Company’s Right to Protest Taxes Sample Clauses

Company’s Right to Protest Taxes. The Company must make all PILOTs required by this Agreement; however, the Company reserves the right to make such payment under protest pending its timely appeal of the valuation determined by the County Appraiser. Any such payment made under protest shall be paid to the County Officer with an accompanying letter that states the payment was made by the Company under protest of the valuation. If after appeal, the valuation is adjusted downward, the Company shall reduce its subsequent PILOT by the amount of any overpayment previously made by the Company. If the subsequent payment is not sufficient to fully credit the overpayment, the credit may be carried forward to subsequent payment(s). Similarly, if after an appeal, the valuation is increased, the Company shall pay an additional amount, calculated based on the revised valuation, with its subsequent PILOT.
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Company’s Right to Protest Taxes. No provision of this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the appeal, protest or otherwise contest any property tax valuation, assessment or classification of the Project. In addition, the parties agree that the Company may, in its own name or in the City’s name, contest the validity or amount of any tax, assessment, valuation, or classification related to the Project. The City agrees, at the Company’s expense, to cooperate fully with the Company in connection with any and all administrative or judicial proceedings related to any such tax, assessment, valuation, classification or other governmental charge relating to the Project.
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Company’s Right to Protest Taxes. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the right to appeal, protest or otherwise contest any property tax valuation, assessment, classification or similar action. However, no such appeal, protest or contest shall affect the amount or timing of PILOT Payments to be made under this Agreement.
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Company’s Right to Protest Taxes. No provision of this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the right to appeal, protest or otherwise contest in the name of the Company and/or the City, as appropriate, any property tax valuation, assessment or classification of the Project on behalf of or in the City’s name following written notice to the City from the Company, but solely at the Company’s expense. The City agrees to join the Company in any administrative or judicial proceedings related to the property tax valuation, assessment or classification of the Project, but solely at the Company’s expense.
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Company’s Right to Protest Taxes. In consideration for the incentives and benefits provided by this Agreement, the Company and Fireman’s Fund each agree that neither it nor any successor in title or interest to any of the real property within the Project Site will formally challenge or appeal the assessed valuation of such real property during any time that the Project is receiving tax abatement under this Agreement; provided, the foregoing shall not bind the Company and Fireman’s Fund or any successor if the assessed valuation is more than 5% greater than the projected assessed valuation of such real property, as shown in the Plan for an Industrial Development Project and Cost/Benefit Analysis for Fireman’s Fund Insurance Company, prepared by Xxxxxxx & Xxxx, P.C. (the “Plan”). If (a) the Company and Fireman’s Fund or any successor to either challenges the assessed valuation contrary to the provisions in the preceding sentence, and (b) as a result of such challenge, the assessed valuation is reduced to an amount below the amount shown in the Plan, the Company shall make PILOT Payments to the City in an amount sufficient to produce the same amount of revenues (i.e., taxes and PILOT Payments) under this Agreement as would otherwise be payable if the assessed valuation equaled the amount shown in the Plan.
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Company’s Right to Protest Taxes. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the right to appeal, protest or otherwise contest any property tax valuation, assessment, classification or similar action; however, in the case that the Company chooses a valuation method other than the depreciation schedule set forth in Section 137.122.3 RSMo, the Company agrees that it will not appeal, protest or otherwise contest any personal property tax or assessment unless the amount of such valuation or assessment as determined in accordance with Section 137.122.3 RSMo, as applicable, will cause the total assessed valuation of all property for such year to be greater than 105% of the total amount of assessed valuation for said personal property set forth in the cost-benefit analysis contained in the Chapter 100 Plan. Either party to this Agreement may present this Agreement and the Chapter 100 Plan to the appropriate tribunal (County Board of Equalization, the Missouri State Tax Commission or other tribunal) in connection with a Motion to Dismiss any such appeal.
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Company’s Right to Protest Taxes. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the right to appeal, protest or otherwise contest any property tax valuation, assessment, classification or similar action; provided, however, the Company agrees that it will not appeal, protest or otherwise contest any property tax valuation or assessment unless the amount of such valuation or assessment will cause the total assessed valuation of all property for such year to be greater than 105% of the total amount of assessed valuation set forth in the cost-benefit analysis contained in the Chapter 100 Plan.
Sample 1
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Company’s Right to Protest Taxes. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the right to appeal, protest or otherwise contest any property tax valuation, assessment, classification or similar action; provided, however, the Company agrees that it will not appeal, protest or otherwise contest any real property tax valuation or assessment or any personal property tax or assessment unless the amount of such valuation or assessment, as applicable, will cause the total assessed valuation of all property for such year to be greater than 105% of the total amount of assessed valuation for said real property or personal property set forth in the cost-benefit analysis contained in the Chapter 100 Plan. Either party to this Agreement may present this Agreement and the Chapter 100 Plan to the appropriate tribunal (County Board of Equalization, the Missouri State Tax Commission or other tribunal) in connection with a Motion to Dismiss any such appeal.
Sample 1
Company’s Right to Protest Taxes. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement shall be construed to limit or in any way restrict the availability of any provision of Missouri law which confers upon the Company the right to appeal, protest or otherwise contest any property tax valuation, assessment, classification or similar action; provided, however, the Company agrees that (a) with respect to the Existing Real Property and the Project Improvements, the parties have stipulated the market value, which shall not be contested by either party to this Agreement, and (b) with respect to the Project Equipment, the Company will not appeal, protest or otherwise contest any property tax valuation or assessment unless the amount of such valuation or assessment will cause the total assessed valuation of all Project Equipment for such year to be greater than 105% of the total amount of assessed valuation for the Project Equipment set forth in the cost-benefit analysis contained in the Amended Chapter 100 Plan.
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Related to Company’s Right to Protest Taxes

  • City’s Right to Withhold Payment In the event City becomes credibly informed that any representations of Consulting Engineer/Architect provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consulting Engineer/Architect until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact shall be made known to Consulting Engineer/Architect immediately. Consulting Engineer/Architect will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City shall be paid to Consulting Engineer/Architect in accordance with the contract payment procedures.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Notification of Compromise or Potential Compromise The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS.

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