Exemption Application. A.) Subject to the completion and filing by the Agency or its designee at the direction of the Agency on or before the taxable status date October 15, 2023 (the “Taxable Status Date”) of New York State Form RP-412-a Application For Real Property Tax Exemption (the “Exemption Application”) under Section 412-a of the New York State Real Property Tax Law and Section 874 of the Act and the approval of the Exemption Application by the appropriate assessors or Board of Assessment Review, the Facility shall be exempt from Real Estate Taxes for the periods set forth in Section 1.3. For purposes of the foregoing, “Real Estate Taxes” means all general levy real estate taxes levied against the Facility by the County and City, including Real Estate Taxes levied by the City for its Dependent School District. The Company shall provide the Agency with the information necessary for the completion and filing of the Exemption Application and shall provide such additional information and take such actions as are required by the appropriate assessors or Board of Assessment Review to process and approve the Exemption Application. Notwithstanding anything contained herein or in the Leaseback Agreement to the contrary, in the event the exemption from Real Estate Taxes is denied for any reason, the Company shall pay (and hereby agrees to pay) all Real Estate Taxes levied upon the Facility as they become due, specifically including but not limited to Real Estate Taxes for years prior to and after the tax years covered by this Tax Agreement. After giving written notice to the Agency, the Company may in good faith contest the denial of the Exemption Application, provided that (i) the overall operating efficiency of the Facility is not impaired and the Facility continues to qualify as a “project” under the Act; (ii) neither the Facility nor any part of or interest in it would be in any danger of being sold, forfeited or lost; or (iii) neither the Company nor the Agency, as a result of such contest, shall be in any danger of any civil or criminal liability. The Company hereby waives any claim or cause of action against the Agency, and releases the Agency from any liability to the Company, arising from the denial of an exemption from Real Estate Taxes except to the extent that such denial results solely from the failure of the Agency to file the Exemption Application with the appropriate assessors or Board of Assessment Review by the Taxable Status Date.
Exemption Application. If overtime - in excess of the specified 10 hours - is to be exempted from time off in lieu, the parties must promptly submit identical applications to the Association of the Danish Woodworking and Furniture Industries and 3F applying for exemption from the duty to take time off; however, such application may never prevent the commencement and execution of overtime.
Exemption Application. The University and the Union will cooperate in requesting that the Government of Ontario exempt this collective agreement from the application of Bill 124, pursuant to Section 21 thereof.
Exemption Application. It is expressly understood and agreed that the Township expressly has relied upon the facts, data and representations contained in the Exemption Application in granting the tax exemption described in this Financial Agreement.
Exemption Application. The City and Developer agree to cooperate in the preparation, execution and filing of all necessary applications and supporting documents to obtain from time to time the TIF Exemption and to enable the City to collect the Service Payments with respect to the TIF Parcels. The Developer shall prepare such applications and documents to be filed by the Developer with the consent of the City, and such applications and documents shall be submitted to the City for approval in its reasonable discretion. The Developer shall not file any exemption application for any of the TIF Parcels without obtaining the approval of the City to file the exemption application. The City is authorized with prior written consent of Developer to file written notice of the TIF Exemption on any TIF Parcel pursuant to Ohio Revised Code 5709.911. The City and Developer each agree to perform such acts as are reasonably necessary or appropriate in effect, claim, reserve and maintain the TIF Exemption and collect the Service Payments, including, without limitation, joining in the execution of all documentation and providing any necessary certificate required in connection with the TIF Exemption or the Service Payments. Developer has advised the City that a portion of the Development may be established as a tax exempt use, in which case (a) Developer will negotiate a payment in lieu of Service Payments as a charge against the parcel in an amount acceptable to the City, (b) the City will defer filing a DTE with respect to the parcel in order that the tax exempt use will take priority and (c) the TIF Declaration as to that TIF Parcel shall be amended accordingly.
