Common use of Litigation Expenses Clause in Contracts

Litigation Expenses. 24.1 City policy on litigation is that, except to the extent prohibited by law, persons who are engaged in litigation or adversarial proceedings related to TIF against the City are ineligible to obtain or continue the use of TIF as principals or participants for the duration of the litigation. A principal or participant includes the TIF applicants and the TIF applicant's developers, partners, affiliates, sponsors, payroll employees, or relatives of the first degree of consanguinity. Accordingly, the City shall not consider a project proposing the use of TIF, designate a TIRZ, enter into any TIRZ contracts or agreements with, or authorize or make any TIRZ payment to persons engaged in litigation or adversarial proceedings related to TIF with the City. Ineligible persons shall be excluded from participating as either participants or principals in all TIRZ projects during the term of their litigation.

Appears in 8 contracts

Samples: Broadway East by Encore Development Agreement, Project Development Agreement, Funding Agreement

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Litigation Expenses. 24.1 City policy on litigation is that, except to the extent prohibited by law, persons who are engaged in litigation or adversarial proceedings related to TIF against the City are ineligible to obtain or continue the use of TIF as principals or participants for the duration of the litigation. A principal or participant includes the TIF applicants and the TIF applicant's developers, partners, affiliates, sponsors, payroll employees, or relatives of the first degree of consanguinity. Accordingly, the City shall not consider a project proposing the use of TIF, designate a TIRZ, enter into any TIRZ TIF contracts or agreements with, or authorize or make any TIRZ payment to persons engaged in litigation or adversarial proceedings related to TIF with the City. Ineligible persons shall be excluded from participating as either participants or principals in all TIRZ projects during the term of their litigation.

Appears in 3 contracts

Samples: Broadway Jones Apartments Development Agreement, Village at Roosevelt Project Development Agreement, Mobile Food Truck Park Project Development Agreement

Litigation Expenses. 24.1 City policy on litigation is that, except to the extent prohibited by law, persons who are engaged in litigation or adversarial proceedings related to TIF against the City are ineligible to obtain or continue the use of TIF as principals or participants for the duration of the litigation. A principal or participant includes the TIF applicants and the TIF applicant's developers, partners, affiliates, sponsors, payroll employees, or relatives of the first degree of consanguinity. Accordingly, the City shall not consider a project proposing the use of TIF, designate a TIRZ, enter into any TIRZ TIF contracts or agreements with, or authorize or make any TIRZ payment to persons engaged in litigation or adversarial proceedings related to TIF with the City. Ineligible persons shall be excluded from participating as either participants or principals in all TIRZ TIF projects during the term of their litigation.

Appears in 2 contracts

Samples: Healy Murphy Child Development Center Project Development Agreement, Alamo Inn

Litigation Expenses. 24.1 City policy on litigation is that, except to the extent prohibited by law, persons who are engaged in litigation or adversarial proceedings related to TIF against the City are ineligible to obtain or continue the use of TIF as principals or participants for the duration of the litigation. A principal or participant includes the TIF applicants and the TIF applicant's developers, partners, affiliates, sponsors, payroll employees, or relatives of the first degree of consanguinity. Accordingly, the City shall not consider a project proposing the use of TIF, designate a TIRZ, enter into any TIRZ TIF contracts or agreements with, or authorize or make any TIRZ payment to persons engaged in litigation or adversarial proceedings related to TIF with the CityCity or Participating Tax Entities. Ineligible persons shall be excluded from participating as either participants or principals in all TIRZ projects during the term of their litigation.

Appears in 2 contracts

Samples: Nabors Project Development Agreement, MLK Place Project Development Agreement

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Litigation Expenses. 24.1 City policy on litigation is that, except to the extent prohibited by law, persons Persons who are engaged in litigation or adversarial proceedings Adversarial Proceedings related to TIF against the City are ineligible to obtain or continue the use of TIF as principals or participants for the duration of the litigation. A principal or participant includes the TIF applicants Developer and the TIF applicant's developers, partners, Developer’s affiliates, sponsors, payroll employeeswhich shall be deemed to be any entities under common control with, or relatives of the first degree of consanguinitycontrolled by, Developer. Accordingly, the City shall not consider a project proposing the use of TIFTIRZ, designate a TIRZ, enter into any TIRZ TIF contracts or agreements with, or authorize or make any TIRZ TIF payment to persons Persons engaged in litigation or adversarial proceedings Adversarial Proceedings related to TIF with the City. Ineligible persons Persons shall be excluded from participating as either participants or principals in all TIRZ projects during the term or pendency of their litigation.

Appears in 1 contract

Samples: Museum Reach Project Development Agreement

Litigation Expenses. 24.1 City policy on litigation is that, except to the extent prohibited by law, persons who are engaged in litigation or adversarial proceedings related to TIF against the City are ineligible to obtain or continue the use of TIF as principals or participants for the duration of the litigation. A principal or participant includes the TIF applicants and the TIF applicant's developers, partners, affiliates, sponsors, payroll employees, or relatives of the first degree of consanguinity. Accordingly, the City shall not consider a project proposing the use of TIF, designate a TIRZ, enter into any TIRZ TIF contracts or agreements with, or authorize or make any TIRZ TIF payment to persons engaged in litigation or adversarial proceedings related to TIF with the City. Ineligible persons shall be excluded from participating as either participants or principals in all TIRZ TIF projects during the term of their litigation.

Appears in 1 contract

Samples: The Andy Project Development Agreement

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