a limitation satisfies the requirement of the Comptroller to make the same determination for any amendment of the Application and this Agreement, provided that the facts upon which the original determination was made have not changed.