Method of Claiming Credits. If the Company desires to claim a credit against any particular payment in lieu of tax due hereunder, the Company shall give the governing body of the Affected Taxing Jurisdiction and the Agency prior written notice of its intention to claim any credit pursuant to the provision of this Section 2.3, said notice to be given by the Company at least thirty (30) days prior to the date on which such payment in lieu of tax is due pursuant to the provisions of Section 2.2(I) hereof. In the event that the governing body of the appropriate Affected Taxing Jurisdiction desires to contest the Company’s right to claim such credit, then said governing body, the Agency and the Company shall each select an arbitrator in accordance with the rules of the American Arbitration Association, each of whom shall meet the qualifications set forth in Section 2.2(B) hereof, which arbitrators shall, at the sole cost and expense of the Company, determine whether the Company is entitled to claim any credit pursuant to the provisions of this Section 2.3 and, if so, the amount of the credit to which the Company is entitled. It is understood that the arbitrators are empowered to confirm the amount of the credit claimed by the Company or to determine a lower or higher credit. When the Company shall have given notice, as provided herein, that is claims a credit, the amount of any payment in lieu of property taxes due hereunder against which the credit may be claimed may be withheld (to the extent of the credit claimed by the Company, but only to the extent that such credit may be claimed against said payment in lieu of taxes pursuant to the provisions of this Section 2.3) until the decision of the arbitrators is rendered. After the decision of the arbitrators is rendered, the payment in lieu of taxes due with respect to any reduction or disallowance by the arbitrators in the amount of the credit claimed by the Company shall, to the extent withheld as aforesaid, be immediately due and payable and shall be paid by the Company within thirty (30) days of said decision.
Method of Claiming Credits. If the Company desires to claim a credit against any particular payment in lieu of tax due hereunder, the Company shall give the governing body of the affected Taxing Entity and the Agency prior written notice of its intention to claim any credit pursuant to the provision of this Section 3, said notice to be given by the Company at least ten days prior to the final date on which such payment in lieu of tax is due pursuant to the provision of Section 2 hereof.
Method of Claiming Credits. To claim the Electric Interconnect -------------------------- Credit, the Company shall provide to the Municipality a copy of the Electric Energy Purchaser's invoice to the Company reflecting its charge for the special franchise tax xxxx applicable to the electric connection between the Facility and the Electric Energy Purchaser's grid (the "Facility Electric Interconnect") and evidence of the Company's payment thereof. Such payment by the Company may be effected by a credit or deduction taken by the Electric Energy Purchaser against charges owing by it for electricity purchased from the Company. The Municipality's approval of the Electric Interconnect Credit amount for each year shall be conclusively presumed unless the Municipality objects in writing within 30 days of the date on which such invoice with respect to that year is received by the Municipality.
