Common use of Request for Appropriation Clause in Contracts

Request for Appropriation. To the extent permitted by law, the Town covenants and agrees as follows: (a) During the term of this Lease, the Town covenants and agrees (i) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of the Town in accordance with applicable law an item for expenditure of an amount necessary (after taking into account any moneys then legally available for such purpose, including but not limited to such revenues and receipts, if any, as may be generated by the Town’s operation or subleasing of the Project) to pay the Base Rentals and reasonably estimated Additional Rentals (calculated as provided herein) for the Project during the next succeeding Renewal Term, and (ii) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of the Town for its consideration seeks an appropriation of moneys sufficient to pay such Base Rentals and Additional Rentals for each such Renewal Term, including all such actions for such purpose as may be required under the Uniform Fiscal Procedures Act, Title 17, Chapter 36, Utah Code Annotated 1953, as amended (the “Uniform Fiscal Procedures Act”). The first such inclusion in the Town’s annual tentative budget shall be made under applicable law in the fiscal year prior to the fiscal year commencing January 15, 2025, so that the Base Rentals payable during such Renewal Term and the reasonably estimated Additional Rentals payable during such Renewal Term will have been appropriated for such purpose, and subsequent inclusions in each respective tentative budget for appropriations by the Town shall be made in each fiscal year thereafter so that the Base Rentals to be paid during the succeeding Renewal Term and Additional Rentals payable during such Renewal Term will be available for such purposes as long as the governing body of the Town determines to approve such amount in the final budget as adopted. (b) To effect the covenants set forth in (a) above, the Town hereby directs its “budget officer” (as such term is defined in the Uniform Fiscal Procedures Act, or any other officer at the time charged with the responsibility of formulating budget proposals) to include in the tentative budget prepared annually by such budget officer or other officer and submitted to the governing body of the Town, in any year in which this Lease is in effect, items for all payments required for the ensuing Renewal Term under this Lease. It is hereby expressed as the intention of the Town that the decision to renew or not to renew the term of this Lease is to be made solely by the governing body of the Town at the time it considers for adoption the final budget for each of its fiscal years and corresponding Xxxxxxx Xxxxx hereunder, and not by any official of the Town, acting in his or her individual capacity as such. In this connection, the Town hereby covenants and agrees that such budget officer or other officer shall not amend, modify or otherwise change the appropriations made in any finally adopted budget for the payment of any Base Rentals or Additional Rentals without the express prior approval of the governing body of the Town.

Request for Appropriation. To the extent permitted by law, the Town Sublessee covenants and agrees as follows: (a) During the term of this LeaseSublease, the Town Sublessee covenants and agrees (i) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of the Town Sublessee in accordance with applicable law an item for expenditure of an amount necessary (after taking into account any moneys then legally available for such purpose, including but not limited to such revenues and receipts, if any, as may be generated by the Town’s Sublessee's operation or subleasing of the Project) to pay the Base Rentals and reasonably estimated Additional Rentals (calculated as provided herein) for the Project during the next succeeding Renewal Term, and (ii) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of the Town Sublessee for its consideration seeks an appropriation of moneys sufficient to pay such Base Rentals and Additional Rentals for each such Renewal Term, including all such actions for such purpose as may be required under the Uniform Fiscal Procedures Act, Title 17, Chapter 36, Utah Code Annotated 1953, as amended (the “Uniform Fiscal Procedures Act”). The first such inclusion in the Town’s Sublessee's annual tentative budget shall be made under applicable law in the fiscal year prior to the fiscal year commencing January 151, 2025, so that the Base Rentals payable during such Renewal Term and the reasonably estimated Additional Rentals payable during such Renewal Term will have been appropriated for such purpose, and subsequent inclusions in each respective tentative budget for appropriations by the Town shall be made in each fiscal year thereafter so that the Base Rentals to be paid during the succeeding Renewal Term and Additional Rentals payable during such Renewal Term will be available for such purposes as long as the governing body of the Town determines to approve such amount in the final budget as adopted2021. (b) To effect the covenants set forth in (a) above, the Town Sublessee hereby directs its “budget officer” (as such term is defined in the Uniform Fiscal Procedures Act, or any other officer at the time charged with the responsibility of formulating budget proposals) , to include in the tentative budget prepared annually by such budget officer or other officer and submitted to the governing body of the TownSublessee, in any year in which this Lease Sublease is in effect, items for all payments required for the ensuing Renewal Term under this LeaseSublease. It is hereby expressed as the intention of the Town Sublessee that the decision to renew or not to renew the term of this Lease Sublease is to be made solely by the governing body of the Town Sublessee at the time it considers for adoption the final budget for each of its fiscal years and corresponding Xxxxxxx Xxxxx Renewal Terms hereunder, and not by any official of the TownSublessee, acting in his or her individual capacity as such. In this connection, the Town Sublessee hereby covenants and agrees that such budget officer or other officer shall not amend, modify modify, or otherwise change the appropriations made in any finally adopted budget for the payment of any Base Rentals or Additional Rentals without the express prior approval of the governing body of the TownSublessee; provided, however, that nothing in this Section shall be construed to give Sublessee the unilateral right to renew this Sublease.

