Final Determinations. The District shall have the right to make all determinations and interpretations relating to the RFQ Documents or the RFQ process, including, without limitation, any Applicant’s compliance with the RFQ Documents or its qualifications to participate in the RFQ process, and all such determinations shall be final and binding. Unless the District undertakes an action and debars an Applicant from applying for and/or proposing under this procurement, any other determination by the District during the RFQ process is not meant, and shall not be construed to be, a negative reflection on and/or a derogatory comment or action against, an Applicant’s reputation, experience, and/or other qualifications and/or characteristics. This is a qualifications-based selection process and as designed, some Applicant’s qualifications will exceed those of other Applicants.
Final Determinations. In the case of any Final Determination regarding a Tax Return, any Tax Deficiency shall be paid to the appropriate taxing authority by, and any Tax Refund received from the appropriate taxing authority shall be paid to, the party which filed such Return; provided, however, that whether or not there is a Tax Deficiency or Tax Refund and whether or not a payment is required to or from the appropriate taxing authority, Grace shall make payments to, or receive payments from, Grace-Conn. based upon the following principles:
Final Determinations. Spinco and the Spinco Affiliates agree to be bound by (and to report its Taxes consistently with) any Final Determination relating to Spinco, any Spinco Affiliate, WMC and any WMC Affiliate for any Pre-Distribution Period (or portion thereof ending on the Distribution Date), even if such Final Determination affects a Post-Distribution Period (or portion of a Pre-Distribution Period beginning after the Distribution Date).
Final Determinations. Xxxxxx is entitled to an explanation of XXX's determination of rent or the family's obligation to transfer. Tenant may request a hearing under XXX's grievance procedure if he or she disagrees with OHA's determination or proposed course of action. The tenant has a right to request a grievance hearing regardless of whether the tenant’s rent is decreased or increased.
Final Determinations. For purposes of Section 5.3 above, any assessment upon which Tenant's Share of Taxes is based shall be deemed to be the amount initially assessed until such time as an abatement, refund, rebate or increase, if any (retroactive or otherwise), shall be finally determined to be due, and upon such final determination Landlord shall promptly notify Tenant of the amount if any due to Tenant or Landlord, as the case may be, as a result of the adjustment and appropriate payment to Landlord or Tenant, as the case may be, shall thereafter be promptly made. Landlord shall have no duty to Tenant to contest, appeal or otherwise challenge any Taxes. In the event of any reduction in Taxes by reason of legal or other action taken by Landlord in contest of same, there shall be added to and be deemed a part of the Taxes in question the amount of Landlord's legal and other costs and expenses in obtaining the reduction (but not an amount in excess of the tax savings).
Final Determinations. Any payments by Seller to Purchaser or by Purchaser to Seller of any tax liability under Section 5.2 which arise from an audit or examination by a taxing authority of Tax returns shall be made upon a final determination of such liability. "Final determination" shall mean, with respect to any issue or item for any taxable period, (i) a final, unappealable decision by a court of competent jurisdiction; (ii) the expiration of the time for filing a claim for refund or, if a refund claim has been timely filed, the expiration of the time for instituting suit in respect of such refund claim, if no further adjustment to the items of income, gain, deduction, loss or credit for such period may thereafter be made; (iii) the execution by or on behalf of the taxpayer and the Service of a closing agreement under Section 7121 of the Internal Revenue Code of 1986, as amended (the "Code") (iv) the acceptance by the Internal Revenue Service (the "Service") or its counsel of a tender pursuant to an offer in compromise pursuant to Section 7122 of the Code; or (v) the execution of a Form 870AD.
Final Determinations. For purposes of this Paragraph 4.2, any assessment or Taxes upon which Tenant's Share of Taxes is based shall be deemed to be the amount initially assessed or billed, as the case may be, until such time as an abatement, refund, rebate or increase, if any (retroactive or otherwise), shall be finally determined to be due, and upon receipt of any final xxxx or rebate (or other crediting) of the amount of such final determination, Landlord shall promptly notify Tenant of the amount, if any, due to Tenant or Landlord, as the case may be, as a result of the adjustment, and appropriate payment to Landlord or Tenant, as the case may be, shall thereafter promptly be made. Landlord shall have no obligation to Tenant to contest, appeal or otherwise challenge any Taxes or assessment. In the event of any reduction in Taxes by reason of legal or other action taken by Landlord in contest thereof, there shall be added to and deemed a part of the Taxes in question the amount of Landlord's legal and other costs and expenses in obtaining such reduction (but not an amount in excess of the tax savings).
Final Determinations. The amounts of the Quorum Merger Shares and the Nexstar Merger Shares, and all component or related amounts, will be determined on the Closing Date, based on the information then available and taking into account the transactions to be consummated on the Closing Date and prior to the IPO, by PricewaterhouseCoopers, LLP, and each such determination will be binding on the Parties and their members absent manifest error.
Final Determinations. For purposes of determining Tenant's -------------------- share of increases in Taxes, any assessment shall be deemed to be the amount initially assessed until such time as an abatement, refund, rebate or increase, if any (retroactive or otherwise), shall be finally determined to be due, and upon such final determination, Landlord shall promptly notify Tenant of the amount, if any, due to Tenant or Landlord, as the case may be, as a result of the adjustment, and appropriate payment to Landlord or Tenant, as the case may be, shall thereafter be promptly made. In the event of any reduction in taxes by reason of legal or other action taken by Landlord in contest of taxes, there shall be added to and be deemed a part of the taxes in question the amount of Landlord's reasonable legal and other costs and expenses in obtaining the reduction (but not an amount in excess of the tax savings). Landlord shall have no duty to contest or appeal any taxes, but Tenant may, at its election and upon notice to and in cooperation with Landlord, contest or appeal any taxes assessed against the Land and Building. Tenant will have the right to directly benefit from any tax abatement program applicable to the Building (if any, it being acknowledged that no such program is currently contemplated); in such case the minimum annual rent will be reduced by the real estate tax abatement and the base year amount will also be reduced to reflect the lower real estate taxes. At Tenant's option, any tax or assessment which is payable in installments shall be paid over the longest term permitted by the taxing authority, provided that any interest or other deferred payment charge shall be the sole responsibility of Tenant.
Final Determinations. The UCP Committee shall, in writing, notify the certifying authority whose determination was heard of any determination made following a hearing, including the vote count. Upon receiving the notice, the notified certifying authority shall send the firm a final administrative decision that states the UCP determination.
