Common use of SUPPLEMENTAL PAYMENT LIMITATION Clause in Contracts

SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing: A. the total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application; B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period. C. the limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement. D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 of the TEXAS EDUCATION CODE, based upon an amount no less than the 2020-2021 Average Daily Attendance of 1698, rounded to the whole number. E. If the Applicant notifies the District in writing that it will not commence construction of the Applicant’s Qualified Investment, then the Applicant shall have no obligation to pay any Supplemental Payment otherwise due for any Tax Year commencing after the date the Applicant provides such written notification to the District.

SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing: A. the The total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 42.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the ApplicationApplicant; B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period January 1, 2022, and ending December 31 of the third year following the end of the Tax Limitation Period.: C. the The limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement.; and D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 61 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 42.005 of the TEXAS EDUCATION CODE, based upon an amount no less than the 2020District’s 2017-2021 2018 Average Daily Attendance of 169822,760, rounded to the whole number. E. If The Parties further agree that Supplemental Payments shall first be due and owing during the Applicant notifies the District in writing that it will not commence construction first year of the Applicant’s Qualified InvestmentQualifying Time Period as defined herein at Section 2.3.C and for each year thereafter, then ending with the Applicant shall have no obligation to pay any Supplemental Payment otherwise due for any last year of the Tax Year commencing after the date the Applicant provides such written notification to the District.Limitation Period as defined herein at Section 2.3.D.

SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing: A. the total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 42.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application; B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period. C. the limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement.Agreement . Comptroller Form 50-826 (Jan 2016) D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 42.005 of the TEXAS EDUCATION CODE, based upon an amount no less than [Insert one of the 2020-2021 following: i. the District’s [Insert Attendance Year] Average Daily Attendance of 1698[Insert Attendance Amount], rounded to the whole number. E. If the Applicant notifies the District in writing that it will not commence construction of the Applicant’s Qualified Investment, then the Applicant shall have no obligation to pay any Supplemental Payment otherwise due for any Tax Year commencing after the date the Applicant provides such written notification to ii. the District’s Average Daily Attendance for the previous school year.]

SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing: A. the total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 42.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application;. B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period. C. the limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement. D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 42.005 of the TEXAS EDUCATION CODE, based upon an amount no less than the 2020-2021 District’s Average Daily Attendance of 1698for the previous school year, rounded to the whole number. E. If the Applicant notifies the District in writing or any greater amount that it will not commence construction of the Applicant’s Qualified Investment, may be then the Applicant shall have no obligation permitted by law. Failure to pay any such Supplemental Payment otherwise due for any Tax Year commencing after the date the Applicant provides such written notification to the DistrictPayments shall constitute Material Breach of this Agreement, as ser forth more fully herein at Article IX.