Consistent Return Sample Clauses

Consistent Return. Any proposed Tax Return delivered to the Members pursuant to Section 7.6(c)(i) as to which the Tax Matters Partner has given notice as described in Section 7.6(c)(ii) will be deemed to constitute a Tax Return that is a Non-Conforming Return for purposes of this Agreement. Any other proposed Tax Return delivered to the Members pursuant to Section 7.6(c)(i) will be deemed to constitute a Consistent Return or an Excepted Non-Conforming Return for purposes of this Agreement unless, within thirty (30) days of receipt of the proposed Tax Return pursuant to Section 7.6(c)(i), a Class B Member provides written notice to the Tax Matters Partner and the Managing Member that it disagrees that the proposed Tax Return is a Consistent Return or Excepted Non-Conforming Return, in which event, such dispute will be resolved in accordance with Section 13.11. If the Independent Accounting Firm determines pursuant to Section 13.11 that the proposed Tax Return does constitute either a Consistent Return or an Excepted Non-Conforming Return, then such Tax Return shall be deemed to constitute a Consistent Return or Excepted Non-Conforming Return for purposes of this Agreement. If the Independent Accounting Firm determines pursuant to Section 13.11 that the proposed Tax Return does not constitute either a Consistent Return or an Excepted Non-Conforming Return, then such proposed Tax Return shall be deemed as a Non-Conforming Return for purposes of this Agreement; provided, however, that, if the Tax Return actually filed by the Tax Matters Partner and the Accounting Firm (or any replacement Accounting Firm) constitutes a Consistent Return or an Excepted Non-Conforming Return in accordance with the Independent Accounting Firm’s determination pursuant to Section 13.11, then such Tax Return as so filed shall be deemed a Consistent Return or an Excepted Non-Conforming Return for purposes of this Agreement.