Certiorari Sample Clauses

Certiorari. Schedule 2.8 of the Disclosure Schedule identifies all proceedings for certiorari or other proceedings to determine the assessed value of the Properties or the real property taxes payable with respect to the Properties which have been or may be commenced prior to the Closing Date hereof and may be continuing as of the Closing Date. Purchaser will be entitled to control the prosecution of any proceeding or proceedings for the years prior to and including the year in which the Closing occurs to completion and to settle or compromise any claim therein. Purchaser will keep Seller informed on a timely basis on all matters with respect to any proceedings and seek Seller's reasonable consent and approval to the extent required in this Section 2.8. The parties hereto agree to cooperate with each other and to execute any and all documents reasonably requested by the other party in furtherance of the foregoing. With respect to any awards for the years prior to the year of the Closing, Purchaser will be entitled to first recover the reasonable costs it has expended in obtaining any awards and thereafter, Seller will be entitled to the remainder of the awards, subject to Seller's obligation to rebate any portion of those amounts to Tenants. With respect to any awards for the year in which the Closing occurs, Purchaser will be entitled to first recover the reasonable costs it has expended in obtaining any awards and Seller shall then be entitled to recover the reasonable costs it has expended in obtaining any awards, and thereafter, Seller and Purchaser will apportion the remainder of any awards between the period before the Closing and the period following the Closing, subject to their obligation to rebate any portion of those amounts to Tenants. In connection with the foregoing, Seller agrees to assign, subject to the provisions of this Section 2.8, to Purchaser at the Closing all of Seller's right, title and interest to the foregoing certiorari proceedings that are for the year in which the Closing occurs and all refunds relating thereto and cooperate with Purchaser with respect thereto. Purchaser will promptly remit to Seller any monies received which are to be paid to and/or shared by Seller as provided herein. Purchaser will not settle or compromise any proceeding that involves a tax year prior to and including the year in which the Closing occurs, without the consent of Seller, such consent not to be unreasonably withheld, delayed or conditioned. The provisions ...
Sample 1Sample 2See All (8)
AutoNDA by SimpleDocs
Certiorari. – Any petition for a writ of certiorari seeking review by the Supreme Court of the United States of a judgment or order by the Court of Appeals under this subsection shall be filed within 10 days after the entry of judgment or order. Any opposition shall be filed within 10 days after filing of the petition. The Supreme Court shall advance any such petition on its docket and expedite its consideration of the petition to the greatest extent possible, with a view to acting on the petition within 30 days after it is filed if practicable. In the event the petition is granted, the Supreme Court shall expedite consideration to the greatest extent possible, with a view to issuing an order within 70 days of the grant of the writ of certiorari if practicable. (4)
Sample 1
Certiorari. 13.1. Seller represents that there are no pending certiorari proceedings with respect to all or a portion of the Property. Between the date of this Agreement and the Closing, Seller may bring, with Purchaser's approval not to be unreasonably withheld, all certiorari proceedings with respect to the reduction of the tax assessment for calendar year 1996 and earlier. Seller shall have the right to make any settlement for calendar years prior to 1997, provided such settlement does not prejudice Purchaser, without Purchaser's approval and Seller shall be entitled to retain all savings and refunds obtained therefrom. Any settlement for calendar year 1997 shall require Purchaser's approval, which shall not be unreasonably withheld or delayed. Purchaser agrees to fully cooperate with Seller in any such certiorari proceedings.
Sample 1
Certiorari. Seller shall retain sole and absolute interest in proceedings against The City New York and its agencies, including, but not limited to, the New York City Department of Finance, New York City Tax Commission and New York City Law Department, which relate to the protest or appeal of the assessment of real property for tax years prior to the tax year in which the Closing occurs. As such, seller shall have sole interest in and sole authority to settle, pursue or initiate any proceedings for tax years commencing prior to the sale of the property. Said authority shall survive the sale of the property.
Sample 1
Certiorari a. Seller represents and Purchaser acknowledges that there is currently a certiorari proceeding pending for the reduction of the assessed valuation of the Property and Seller instituted said proceeding. If there is a proceeding pending, Seller may not settle such proceedings without Purchaser's written consent, which shall not be unreasonably withheld. If there is not a proceeding pending, Seller, at Purchaser's request and expense, shall institute a tax reduction proceeding for the year in which the Closing Date occurs.
Sample 1
Certiorari. If any certiorari or other proceedings for the ---------- reduction of real estate taxes are pending at the Closing Date, Partnership shall take over the prosecution of such action with counsel of Partnership's choice; provided, however, that Partnership will not settle or compromise such -------- ------- pending action other than for immediate payment without Contributor's prior written consent. Any tax refund resulting from such proceeding, net of Contributor's and Partnership's costs of prosecuting the same, and after deducting any refunds required to be made to tenants pursuant to Leases, shall be apportioned between Contributor and Partnership in the same proportion that real estate taxes for such tax year are apportioned.
Sample 1
Certiorari. 12.01 All certiorari proceedings, if any, pending on the Closing Date or which may be brought by Seller after the Closing Date, with respect to the reduction of the tax assessment for fiscal tax year 1996 and earlier, may, at Seller's election be continued or brought by Seller. Seller shall have the right to make any settlement for fiscal tax years prior to 1997 thereof, without Purchaser's approval and Seller shall be entitled to retain all savings and refunds obtained therefrom. Any certiorari for fiscal tax year 1997 may be brought by either Seller or Purchaser but only (as to Seller) with the approval of Purchaser and any settlement for fiscal tax year 1997 shall require Purchaser's approval, which shall not be unreasonably withheld or delayed. Purchaser and Seller agree to fully cooperate with the other in any such certiorari proceedings.
Sample 1
AutoNDA by SimpleDocs

