CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Third Party”) selected and appointed each year by the District, subject to approval by Applicant in writing, which approval shall not unreasonably be withheld.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by a qualified and experienced independent third party (the “Third Party”) appointed each year by the District subject to approval by the Applicant, such approval not to be unreasonably withheld. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Third Party under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Third Party”) selected each year by the District, with the consent of the Applicant. In the event the Applicant and the District cannot agree upon a Third Party, the Parties will participate in mediation as provided in Section 9.3 of this Agreement. In addition to the amounts determined pursuant to Section 4.2 above, the Applicant, on an annual basis, shall also indemnify and reimburse the District for any reasonable and necessary costs to the District, including costs under Subsection 8.6(C), below, which are or may be attributable to compliance with State-imposed costs of compliance with the terms of this Agreement. In the event that the calculations made under this Agreement by the Third Party should become the subject of litigation, the Parties stipulate that the Third Party’s participation in any such dispute shall be limited to providing the court or administrative body with jurisdiction over such dispute with an explanation of the methodology used in reaching the Third Party’s calculation so as to assist the court or administrative body.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be XxXxxxxx School Finance Consulting. If the District desires to select a Consultant other than XxXxxxxx School Finance Consulting, such selection must receive the Applicant’s consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Third Party”) approved each year by the District. The District agrees that for all Tax Years the Third Party selected by the District shall be either RM School Finance Consulting or Xxxx Xxxxx & Associates. If the District desires to select a Third Party other than RM School Finance Consulting or Xxxx Xxxxx & Associates, such selection must receive the Applicant’s consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Third Party under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Third Party”) selected each year by the District, with the consent of the Applicant. In the event the Applicant and the District cannot agree upon a Third Party, the Parties will participate in mediation as provided in Section 9.3 of this Agreement. In addition to the amounts determined pursuant to Section 4.2 above, the Applicant, on an annual basis, shall also indemnify and reimburse the District for the following: Any other reasonable and necessary costs to the District, including costs under Subsection 8.6(C), below, which are or may be attributable to compliance with State-imposed costs of compliance with the terms of this Agreement.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be Xxxx, Xxxxx & Associates. If the District desires to select a Consultant other than Xxxx, Xxxxx & Associates, such selection must receive the Applicant's consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors. Applicant shall only be responsible for payment of fees and expenses under Section 4.7 not to exceed either (i) $12,000 per year for the years of the Tax Limitation Period and for which the Consultant is required to prepare calculations under Section 4.4; or (ii) $6,000 per year for years during the Qualifying Time Period and any year following the Tax Limitation Period during which Supplemental Payments are due to the District and/or required reports are due to the State Comptroller on the Project. This fee may be increased each year of this Agreement by not more than FIVE PERCENT (5%).
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the "Consultant”) approved each year by the District. The District agrees that for all Tax Years the Consultant selected by the District shall be Xxxxxxx Consulting, LLC. If the District desires to select a Consultant other than Xxxxxxx Consulting, LLC, such selection must receive the Applicant's consent, which consent shall not be unreasonably withheld, delayed, or conditioned. To the extent not inconsistent with a statutory change to Applicable School Finance Law, all calculations made by the Consultant under this Agreement shall be made using a methodology which isolates only the revenue impact caused by this Agreement. Applicant shall not be responsible to reimburse District for other revenue losses created by other agreements or any other factors. Applicant shall only be responsible for payment of fees and expenses under this Section 4.4 not to exceed 15,000 per year for any Tax Year during the Tax Limitation Period, and $7,500 per year for any Tax Year outside the Tax Limitation Period.
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Article IV shall be made annually by an independent third party (the “Consultant”) selected each year by the District, subject to written approval by Applicant. Applicant shall be solely responsible for payment of the Consultant’s fees and other District fees and expenses up to a total of (i) TWELVE THOUSAND DOLLARS ($12,000.00) for any Tax Year during the Tax Limitation Period and
CALCULATIONS TO BE MADE BY THIRD PARTY. All calculations under this Agreement shall be made annually by an independent third party (the “Third Party”) approved each year by the District. The District agrees that for all Tax Years the Third Party selected by the District shall be either RM School Finance Consulting or Xxxx Xxxxx & Associates. If the District desires to select a Third Party other than RM School Finance Consulting or Xxxx Xxxxx & Associates, such selection must receive the Applicant’s consent, which consent shall not be unreasonably withheld, delayed, or conditioned.
