Common use of Protection of Tax Exempt Status of the Project Clause in Contracts

Protection of Tax Exempt Status of the Project. In order to insure that the Project is not and will not become subject to ad valorem property taxes under the laws of the State of South Carolina or any political subdivision thereof, the County and the Company covenant that: (a) all right and privileges granted to either party under this Fee Agreement or any other Documents shall be exercised so that if any conflict between this Section and any other provision in any document shall arise, then in that case, this Section shall control; (b) the County and the Company have not knowingly committed or permitted and will not knowingly commit or permit (as to any act over which either has control) any act which would cause the Project to be subject to ad valorem property taxes by the County or political subdivision of the State of South Carolina in which any part of the Project is located; and (c) the Company will maintain the identity of the Project as a “project” in accordance with the Act.

Appears in 3 contracts

Samples: Fee Agreement, Fee in Lieu of Ad Valorem Taxes and Special Source Revenue Credit Agreement, Fee Agreement

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Protection of Tax Exempt Status of the Project. In order to insure that the Project is not and will not become subject to ad valorem property taxes under the laws of the State of South Carolina or any political subdivision thereof, the County and the Company covenant that: (a) all right and privileges granted to either party under this Fee Agreement or any other Documents shall be exercised so that if any conflict between this Section and any other provision in any document shall arise, then in that case, this Section shall control; (b) the County and the Company have not knowingly committed or permitted and will not knowingly commit or permit (as to any act over which either has control) any act which would cause the Project to be subject to ad valorem property taxes by the County or political subdivision of the State of South Carolina in which any part of the Project is located; and (c) the Company will maintain the identity of the Project as a “project” in accordance with the Act.

Appears in 2 contracts

Samples: Fee Agreement, Fee Agreement

Protection of Tax Exempt Status of the Project. In order to insure ensure that the Project is not and will not become subject to ad valorem property taxes under the laws of the State of South Carolina or any political subdivision thereof, the County and the Company covenant that: (a) all right and privileges granted to either party under this Fee Agreement or any other Documents shall be exercised so that if any conflict between this Section and any other provision in any document shall arise, then in that case, this Section shall control; (b) the County and the Company have not knowingly committed or permitted and will not knowingly commit or permit (as to any act over which either has control) any act which would cause the Project to be subject to ad valorem property taxes by the County or political subdivision of the State of South Carolina in which any part of the Project is located; and (c) the Company will maintain the identity of the Project as a “project” in accordance with the Act.

Appears in 2 contracts

Samples: Fee Agreement, Fee Agreement

Protection of Tax Exempt Status of the Project. In order to insure that the Project is not and will not become subject to ad valorem property taxes under the laws of the State of South Carolina or any political subdivision thereof, the County and the Company Company, and as applicable, any Sponsor Affiliate covenant that: (a) all right and privileges granted to either party under this Fee Agreement or any other Documents shall be exercised so that if any conflict between this Section and any other provision in any document shall arise, then in that case, this Section shall control; (b) the County and the Company have It has not knowingly committed or permitted and will not knowingly commit or permit (as to any act over which either has control) any act which would cause the Project to be subject to ad valorem property taxes by the County or political subdivision of the State of South Carolina in which any part of the Project is located; and (c) the Company will maintain the identity of the Project as a “project” in accordance with the Act.

Appears in 1 contract

Samples: Fee in Lieu of Ad Valorem Taxes and Special Source Revenue Credit Agreement

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Protection of Tax Exempt Status of the Project. In order to insure that the Project is not and will not become subject to ad valorem property taxes under the laws of the State of South Carolina or any political subdivision thereof, the County and the Company covenant that: (ai) all right and privileges granted to either party under this Fee Agreement or any other Documents shall be exercised so that if any conflict between this Section and any other provision in any document shall arise, then in that case, this Section shall control; (bii) the County and the Company have not knowingly committed or permitted and will not knowingly commit or permit (as to any act over which either has control) ), except in accord with this Agreement, any act which would cause the Project to be subject to ad valorem property taxes by the County or political subdivision of the State of South Carolina in which any part of the Project Facilities is located; and (ciii) the Company will maintain the identity of the Project Facilities as a “project” in accordance with the Act.

Appears in 1 contract

Samples: Lease Agreement (GNC Acquisition Holdings Inc.)

Protection of Tax Exempt Status of the Project. In order to insure that the Project is not and will not become subject to ad valorem property taxes under the laws of the State of South Carolina or any political subdivision thereof, the County and the Company covenant that: (a) all right and privileges granted to either party under this Fee Agreement or any other Documents shall be exercised so that if any conflict between this Section and any other provision in any document shall arise, then in that case, this Section shall control; (b) the County and the Company have it has not knowingly committed or permitted and will not knowingly commit or permit (as to any act over which either has control) any act which would cause the Project to be subject to ad valorem property taxes by the County or political subdivision of the State of South Carolina in which any part of the Project is located; and (c) the Company will maintain the identity of the Project as a “project” in accordance with the Act.

Appears in 1 contract

Samples: Fee in Lieu of Ad Valorem Taxes Agreement

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