Conditions to Reimbursement. Executive must submit proper documentation for each reimbursable expense eligible for reimbursement under Section 4.1 within sixty (60) days after the later of (i) Executive’s incurrence of such expense or (ii) Executive’s receipt of the invoice for such expense. If such expense qualifies hereunder for reimbursement, then the Company will reimburse Executive for that expense within ten (10) business days after Executive’s submission of a request that complies with this Section 4.2, and in all events each reimbursement must be made no later than the end of the calendar year following the calendar year in which the expense was incurred. The amount of reimbursements in any calendar year shall not affect the expenses eligible for reimbursement in the same or any other calendar year. Executive’s right to reimbursement may not be liquidated or exchanged for any other benefit.
Conditions to Reimbursement. The following provisions shall be in effect for any reimbursements to which the Executive otherwise becomes eligible under this Agreement in order to assure that such reimbursements do not create a deferred compensation arrangement subject to Section 409A of the Code:
(i) The amount of reimbursements to which the Executive may become entitled in any one calendar year shall not affect the amount of expenses eligible for reimbursement hereunder in any other calendar year.
(ii) Each reimbursement to which the Executive becomes entitled shall be made no later than the close of business of the calendar year following the calendar year in which the reimbursable expense is incurred.
(iii) The Executive’s right to reimbursement cannot be liquidated or exchanged for any other benefit or payment.
Conditions to Reimbursement. Any amounts to which the Executive becomes entitled pursuant to this Section 5 (whether by way of reimbursement or in-kind benefits) in each calendar year within the Employment Term or any other reimbursement to which the Executive becomes entitled pursuant to the provisions of this Restated Agreement during such calendar year shall not reduce the amounts (or in-kind benefits) to which the Executive may become entitled hereunder in any other calendar year within the Employment Term. In no event, however, will any expense be reimbursed after the close of the calendar year following the calendar year in which that expense was incurred. In addition, none of the Executive’s rights to reimbursement or in-kind benefits hereunder may be liquidated or exchanged for any other benefit.
Conditions to Reimbursement. The District will reimburse the County its District Contribution upon the following conditions:
1. Execution by both the County and TxDOT of an AFA for the widening and improvement of FM 521 from State Highway 6 to the Fort Bend/Brazoria County Line, which copy will be provided to the District upon execution; and
2. Completion of all engineering services defined as the County Contribution described on Exhibit “B” (not just portion related to the District Contribution); and
3. Completion by TxDOT of the Road Project; and
4. An accounting provided to the District as described in Section D below. In the event that the County does not fully complete its County Contribution by December 31, 2020, or TxDOT does not commence construction of the Road Project by September 30, 2026, then the District is not obligated to reimburse the County the sum of the District Contribution, and this Agreement shall be deemed null and void.
Conditions to Reimbursement. The following conditions shall be applicable to each expense reimbursable pursuant to the provisions of this Restated Agreement: (i) no such expense shall be reimbursed later than the close of the calendar year following the calendar year in which that expense is incurred, (ii) the amounts eligible for reimbursement in any one calendar year shall not affect the amounts reimbursable in any other calendar year and (iii) the right to such reimbursement may not be liquidated or exchanged for any other benefit.
Conditions to Reimbursement. The District's obligation to issue the Bonds and to acquire the Improvements and/or reimburse the Developer for funds advanced for the District Costs shall be subject to the following terms and conditions:
(a) Receipt of a bona fide bid for the Bonds through either competitive or negotiated sale or private placement;
(b) Approval of the Bonds by the Attorney General of the State of Texas;
(c) Registration of the Bonds by the Comptroller of Public Accounts of the State ofTexas;
(d) The assessed value of all taxable property within the District, as shown by the latest appraisal roll issued for the District by the Xxxxxx County Appraisal District, together with the projected increase in the assessed value as a result of development of the land benefitted by the District Costs, is such that the projected debt service on the District's outstanding bonded indebtedness and the bonds then being issued, can be paid with a tax rate found by the District to be reasonable and within the limits imposed by state law.
(e) The District shall not be obligated to issue bonds in increments of less than $1,000,000 unless such bond issue is the last bond issue anticipated to be issued by the District. The Bonds shall be offered on terms and conditions generally accepted in the bond market for similar types of districts or cities secured by similar revenues. The District shall issue and sell a sufficient amount of the Bonds through a series of bond sales to pay the full purchase price of the Improvements, to reimburse the Developer for District Costs, and to pay the cost for the District's guaranteed reservation of any water or wastewater capacity resulting from construction of the Improvements, whichever is applicable; provided, however, that the District reserves the right to issue and sell less than all of the Bonds authorized on any offering if a portion of the proceeds of the sale would not be immediately necessary for construction, acquisition of, reimbursement for or payment for a part of the District costs not under construction at such time. The District shall not be obligated to offer the Bonds in contravention of any law of the State of Texas. The District shall use its best efforts to sell the Bonds, but shall not be considered to have guaranteed the sale thereof.
Conditions to Reimbursement. The following provisions shall be in effect for any reimbursements to which the Executive otherwise becomes under this Agreement, including (without limitation) any reimbursements provided under Sections 5 and 6, in order to assure that such reimbursements do not create a deferred compensation arrangement subject to Section 409A of the Code:
(i) The amount of reimbursements to which the Executive may become entitled in any one calendar year shall not affect the amount of expenses eligible for reimbursement hereunder in any other calendar year.
(ii) No reimbursement to which the Executive becomes entitled in accordance with the applicable provisions of this Agreement shall be made by the Company later than the close of business of the calendar year following the calendar year in which the reimbursable expense is paid or incurred.
(iii) The Executive’s right to reimbursement cannot be liquidated or exchanged for any other benefit or payment.
Conditions to Reimbursement. The construction of any portion of the Public Improvements by Developer as described in this Agreement, other than the Mandatory Public Improvements, is not a covenant of Developer or a contractual obligation of Developer, but rather is a condition precedent to the obligations of the City to reimburse Developer as provided in this Agreement.
Conditions to Reimbursement. Any reimbursement provided to the Executive with respect to the perquisites set forth in Section 4(b) shall be subject to the following terms and conditions: (i) the Executive must submit all required receipts and documentation for each such reimbursable expense and (ii) the Company shall provide the Executive with the requisite reimbursement within thirty (30) business days thereafter. In addition, any amounts to which the Executive becomes entitled pursuant to this Section 4 (whether by way of reimbursement or in-kind benefits) in each calendar year within the Employment Term or any other reimbursement to which the Executive becomes entitled pursuant to the provisions of this Agreement during such calendar year shall not reduce the amounts (or in-kind benefits) to which the Executive may become entitled hereunder in any other calendar year within the Employment Term. In no event, however, will any expense be reimbursed after the close of the calendar year following the calendar year in which that expense was incurred. None of the Executive’s rights to reimbursement or in-kind benefits hereunder may be liquidated or exchanged for any other benefit.
Conditions to Reimbursement. Executive must submit proper documentation for each relocation and reimbursable expense eligible for reimbursement under this Section 4 within sixty (60) days after the later of (i) Executive’s incurrence of such expense or (ii) Executive’s receipt of the invoice for such expense. If such expense qualifies hereunder for reimbursement, then the Company will reimburse Executive for that expense within ten (10) business days thereafter. Each reimbursement must be made no later than the end of the calendar year following the calendar year in which the expense was incurred. The amount of reimbursements in any calendar year shall not affect the expenses eligible for reimbursement in any other taxable year. Executive’s right to reimbursement may not be liquidated or exchanged for any other benefit.
