Non-Compliance Process. The City and the Grantee agree that if the Grantee fails to operate within the City for each of the years of the Incentive Period at the level necessary to achieve the incentive granted under the terms of the Agreement, the Grantee shall promptly meet with the City to discuss ways in which the Grantee will increase their level of operations so that in the subsequent year, the Grantee not only meets such level, but makes up any deficiency in the payrolls subject to the City's Municipal Withholding Income Tax. The City and the Grantee agree that the intent and goal is that the Grantee maintain, at least, the payrolls subject to the City's Municipal Withholding Income Tax necessary to achieve payment of the Incentive Amount, but if that is not achieved on an annual basis, the Grantee shall increase its operations (subject to force majeure) to assure that the total incentive as set forth in the Agreement shall be achieved. The Grantee and the City agree that the process to address the Grantee's compliance is as follows:
Non-Compliance Process. The City and AMT agree that if AMT fails to operate within the City for each of the years 2021 through 2035 at the level necessary to achieve the incentive granted hereunder and the City's remaining assessment payments to be made as set forth above, AMT shall promptly meet with the City to discuss ways that AMT will increase their level of operations and/or their net profits earned from business, professional, or other activities in the City so that in the subsequent year AMT not only meets such level, but makes up any deficiency or deficiencies in the payrolls subject to the City's Municipal Withholding Income Tax and/or in the net profits earned from business, professional, or other activities in the City subject to the City's Corporate Tax that has previously occurred. The City and AMT agree that the intent and goal is that AMT maintain at least the above listed payrolls subject to the City's Municipal Withholding Income Tax and/or the net profits subject to the City's Corporate Tax necessary to achieve the incentive granted hereunder and the City’s other payments made as set forth above as projected and paid in each year, but if that is not achieved on an annual basis, AMT shall increase its operations (subject to force majeure) and/or its said net profits to assure that the total incentive and City's remaining assessment payments to be made as set forth above for the Compliance Period, shall be achieved. AMT and the City agree that the process to address AMT's compliance is as follows: AMT is required to timely submit to the City all City tax filing information and the City will review annually such information for compliance with this Agreement. The City will only make annual incentive payback and special assessment payments to AMT in years in which AMT pays to the City at least seventy-five percent (75%) of their projected City Income Tax (based on the chart identified above). If in subsequent years AMT makes sufficient City tax payments to cover the previous shortfall, the payment of incentive payback and special assessment will be made by the City. If AMT fails to meet seventy-five percent (75%) of their projected City Income Tax for three (3) consecutive calendar years, AMT will be required to meet with the Mayor and City Council to present a plan for 1) meeting their Agreement commitment, 2) making agreed upon modifications to the Agreement commitment, or 3) AMT will make plans to exit from the Agreement.
Non-Compliance Process. If either Party receives any notice of non-compliance of the SWMS 1 Permit, and/or any modifications thereto and/or other governmental requirements, said Party shall notify and cooperate with the other Party if it intends to seek reimbursement from said Party, as set forth below:
