Contest of Property Valuation Sample Clauses

Contest of Property Valuation. The Developer, an Affiliate, or any assignee of ownership interest in the Developer Property, shall not contest or protest the amount of the ad valorem taxes or the tax valuation regarding the Developer Property prior to calendar year 2023 unless the tax valuation for the Developer Property as shown on the tax statement for the applicable year exceeds the Cap Rate Valuation. As used above the “Cap Rate Valuation” shall mean the value determined for the Developer Property for the applicable calendar year by dividing the net income derived for the 12-month period immediately preceding the Developer’s receipt of the applicable tax statement by the then generally prevailing cap rate for properties substantially equivalent to the Developer Property. The net income shall be determined in accordance with applicable industry standards and the “Cap Rate” shall be the rate applicable at that time concerning properties substantially equivalent to the Developer Property. Developer shall select two or more recognized real estate appraisal firm acceptable to the City (such as XXX Xxxxxxx) that prepares Cap Rates for equivalent properties. The Cap Rate to be used by the Developer to calculate the Cap Rate Valuation shall be the mid-point of the spread of the Cap Rates so prepared. If the Cap Rate Valuation is less than the tax valuation of the Developer Property as shown on the tax statement for the applicable year and Developer desires to proceed with the tax contest or protest, Developer shall provide a copy of the prepared Cap Rates and calculation to the City Representative prior to the commencement of such contest or protest. If Developer has the right to contest or protest the ad valorem taxes for any calendar year pursuant to the forgoing prior to 2023, such contest or protest shall not in any event reduce the ad valorem taxes for the Developer Property below the taxes that would be calculated on the Minimum Developer Property Valuation. The provisions of this Subsection D shall no longer be effective if the TIF Revenues (after expiration of receipts from the Hotel Property and the Old Town Cinema Project Area) available to repay the TIF Bonds are not less than 110% of the maximum remaining annual debt service requirements of the TIF Bonds for two (2) consecutive years.
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Related to Contest of Property Valuation

  • EFFECT OF PROPERTY VALUE APPEAL OR OTHER ADJUSTMENT If the Applicant has appealed any matter relating to the valuations placed by the Appraisal District on the Applicant’s Qualified Property, and such appeal remains unresolved at the time the Third Party selected under Section 4.3 makes its calculations under this Agreement, the Third Party shall base its calculations upon the values placed upon the Applicant’s Qualified Property by the Appraisal District. The calculations shall be readjusted, if necessary, based on the outcome of the appeal as set forth below. In the event that the Taxable Value of the Qualified Property is changed after an appeal of its valuation, or the Taxable Value is otherwise altered for any reason, the calculations required under Article IV of this agreement shall be recalculated by the Third Party at Applicant’s sole expense using the revised property values. If as a result of an appeal or for any other reason, the Taxable Value of the Applicant’s Qualified Property is changed, once the determination of the new Taxable Value becomes final, the Parties shall immediately notify the Third Party who shall immediately issue new calculations for the applicable year or years using the new Taxable Value. In the event the new calculations result in a change in any amount paid or payable by the Applicant under this Agreement, the Party from whom the adjustment is payable shall remit such amount to the other Party within thirty (30) days of the receipt of the new calculations from the Third Party.

  • Return of Property Executive agrees that all property (including without limitation all equipment, tangible proprietary information, documents, records, notes, contracts and computer-generated materials) furnished to or created or prepared by Executive incident to Executive’s employment belongs to the Company and shall be promptly returned to the Company upon termination of Executive’s employment.

  • Opinion of Probable Cost Any opinions of probable Project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer’s experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s’) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual Project or construction cost will not vary from opinions of probable cost Engineer prepares.

