Final Determinations. The District shall have the right to make all determinations and interpretations relating to the RFQ Documents or the RFQ process, including, without limitation, any Applicant’s compliance with the RFQ Documents or its qualifications to participate in the RFQ process, and all such determinations shall be final and binding. Unless the District undertakes an action and debars an Applicant from applying for and/or proposing under this procurement, any other determination by the District during the RFQ process is not meant, and shall not be construed to be, a negative reflection on and/or a derogatory comment or action against, an Applicant’s reputation, experience, and/or other qualifications and/or characteristics. This is a qualifications-based selection process and as designed, some Applicant’s qualifications will exceed those of other Applicants.
Final Determinations. In the case of any Final Determination regarding a Tax Return, any Tax Deficiency shall be paid to the appropriate taxing authority by, and any Tax Refund received from the appropriate taxing authority shall be paid to, the party which filed such Return; provided, however, that whether or not there is a Tax Deficiency or Tax Refund and whether or not a payment is required to or from the appropriate taxing authority, Grace shall make payments to, or receive payments from, Grace-Conn. based upon the following principles:
(i) Grace-Conn. shall make a payment to Grace in an amount equal to (x) any increase in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a New Grace Tax Item and (y) 75% (or, if the Packco Group has borne an amount of Tax in respect of adjustments to Foreign Packco Tax Items (and fees and expenses in Proceedings relating to such adjustments) that exceeds the Foreign Cap, then 100%) of any increase in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a Foreign Packco Tax Item, in either case (x) or (y), together with any Interest relating thereto that is or has been imposed by the relevant taxing authority (or would have been imposed but for an offsetting Packaging Tax Item).
(ii) Grace shall pay to Grace-Conn. an amount equal to (x) any decrease in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a New Grace Tax Item and (y) any decrease in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a Foreign Packco Tax Item, in either case (x) or (y), together with any Interest relating thereto that is or has been paid by the relevant taxing authority (or would have been paid but for an offsetting Packaging Tax Item).
(iii) The parties intend that, in implementing this Section 3.2(b), payment and reimbursement between the parties shall reflect the principles of Section 3.2(a).
(iv) Payments otherwise required to be made under this Section 3.2(b) with respect to a single Final Determination shall be netted and offset against each other so that either Grace shall make a payment to Grace-Conn. or Grace-Conn. shall make a payment to Grace, but not both.
Final Determinations. Xxxxxx is entitled to an explanation of XXX's determination of rent or the family's obligation to transfer. Tenant may request a hearing under XXX's grievance procedure if he or she disagrees with OHA's determination or proposed course of action. The tenant has a right to request a grievance hearing regardless of whether the tenant’s rent is decreased or increased.
Final Determinations. Spinco and the Spinco Affiliates agree to be bound by (and to report its Taxes consistently with) any Final Determination relating to Spinco, any Spinco Affiliate, WMC and any WMC Affiliate for any Pre-Distribution Period (or portion thereof ending on the Distribution Date), even if such Final Determination affects a Post-Distribution Period (or portion of a Pre-Distribution Period beginning after the Distribution Date).
Final Determinations. For purposes of Section 5.3 above, any assessment upon which Tenant's Share of Taxes is based shall be deemed to be the amount initially assessed until such time as an abatement, refund, rebate or increase, if any (retroactive or otherwise), shall be finally determined to be due, and upon such final determination, Landlord shall promptly notify Tenant of the amount if any due to Tenant or Landlord, as the case may be, as a result of the adjustment, and appropriate payment to Landlord or Tenant, as the case may be, shall thereafter be promptly made. Landlord shall have no duty to Tenant to contest, appeal or otherwise challenge any Taxes. In the event of any reduction in Taxes by reason of legal or other action taken by Landlord, there shall be added to and be deemed a part of the Taxes in question the amount of Landlord's legal and other costs and expenses in obtaining the reduction (but not an amount in excess of the tax savings).
Final Determinations. For purposes of determining Tenant's -------------------- share of increases in Taxes, any assessment shall be deemed to be the amount initially assessed until such time as an abatement, refund, rebate or increase, if any (retroactive or otherwise), shall be finally determined to be due, and upon such final determination, Landlord shall promptly notify Tenant of the amount, if any, due to Tenant or Landlord, as the case may be, as a result of the adjustment, and appropriate payment to Landlord or Tenant, as the case may be, shall thereafter be promptly made. In the event of any reduction in taxes by reason of legal or other action taken by Landlord in contest of taxes, there shall be added to and be deemed a part of the taxes in question the amount of Landlord's reasonable legal and other costs and expenses in obtaining the reduction (but not an amount in excess of the tax savings). Landlord shall have no duty to contest or appeal any taxes, but Tenant may, at its election and upon notice to and in cooperation with Landlord, contest or appeal any taxes assessed against the Land and Building. Tenant will have the right to directly benefit from any tax abatement program applicable to the Building (if any, it being acknowledged that no such program is currently contemplated); in such case the minimum annual rent will be reduced by the real estate tax abatement and the base year amount will also be reduced to reflect the lower real estate taxes. At Tenant's option, any tax or assessment which is payable in installments shall be paid over the longest term permitted by the taxing authority, provided that any interest or other deferred payment charge shall be the sole responsibility of Tenant.
Final Determinations. Any payments by Seller to Purchaser or by Purchaser to Seller of any tax liability under Section 5.2 which arise from an audit or examination by a taxing authority of Tax returns shall be made upon a final determination of such liability. "Final determination" shall mean, with respect to any issue or item for any taxable period, (i) a final, unappealable decision by a court of competent jurisdiction; (ii) the expiration of the time for filing a claim for refund or, if a refund claim has been timely filed, the expiration of the time for instituting suit in respect of such refund claim, if no further adjustment to the items of income, gain, deduction, loss or credit for such period may thereafter be made; (iii) the execution by or on behalf of the taxpayer and the Service of a closing agreement under Section 7121 of the Internal Revenue Code of 1986, as amended (the "Code")
Final Determinations. The UCP Committee shall, in writing, notify the certifying authority whose determination was heard of any determination made following a hearing, including the vote count. Upon receiving the notice, the notified certifying authority shall send the firm a final administrative decision that states the UCP determination.
Final Determinations. The amounts of the Quorum Merger Shares and the Nexstar Merger Shares, and all component or related amounts, will be determined on the Closing Date, based on the information then available and taking into account the transactions to be consummated on the Closing Date and prior to the IPO, by PricewaterhouseCoopers, LLP, and each such determination will be binding on the Parties and their members absent manifest error.
Final Determinations. The NMDOT will complete the agency determination of 489 eligibility section on current state site forms or electronically in the New Mexico Cultural 490 Resource Information System (NMCRIS), if available. The SHPO shall review land 491 managing agency and NMDOT determinations of eligibility and provide NMDOT with 492 written comments and explain any disagreement within twenty-one (21) days or the 493 agreed upon timeframe. The SHPO will complete the determination of eligibility section 494 in NMCRIS. NMDOT shall take SHPO comments into account on future eligibility 495 determinations. 496
497 1) When NMDOT and SHPO do not agree on the eligibility determination of a 498 property that will be affected by an undertaking, or if the ACHP or Secretary of 499 the Interior so requests, the FHWA shall obtain a determination of eligibility from 500 the Keeper of the National Register of Historic Places pursuant to 36 CFR Part 501 800.4(c)(2). The process detailed in 36 CFR Part 63, the National Park Service 502 regulations on Eligibility for Inclusion in the NRHP shall be followed. The 503 Keeper’s decision shall be final. 504
