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. Subject to the limitation set forth in this Section 4.7 below, by such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.6 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. In no year shall the Applicant be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.7 exceeding Fifteen Thousand Dollars ($15,000). For any Tax Year outside of the Tax Limitation Period, Applicant shall not be responsible for payment of an aggregate amount of fees and expenses under this Section which exceeds Ten Thousand Dollars ($10,000).

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. Subject to the limitation set forth in this Section 4.7 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 4.6 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. In no year shall the Applicant be responsible The Applicant’s obligation for the payment of an aggregate amount of fees and expenses under this Section 4.7 exceeding 4.8 shall not exceed Fifteen Thousand Dollars ($15,000). For 15,000.00) for any Tax Year outside of during the Tax Limitation Period, Applicant shall not be responsible for payment of an aggregate amount of fees and expenses under this Section which exceeds Ten Five Thousand Dollars ($10,000)5,000.00) for any Tax Year outside the Tax Limitation Period.

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the 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. Subject to the limitation set forth in this Section 4.7 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 4.6 4.6, above, plus any reasonable and necessary legal expenses paid by the District to its attorneys, auditors, or financial consultants (both of which amounts are subject to the cumulative limitation set forth in this Section 4.7 below) for the preparation and filing of any financial reports, disclosures, or Tax Credit 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 Texas which are, or may be required under the terms of, or because of, of the execution of this Agreement. In no year shall During the term of the Tax Limitation Period, the Applicant shall be responsible for the payment of an aggregate amount of fees and expenses to Consultant under this Section 4.7 exceeding section in an amount that shall not exceed Fifteen Thousand Dollars ($15,00015,000.00). For any Tax Year outside of the Tax Limitation PeriodPeriod and for which the required Comptroller’s Biennial Report is not due, Applicant shall not be responsible for the payment of an aggregate amount of fees and expenses to Consultant under this Section which exceeds Ten section in an amount that shall not exceed Eight Thousand Dollars ($10,0008,000.00).

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. Subject to the limitation set forth in this Section 4.7 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 4.6 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. In no year The Applicant shall the Applicant only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.7 exceeding 4.8 not to exceed Fifteen Thousand Dollars ($15,00015,000.00). For any ; except that, for Tax Year outside years prior to the commencement of the Tax Limitation Period, Applicant shall not only be responsible for the payment of an aggregate amount of fees and expenses under this Section which exceeds Ten 4.8 not to exceed Seven Thousand Five Hundred Dollars ($10,0007500.00).

PAYMENT BY APPLICANT. Subject to Section 4.9 below, the 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, subject to Applicant’s rights to dispute such calculations pursuant to Section 4.9, below. Subject to the limitation set forth in this Section 4.7 below, by By such date, the Applicant shall also pay any amount billed by the Third Party for all calculations under this Agreement under Section 4.6 aboveParty, plus any reasonable and necessary out-of-pocket third-party 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 Texas which are, or may be required under the terms of, or because of, of the execution of this Agreement. In For no year Tax Year during the Tax Limitation Period of this Agreement shall the Applicant be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.7 exceeding 4.8 which exceeds Fifteen Thousand Dollars ($15,00015,000.00). For any Tax Year outside of the Tax Limitation PeriodPeriod 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 4.6 which exceeds Ten Seven Thousand Five Hundred Dollars ($10,0007,500.00).

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. Subject to the limitation set forth in this Section 4.7 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 4.6 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. In no year The Applicant shall the Applicant only be responsible for the payment of an aggregate amount of fees and expenses under this Section 4.7 exceeding 4.8 not to exceed Fifteen Thousand Dollars ($15,00015,000.00). For any Tax Year outside of the Tax Limitation PeriodPeriod 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 Ten Seven Thousand Five Hundred Dollars ($7,500.00); provided, however, that in the event the Applicant appeals the Third Party calculations as provided in Section 4.9, below, the Applicant shall be responsible for an aggregate amount of fees and expenses under this Section 4.8 not to exceed Fifteen Thousand Dollars ($10,00015,000).