Common use of CALCULATIONS TO BE MADE BY THIRD PARTY Clause in Contracts

CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be Xxxx, Xxxxx & Associates. If the District desires to select a Consultant other than Xxxx, Xxxxx & Associates, such selection must receive the Applicant's consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors. Applicant shall only be responsible for payment of fees and expenses under Section 4.7 not to exceed either (i) $12,000 per year for the years of the Tax Limitation Period and for which the Consultant is required to prepare calculations under Section 4.4; or (ii) $6,000 per year for years during the Qualifying Time Period and any year following the Tax Limitation Period during which Supplemental Payments are due to the District and/or required reports are due to the State Comptroller on the Project. This fee may be increased each year of this Agreement by not more than FIVE PERCENT (5%).

CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be Xxxx, Xxxxx & AssociatesXxXxxxxx School Finance Consulting. If the District desires to select a Consultant other than Xxxx, Xxxxx & AssociatesXxXxxxxx School Finance Consulting, such selection must receive the Applicant's consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors. Applicant shall only be solely responsible for payment of the Consultant’s fees and other District fees and expenses under Section 4.7 not up to exceed either a total of (i) Twelve Thousand Dollars ($12,000 per year 12,000.00) for any Tax Year during the years of Tax Limitation Period and (ii) Six Thousand Dollars ($6,000) for any Tax Year not included in the Tax Limitation Period and for which the Consultant is required to prepare calculations under Section 4.4; or (ii) $6,000 per year for years during the Qualifying Time Period and any year following the Tax Limitation Period during which Supplemental Payments are due to the District and/or required Comptroller Biennial reports are due to the State Comptroller on the Projectnot required. This fee may be increased each year of this Agreement by not more than FIVE PERCENT (5%).

CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be XxxxXxxxxxx Consulting, Xxxxx & AssociatesLLC. If the District desires to select a Consultant other than XxxxXxxxxxx Consulting, Xxxxx & AssociatesLLC, such selection must receive the Applicant's consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse the District for other revenue losses created by other agreements or any other factors. During the term of the Tax Limitation Period, the Applicant shall only be responsible for the payment of fees and expenses to Consultant under Section 4.7 in an amount that shall not to exceed either Fifteen Thousand Dollars (i) $12,000 per year for the years 15,000.00). For any Tax Year outside of the Tax Limitation Period and for which the required Comptroller’s Biennial Report is not due, Applicant shall be responsible for the payment of fees and expenses to Consultant is required to prepare calculations under Section 4.4; or 4.7 in an amount that shall not exceed Eight Thousand Dollars (ii) $6,000 per year for years during the Qualifying Time Period and any year following the Tax Limitation Period during which Supplemental Payments are due to the District and/or required reports are due to the State Comptroller on the Project. This fee may be increased each year of this Agreement by not more than FIVE PERCENT (5%8,000.00).

CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “"Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be Xxxx, Xxxxx & Associates. If the District desires to select a Consultant other than Xxxx, Xxxxx & Associates, such selection must receive the Applicant's consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors. Applicant shall only be responsible for payment of fees and expenses under this Section 4.7 4.4 not to exceed either (i) $12,000 15,000 per year for the years of any Tax Year during the Tax Limitation Period Period, and for which the Consultant is required to prepare calculations under Section 4.4; or (ii) $6,000 7,500 per year for years during the Qualifying Time Period and any year following Tax Year outside the Tax Limitation Period during which Supplemental Payments are due to the District and/or required reports are due to the State Comptroller on the Project. This fee may be increased each year of this Agreement by not more than FIVE PERCENT (5%)Period.