Common use of EATs Clause in Contracts

EATs. Assignee, its successors and assigns, shall use good faith efforts to negotiate to contractually obligate any tenant or business to provide City with documentation of sales tax receipts for each business in any of the Subject Property, indicating the type and amount of the Economic Activity Taxes (as defined below) paid by each such tenant or business located within the Subject Property. Assignee shall use good faith efforts to negotiate to include the provisions as specified below in “Section 24” in all lease documents with tenants located within the Subject Property requiring said sales tax information to be provided to City. Unless such requirement is waived by City, a similar provision shall be included in all sales contracts with purchasers of property located in the Subject Property requiring said sales tax information to be provided to City. Assignee agrees to cooperate with the City, at no cost or expense to Assignee, in the City's enforcement of said provisions to the maximum extent permitted by law, and Assignee hereby agrees that each such lease or sales contract shall provide that City is an intended third party beneficiary of such provisions and has a separate and independent right to enforce such provisions directly against any such tenant or purchaser.

Appears in 2 contracts

Sources: Tax Increment Financing Redevelopment Agreement, Tax Increment Financing Redevelopment Agreement

EATs. Assignee, its successors and assigns, shall use good faith efforts to negotiate to contractually obligate any tenant or business to provide City with documentation of sales tax receipts for each business in any of the Subject Property, indicating the type and amount of the Economic Activity Taxes (as defined below) paid by each such tenant or business located within the Subject Property. Assignee shall use good faith efforts to negotiate to include the provisions as specified below in “Section 2430” in all lease documents with tenants located within the Subject Property requiring said sales tax information to be provided to City. Unless such requirement is waived by City, a similar provision shall be included in all sales contracts with purchasers of property located in the Subject Property requiring said sales tax information to be provided to City. Assignee agrees to cooperate with the City, at no cost or expense to Assignee, in the City's enforcement of said provisions to the maximum extent permitted by law, and Assignee hereby agrees that each such lease or sales contract shall provide that City is an intended third party beneficiary of such provisions and has a separate and independent right to enforce such provisions directly against any such tenant or purchaser.

Appears in 1 contract

Sources: Tax Increment Financing Redevelopment Agreement