Common use of Annual Appropriation Clause in Contracts

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 2036.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filedDecember 1, 2024, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than one-twelfth (1/12) of the most recently submitted Company’s EstimateMaximum Payment Total. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company DEDC will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto thereto, or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362037.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filedDecember 1, 2024, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than one-tenth (1/10) of the most recently submitted Company’s EstimateMaximum Payment Total. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company DEDC will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto thereto, or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362035.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning commencing in the calendar year in which the Triggering Certification is filed2021, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments Payment shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20362037. It is the intention and desire of the City Council, at the passage of this Developer’s Agreement, that funds will be annually appropriated as contemplated herein absent a finding by the City Council of severe hardship to the City.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed2025, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments Payment shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 2036.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted CompanyDeveloper’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company Developer will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20362027.

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filedDecember 1, 2023, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, year an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the such following fiscal year equal to or less than $16,000 (the most recently submitted Company’s Estimate“Appropriated Amount”). In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto thereto, or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362034.

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning commencing in the calendar year in which the Triggering Certification is filed2020, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted CompanyProperty Owner’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company Property Owner will 4826-0725-0068\3 have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Property Owner shall make the next succeeding submission of the Property Owner’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20362031.

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filedDecember 1, 20[23], the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, year an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the such following fiscal year equal to or less than $16,000 (the most recently submitted Company’s Estimate“Appropriated Amount”). In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto thereto, or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362034.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (Term, as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted CompanyDeveloper’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company Developer will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section B.6 below, provided however that no Payment shall be made under this Agreement after June 1, 20362037.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (Term, as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.3 above, provided however that no Payment shall be made under this Agreement after June 1, 20362019.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed2022, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payment or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments Payment shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.6 above, provided however that no Payment shall be made after June 1, 20362033.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (Term, as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.3 above, provided however that no Payment shall be made under this Agreement after June 1, 20362023.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed2023, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payment or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments Payment shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.8 above, provided however that no Payment shall be made after June 1, 20362034.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20362030.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) term of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s ’ Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’ Estimate as called for in Section A.3 above, provided however that no Payment shall be made after June 1, 20362018.

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 2036.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filedDecember 1, 2024, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate$50,000. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company DEDC will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto thereto, or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362035.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (Term, as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.5 above, provided however that no Payment shall be made after June 1, 203620 .

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362035.

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (Term, as hereinafter defined) , of this Agreement, beginning commencing in the calendar year in which the Triggering Certification is filed2018, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted CompanyDeveloper’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company Developer will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.5 above, provided however that no Payment shall be made after June 1, 20362034.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed2027, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted CompanyDeveloper’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company Developer will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments Payment shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20362038.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filedDecember 1, 2024, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments Payment due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate$90,000. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company DEDC will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto thereto, or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, provided however that no Payment shall be made after June 1, 20362035.

Annual Appropriation. The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning commencing in the calendar year in which the Triggering Certification is filed2023, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due scheduled to be made in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than an amount to be supplied to the most recently submitted Company’s EstimateCity Council annually by City staff. In no event shall the Appropriated Amount exceed $50,000. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company Corporation will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the City Council shall make the next succeeding consideration of an Appropriated Amount, provided however that no Payment shall be made after June 130, 20362029.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning commencing in the 2020 calendar year in which the Triggering Certification is filedyear, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted CompanyBank’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company Bank will have no rights whatsoever to compel the City to make such Payments, Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Bank shall make the next succeeding submission of the Bank’s Estimate as called for in Section A.5 above, provided however that no Payment shall be made after June 1, 20362031.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed2025, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 2036.

Annual Appropriation. The Payments Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed2025, the City Council of the City shall consider the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Company’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then-then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments Payment scheduled to become due in the following fiscal year, and the Company will have no rights whatsoever to compel the City to make such PaymentsPayment, to seek damages relative thereto or to compel the funding of such Payments Payment in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments Payment shall not render this Agreement null and void, and the Company shall make the next succeeding submission of the Company’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20362041.