Common use of PAYMENT BY APPLICANT Clause in Contracts

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the Applicant shall pay any amount determined by the Third Party to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – in its sole discretion – to make prepayments to the District at any time toward Applicant’s future liabilities under this Agreement. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant . Subject to the limitation set forth in this Section 4.8 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.4, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants for the preparation and filing of any financial reports, disclosures, or other reimbursement applications filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s Office, or for other legal expenses which are, or may be required under the terms of, or because of, the execution of this Agreement. The Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 not to exceed Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation Period, and for any Tax Year during the term of this Agreement for which the Comptroller’s Biennial Report is required. For any Tax Year outside of the Tax Limitation Period and for which the Comptroller’s Biennial Report is not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Five Hundred Dollars ($7,500.00).

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the Applicant shall pay any amount determined by the Third Party to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – in its sole discretion – to make prepayments to the District at any time toward Applicant’s future liabilities under this Agreement. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant Applicant. Subject to the limitation set forth in this Section 4.8 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.4, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants for the preparation and filing of any financial reports, disclosures, or other reimbursement applications filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s Office, or for other legal expenses which are, or may be required under the terms of, or because of, the execution of this Agreement. The Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 not to exceed Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation Period, and for any Tax Year during the term of this Agreement for which the Comptroller’s Biennial Report is required. For any Tax Year outside of the Tax Limitation Period and for which the Comptroller’s Biennial Report is not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Five Hundred Dollars ($7,500.00).

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the Applicant shall pay any amount determined by the Third Party to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – in its sole discretion – to make prepayments to the District at any time toward Applicant’s future liabilities under this Agreement. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill xxxx or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant . Subject to the limitation set forth in this Section 4.8 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.4, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants for the preparation and filing of any financial reports, disclosures, or other reimbursement applications filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s Office, or for other legal expenses which are, or may be required under the terms of, or because of, the execution of this Agreement. The Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 not to exceed Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation Period, and for any Tax Year during the term of this Agreement for which the Comptroller’s Biennial Report is required. For any Tax Year outside of the Tax Limitation Period and for which the Comptroller’s Biennial Report is not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Five Hundred Dollars ($7,500.00).

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the Applicant shall pay any amount determined by the Third Party to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – in its sole discretion – to make prepayments to the District at any time toward Applicant’s future liabilities under this Agreement. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill xxxx or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant Applicant. Subject to the limitation set forth in this Section 4.8 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.4, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants for the preparation and filing of any financial reports, disclosures, or other reimbursement applications filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s Office, or for other legal expenses which are, or may be required under the terms of, or because of, the execution of this Agreement. The Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 not to exceed Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation Period, and for any Tax Year during the term of this Agreement for which the Comptroller’s Biennial Report is required. For any Tax Year outside of the Tax Limitation Period and for which the Comptroller’s Biennial Report is not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Five Hundred Dollars ($7,500.00).

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the The Applicant shall pay any amount determined by the Third Party Consultant to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – in its sole discretion – to make prepayments to the District at any time toward , however, such payment does not limit Applicant’s future liabilities under this Agreementrights to dispute such calculations pursuant to Section 4.9 below. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant . Subject to the limitation set forth in this Section 4.8 below, by By such date, the Applicant shall also pay any amount billed by the Third Party Consultant for all calculations under this Agreement under Section 4.44.7, above, plus any reasonable unpaid amount due and necessary legal expenses paid owing under Section 4.4, or incurred by the District to its attorneys, auditors, auditors or financial consultants for the preparation and filing of any financial reports, disclosures, or tax credit or other reimbursement applications application filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s Office, or for other legal expenses Texas which are, or may be be, required under the terms of, or because of, of the execution of this Agreement. The Notwithstanding the foregoing, for no Tax Year during the term of this Agreement shall the Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses to the Third Party Consultant under this Section 4.8 not to exceed and Section 4.7 above, in excess of Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation PeriodYear, and except that, for any Tax Year during the term of this Agreement for which the Comptroller’s Biennial Report is required. For any Tax Year outside of the Tax Limitation Period and for which the Comptroller’s Biennial Report is not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Thousand Five Hundred Dollars ($7,500.00). Payment for all amounts due and owing not made on or before the January 31 due date or any amount invoiced by or on behalf of the District and not paid within 30 days from the due date shall be considered delinquent. For delinquent payments, the Applicant shall be subject to penalty and interest in accordance with the methodology set forth in Chapter 33 of the Texas Tax Code. Penalties on said amounts shall be calculated in accordance with Section 33.01(a) of the Texas Tax Code, or its successor statute. Interest on said amounts shall be calculated in accordance with the methodology set forth in Section 33.01(c) of the Texas Tax Code, or its successor statute.

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the Applicant shall pay any amount determined by the Third Party to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – in its sole discretion – to make prepayments to the District at any time toward Applicant’s future liabilities under this Agreement. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant . Subject to the limitation set forth in this Section 4.8 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.4, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants for the preparation and filing of any financial reports, disclosures, or other reimbursement applications filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s Office, or for other legal expenses which are, or may be required under the terms of, or because of, the execution of this Agreement. The Notwithstanding the foregoing, for no Tax Year during the term of this Agreement shall the Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses to the Third-Party and the District’s attorneys, auditors, and financial consultants under this Section 4.8 not to exceed and Section 4.7, above, in excess of (i) Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation Period, Period and (ii) Seven Thousand Five Hundred Dollars ($7,500.00) for any Tax Year during the term of this Agreement for which the Comptroller’s Biennial Report is required. For any Tax Year outside of not included in the Tax Limitation Period and for which the Comptroller’s Comptroller Biennial Report is reports are not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Five Hundred Dollars ($7,500.00).

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the Applicant shall pay any amount determined by the Third Party to be due and owing to the District under this Agreement on or before the January 31 of the year next following the tax levy for each year for which this Agreement is effective; provided that Applicant shall have the option – - in its sole discretion – - to make prepayments to the District at any time toward Applicant’s 's future liabilities under this Agreement. Any such prepayments shall be deducted from amounts due and owing by Applicant on the next bill or bills issued by the Third Party until the full amount of such prepayments have been credited to Applicant . Subject to the limitation set forth in this Section 4.8 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.4, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants for the preparation and filing of any financial reports, disclosures, or other reimbursement applications filed with or sent to the State of Texas, for any audits conducted by the State Auditor’s 's Office, or for other legal expenses which are, or may be required under the terms of, or because of, the execution of this Agreement. The Applicant shall only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 not to exceed Fifteen Thousand Dollars ($15,000.00) for any Tax Year during the Tax Limitation Period, and for any Tax Year during the term of this Agreement for which the Comptroller’s 's Biennial Report is required. For any Tax Year outside of the Tax Limitation Period and for which the Comptroller’s 's Biennial Report is not required, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.8 which exceeds Seven Thousand, Five Hundred Dollars ($7,500.00).