  • PARTICULARS OF PROPERTY TITLE NO AND LOT NO : GM3415, Lot 20976 (formerly known as GM 3353, Xxx 00000) XXXXX / XXXXXXXX / XXXXX : Xxxxx 00, Xxxxxxxx xx Xxxxxxxx Xxxxx Xxxxxxx, Xxxxx of Penang FLOOR AREA : Approximately 1,101 square feet TENURE : Freehold DEVELOPER / PROPRIETOR : ECO Xxxxxxx Sdn. Bhd. / ECO Xxxxxxx Development Sdn. Bhd. ENCUMBRANCE : Assigned to Public Bank Berhad LOCATION AND DESCRIPTION OF THE PROPERTY The subject property is located on the level 27, a 33 storey building known as Pangsapuri Eco Bloom. The subject property is a unit of three (3) bedroom apartment identified as Developer’s Parcel No. 27-17 with Accessory Parcel Car Park No. CP-2- 71, CP-2-72, CP-2-73, ECO Bloom and bearing assessment address at Unit No. 27-17, Pangsapuri Eco Bloom, Tingkat Xxx Xxxxxxx 0, 14100 Simpang Ampat, Penang. RESERVE PRICE : RM450,000.00 The sale of the subject property may be subjected to any prevailing tax imposed by the Government of Malaysia. In the event that there is any prevailing tax payable, the selling price is excluding the same. The successful bidder shall, therefore be liable to pay the same (if any). The subject property will be sold on an “as is where is” basis, subject to a reserve price of RM450,000.00 (RINGGIT MALAYSIA FOUR HUNDRED AND FIFTY THOUSAND ONLY), subject to the Conditions of Sale and by way of an Assignment from the above Assignee subject to consent being obtained by the successful bidder (“the Purchaser”) from the relevant authorities, if any, including all terms, conditions, stipulations and covenants which were and may be imposed by the relevant authority. Any arrears of quit rent, taxes, assessment rates including service and maintenance charges which may be lawfully due to any relevant authorities up to the date of the auction sale shall be paid out of the purchase money upon receipt of full auction proceeds. Online bidders are further subject to the Terms & Conditions on xxxx://xxxx.xxxxxxxx.xxx.xx. The successful bidder shall be solely responsible to pay all the fee and charges imposed by the Liquidator / Developer (in liquidation) and comply with all procedures and documentation required by Liquidator / Developer (in liquidation).

  • SELLER RESPONSIBLE FOR TAXES AND RECORDS Seller shall be liable for any applicable income taxes, levies, duties, costs, charges, withholdings, deductions or any charges of equivalent effect imposed on, or in respect of the Goods or Services provided by Seller to Apple under this Agreement. Where applicable, Seller will charge Apple sales tax, excise tax, use tax, value added tax ("VAT"), goods and services tax ("GST"), consumption tax, or equivalent type charges (hereinafter "Transaction Taxes") that are owed by Apple solely as a result of the Goods or Services provided by Seller to Apple under this Agreement and which are required or permitted to be collected from Apple by Seller under applicable law. If Apple provides Seller with a valid exemption certificate, Seller shall not collect the Transaction Taxes covered by such certificate. All charges will be supported by valid tax invoices provided by Seller to Apple consistent with the relevant jurisdiction. Where any relevant taxation authority imposes any income tax on the payment for Goods or Services by Apple to Seller and requires Apple to withhold such tax ("Withholding Tax"), Apple may deduct such Withholding Tax from the payment to Seller and remit such Withholding Tax to the relevant taxing authority on behalf of Seller. The determination of the applicability of a Withholding Tax is at Apple’s sole discretion. In the event a reduced Withholding Tax rate may apply on payments to Seller, Seller shall furnish to Apple as soon as practicable all documentation necessary to evidence the qualifications for the reduced rate of Withholding Tax. If the necessary documentation is not provided in a timely fashion before payment, the reduced Withholding Tax rate will not apply and any payments to Seller shall be subject to the full rate of Withholding Tax. Upon reasonable request by Seller, Apple shall furnish Seller with tax receipts or other documentation evidencing the payment of such Withholding Tax when available. Seller shall be solely responsible for filing the appropriate tax forms and paying all taxes or fees, including estimated taxes and employment taxes, due with respect to Seller's receipt of payment under this Agreement. Upon request, Seller shall provide Apple with any other necessary tax documentation. Where applicable, a non-U.S. Seller shall note, on each invoice issued to Apple under this Agreement, the amount of Services performed, or Goods provided by Seller within the United States, if any. Seller further agrees to provide Apple with reasonable assistance in the event of a government audit.

  • Identity Of Property a. The Purchaser shall admit the identity of the Property purchased with that described in the Proclamation of Sale and such other documents such as muniments offered by the Auctioneer as to the title to the Property upon the evidence afforded by the comparison of the description in the particulars and muniments respectively and with that described in the Security Documents without requiring any further proof.

  • Personal Property Loss An employee's personal property loss or damage by the action of a client shall be replaced or repaired at the expense of the Employer to a maximum of seven hundred and fifty ($750.00) dollars, subject to integration with one hundred (100%) per cent coverage by Workers' Compensation Board, provided that reasonable proof of the cause of such damage is submitted by the employee concerned within reasonable time of such loss or damage.

  • Title and Characteristics of Property Seller, as of the date of execution of this Agreement, owns the Property in fee simple and has marketable and good title of public record and, in fact, the Property at Closing shall have the title status as described in Section VIII of this Agreement.

  • Property Loss The District shall reimburse employees for loss of personal property, excluding the employee’s automobile, which occurs while the employee is on duty under the following circumstances:

  • Loss of Property all or a substantial part of the business or assets of any Security Party is destroyed, abandoned, seized, appropriated or forfeited for any reason, and such occurrence in the reasonable opinion of the Agent (acting on the instructions of the Majority Lenders) has or could reasonably be expected to have a Material Adverse Effect; or

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