Credit Deficiencies Sample Clauses

Credit Deficiencies. All of the adjustments in Credit, pursuant to this Section 3.3 [other than Upward Adjusters pursuant to Sections 3.3(b) and 3.3(c)], shall constitute Credit Deficiencies. In calculating Credit Deficiencies, the Limited Partner shall be considered to have received Credit in the amount allocated to the Limited Partner on the Partnership’s federal and state income tax returns reduced by: (i) any adjustment of the Credit reported on the Partnership’s tax return that is made by the Accountants, or by the IRS or applicable State authority pursuant to notice to the Partnership, or by a court in a Final Determination; and (ii) the amount of any recapture, reallocation or disallowance, or claimed recapture, reallocation or disallowance, of such Credit, other than recapture caused solely by the transfer by the Limited Partner of its Interest, and, in each of subsections (i) and (ii) above, applicable interest and penalties thereon imposed by the IRS or other applicable governmental agencies plus applicable Tax Equivalency Payments. Further, payment of any Development Fee payable pursuant to the Development Services Agreement, attached hereto as Exhibit C, shall be deferred to the extent necessary to pay any Credit Deficiency which is then payable or which is otherwise anticipated to become payable, whether based upon delays in leasing of Credit Units or otherwise.
Sample 1
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Related to Credit Deficiencies

  • Significant deficiencies (1) The Contracting Officer will provide an initial determination to the Contractor, in writing, of any significant deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the Contractor to understand the deficiency.

  • Correction of Deficiencies The contractor must correct promptly any work of his/her own or his/her subcontractors found to be defective or not complying with the terms of the contract.

  • Surplus; Shortage and Deficiency of Funds In accordance with RESPA, if there is a surplus of Funds held in escrow, Xxxxxx will account to Borrower for such surplus. If Xxxxxxxx’s Periodic Payment is delinquent by more than 30 days, Xxxxxx may retain the surplus in the escrow account for the payment of the Escrow Items. If there is a shortage or deficiency of Funds held in escrow, Lender will notify Borrower and Borrower will pay to Lender the amount necessary to make up the shortage or deficiency in accordance with RESPA. Upon payment in full of all sums secured by this Security Instrument, Xxxxxx will promptly refund to Borrower any Funds held by Xxxxxx.

  • Possible Deficiency Insufficient cooling. Performance Standard – Builder will correct if the cooling system is not capable of maintaining a temperature of 78 degrees Fahrenheit under normal operating conditions. The temperature shall be measured in the center of the room, five feet above the floor. On extremely hot days where outside temperature exceeds 95 degrees Fahrenheit, a difference of 15 degrees from outside temperature will be maintained. All doors must remain open to ensure proper performance and rooms may vary by as much as four degrees and between floors the variance can be as much as 6 degrees. These conditions are specified in the ASHRAE handbook. Homes designed with open foyers, stairways, cathedral ceilings and bonus rooms over garages will usually cause abnormal variations from these standards. Any such variations are specifically excluded from this Warranty.

  • Anti-Deficiency Act The Department's obligations and responsibilities under the terms of the Contract and the Contract Documents are and shall remain subject to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47-105, (iii) the District of Columbia Anti-Deficiency Act, D.C. Code §§ 47- 355.01 - 355.08, as the foregoing statutes may be amended from time to time, and (iv) Section 446 of the District of Columbia Home Rule Act. Neither the Contract nor any of the Contract Documents shall constitute an indebtedness of the Department, nor shall it constitute an obligation for which the Department is obligated to levy or pledge any form of taxation, or for which the Department has levied or pledged any form of taxation. IN ACCORDANCE WITH § 446 OF THE HOME RULE ACT, D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL IS AUTHORIZED TO OBLIGATE OR EXPEND ANY AMOUNT UNDER THE CONTRACT OR CONTRACT DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.

  • Failure to Make Good a Deficiency If the Contractor does not make good a deficiency within a reasonable space of time fixed in a Notice of Non-Compliant Work, the Owner may do any of the following:

  • Deficiencies Without limiting or waiving any other remedies available to City, City’s remedies shall include the following in connection with deficiencies in Tenant’s operations:

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:

  • Deficiency Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Performance Deficiency The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance.

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