Request for Appropriation. To During the extent permitted by lawLease Term, the Town Board covenants and agrees as follows: (a) During the term of this Lease, the Town covenants and agrees (i) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of the Town Board in accordance with applicable law an item for expenditure of an amount necessary (after taking into account any moneys and all Board Funds then legally available for such purpose), including but not limited to such revenues and receipts, if any, as may be generated by the Town’s operation or subleasing of the Project) to pay the Base Rentals and reasonably estimated Additional Rentals (calculated as provided hereinpursuant to Section 6.2 hereof) for the Project Projects during the next succeeding Renewal Term, and Xxxxxxx Xxxx; and (iib) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of the Town Board for its consideration seeks an appropriation of moneys Board Funds sufficient to pay such Base Rentals and Additional Rentals for each such Renewal Term, including all such actions for such purpose as may be required under the Uniform Fiscal Procedures Act, Title 17, Chapter 36, Utah Code Annotated 1953, as amended (the “Uniform Fiscal Procedures Act”)State law. The first such next inclusion in the Town’s Board's annual tentative budget shall be made under applicable law in the fiscal year prior to the fiscal year commencing January 15July 1, 20252020, so that the Base Rentals payable during such Renewal Term and the reasonably estimated Additional Rentals payable during such Renewal Term will have been appropriated for such purpose, and subsequent inclusions in each respective tentative budget for appropriations by the Town Board shall be made in each fiscal year thereafter so that the Base Rentals and Additional Rentals to be paid during the succeeding Renewal Term and Additional Rentals payable during such Renewal Term will be available for such purposes as long as the governing body of the Town Board determines to approve such amount in the final budget as adopted. (b) . To effect the covenants set forth in (a) above, the Town Board hereby directs its “budget officer” (as such term is defined in the Uniform Fiscal Procedures Act, or any other officer at the time charged with the responsibility of formulating budget proposals) , to include in the tentative budget prepared annually by such budget officer or other officer and submitted to the governing body of the TownBoard, in any year in which this Master Lease is in effect, items for all payments required for the ensuing Renewal Term under this Master Lease. It is hereby expressed as the intention of the Town Board that the decision to renew or not to renew the term of this Master Lease is to be made solely by the governing body of the Town Board at the time it considers for adoption of the final budget for each of its fiscal years and corresponding Xxxxxxx Xxxxx hereunder, and not by any official of the TownBoard, acting in his or her individual capacity as such. In this connection, the Town Board hereby covenants and agrees that such budget officer or other officer shall not amend, modify or otherwise change the appropriations made in any finally adopted budget for the payment of any Base Rentals or Additional Rentals without the express prior approval of the governing body of the TownBoard.

Request for Appropriation. To the extent permitted by law, the Town County covenants and agrees as follows: (a) During the term of this Lease, the Town County covenants and agrees (i) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of the Town County in accordance with applicable law an item for expenditure of an amount necessary (after taking into account any moneys then legally available for such purpose, including but not limited to such revenues and receipts, if any, as may be generated by the TownCounty’s operation or subleasing of the Project) to pay the Base Rentals and reasonably estimated Additional Rentals (calculated as provided herein) for the Project during the next succeeding Renewal Term, and (ii) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of the Town County for its consideration seeks an appropriation of moneys sufficient to pay such Base Rentals and Additional Rentals for each such Renewal Term, including all such actions for such purpose as may be required under the Uniform Fiscal Procedures ActAct for Counties, Title 17, Chapter 36, Utah Code Annotated 1953, as amended (the “Uniform Fiscal Procedures Act”). The first such inclusion in the TownCounty’s annual tentative budget shall be made under applicable law in the fiscal year prior to the fiscal year commencing January 15December 1, 20252010, so that the Base Rentals payable during such Renewal Term and the reasonably estimated Additional Rentals payable during such Renewal Term will have been appropriated for such purpose, and subsequent inclusions in each respective tentative budget for appropriations by the Town County shall be made in each fiscal year thereafter so that the Base Rentals to be paid during the succeeding Renewal Term and Additional Rentals payable during such Renewal Term will be available for such purposes as long as the governing body of the Town County determines to approve such amount in the final budget as adopted. (b) . To effect the covenants set forth in (a) above, the Town County hereby directs its “budget officer” (as such term is defined in the Uniform Fiscal Procedures Act, or any other officer at the time charged with the responsibility of formulating budget proposals) to include in the tentative budget prepared annually by such budget officer or other officer and submitted to the governing body of the TownCounty, in any year in which this Lease is in effect, items for all payments required for the ensuing Renewal Term under this Lease. It is hereby expressed as the intention of the Town County that the decision to renew or not to renew the term of this Lease is to be made solely by the governing body of the Town County at the time it considers for adoption the final budget for each of its fiscal years and corresponding Xxxxxxx Xxxxx hereunder, and not by any official of the TownCounty, acting in his or her individual capacity as such. In this connection, the Town County hereby covenants and agrees that such budget officer or other officer shall not amend, modify or otherwise change the appropriations made in any finally adopted budget for the payment of any Base Rentals or Additional Rentals without the express prior approval of the governing body of the Town.County. ACQUISITION OF THE PROJECT AND ISSUANCE OF SERIES 2024 BONDS