Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “
Appears in 5 contracts
Samples: Fee in Lieu of Tax and Special Source Credit Agreement, Fee in Lieu of Tax and Special Source Credit Agreement, Fee in Lieu of Tax and Special Source Credit Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the ProjectProject for a period of twelve (12) months consecutively; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes Each of the Company and any Sponsor Affiliates agrees that if this SectionFee Agreement is terminated pursuant to this subsection, “that under no circumstance shall the County be required to refund or pay any monies to the Company or any Sponsor Affiliates.
Appears in 2 contracts
Samples: Fee in Lieu of Tax and Special Source Credit Agreement, Fee in Lieu of Tax and Special Source Credit Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations Project as set forth in this Section 5.01. For purposes of this Section, “
Appears in 2 contracts
Samples: Fee in Lieu of Tax Agreement, Fee in Lieu of Tax Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the ProjectProject for a period of twelve (12) months consecutively; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes Each of the Company and any Sponsor Affiliates agrees that if this SectionFee Agreement is terminated pursuant to this subsection, “that under no circumstance shall the County be required to refund or pay any monies to the Company or any Sponsor Affiliates.
Appears in 1 contract
Samples: Fee in Lieu of Tax and Special Source Credit Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “ceases operations” means closure of the facility or the cessation of production and shipment of products to customers for a continuous period of twelve (12) months. Each of the Company and any Sponsor Affiliates agrees that if this Fee Agreement is terminated pursuant to this subsection, that under no circumstance shall the County be required to refund or pay any monies to the Company or any Sponsor Affiliates.
Appears in 1 contract
Samples: Fee in Lieu of Tax Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project[; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01]. For purposes of this Section, “
Appears in 1 contract
Samples: Fee in Lieu of Tax and Special Source Credit Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “
Appears in 1 contract
Samples: Fee in Lieu of Tax Agreement
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that the County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases there is a cessation of operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “cessation of operations” means closure of the facility or the cessation of commercial operations, for a continuous period of twelve
Appears in 1 contract
Cessation of Operations. Notwithstanding any other provision of this Fee Agreement, each of the Company and any Sponsor Affiliates acknowledges and agrees that County’s obligation to provide the FILOT incentive may end, and this Fee Agreement may be terminated by the County, at the County’s sole discretion, if the Company ceases operations at the Project; provided, however, that the Special Source Credits provided for in this Fee Agreement shall automatically terminate if the Company ceases operations as set forth in this Section 5.01. For purposes of this Section, “ceases operations” means closure of the facility or the cessation of production and shipment of products to customers for a continuous period of twenty-four
Appears in 1 contract
Samples: Fee in Lieu of Tax and Special Source Credit Agreement