Related to Certiorari

  • Tax Certiorari All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;

  • Rehearsals Employees engaged casually for rehearsals shall be paid as set out in Table C of Schedule 1.

  • Reconsideration If We did not attempt to consult with Your Provider who recommended the Covered Service before making an adverse determination, the Provider may request reconsideration by the same clinical peer reviewer who made the adverse determination or a designated clinical peer reviewer if the original clinical peer reviewer is unavailable. For Preauthorization and concurrent reviews, the reconsideration will take place within one (1) business day of the request for reconsideration. If the adverse determination is upheld, a notice of adverse determination will be given to You and Your Provider, by telephone and in writing.

  • Appeal (1) An appeal against a decision of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of the notification of the decision.

  • Motion On a date mutually acceptable to the Parties that is not more than twenty (20) days from the Agreement Date, unless otherwise agreed by the Parties in writing, via e-mail or otherwise, the Receiver and the Committee (“Movants”) shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit E (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 19 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Movants will propose that Notice in substantially the form attached hereto as Exhibit A be sent via electronic mail, first-class mail, or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who is, at the time of Notice, a party in any case included in In re Stanford Entities Securities Litigation, MDL No. 2099 (N.D. Tex.) (the “MDL”), the SEC Action, or the Litigation who are deemed to have consented to electronic service through the CM/ECF System; sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who is, at the time of service, a party in any case included in the MDL, the SEC Action, or the Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Movants will further propose that Notice in substantially the form attached hereto as Exhibit F be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Movants shall provide Trustmark with a reasonable opportunity to review and comment on such motion papers.

  • Legal Appeals a. Nothing contained in these provisions is intended to limit or impair the rights of any vendor or Contractor to seek and pursue remedies of law through the judicial process. Appendix C Appendix C, Contract Modification Procedure, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein. Appendix D Appendix D, Pricing Schedules, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein. The Parties expressly agree that these prices are established as “maximum Not-To-Exceed prices”. The Contractor acknowledges that any mini-bid under this Centralized Contract which includes pricing in excess of the “maximum Not-To-Exceed price” shall be rejected by the Authorized User. Amendments to Appendix D, Pricing Schedules, shall be processed in accordance with Appendix C, Contract Modification Procedure, section 4.8, OGS Centralized Contract Modifications and section 4.23 Price Adjustments for OGS Centralized Contracts. Appendix E Appendix E, Report of Contract Purchases, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein. OGS reserves the right to make unilateral changes to this Report of Contract Purchases document. Appendix F Appendix F, Project Based Information Technology Consulting Services Processes and Forms, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein. OGS reserves the right to change the processes and forms set forth Appendix F in non-material and substantive ways without seeking a contract amendment. Appendix F is comprised of the following attachments:

  • No Bankruptcies No Obligor on any Receivable as of the related Cutoff Date was noted in the related Receivable File as being the subject of a bankruptcy proceeding.

  • Complaint To commence a proceeding, the complaining party (or parties) shall provide by certified mail, return receipt requested, a written Complaint to the BCBSA Corporate Secretary (which shall also constitute service on BCBSA if it is a respondent) and to any Plan(s) and/or Controlled Affiliate(s) named therein. The Complaint shall contain:

  • No Proceedings or Litigation No action, suit or proceeding before any arbitrator or any governmental authority shall have been commenced, and no investigation by any governmental authority shall have been threatened, against the Company or any Subsidiary, or any of the officers, directors or affiliates of the Company or any Subsidiary seeking to restrain, prevent or change the transactions contemplated by this Agreement, or seeking damages in connection with such transactions.

  • No Proceeding or Litigation No suit, action, investigation, inquiry or other proceeding by any Authority or other person or entity will have been instituted or threatened which delays or questions the validity or legality of the transactions contemplated hereby or which, if successfully asserted, would, in the reasonable judgment of Parent, individually or in the aggregate, otherwise have a Material Adverse Effect on the Company's business, financial condition, prospects, assets or operations or prevent or delay the consummation of the transactions contemplated by this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.