Declaration of Invalidity. In the event that a court of competent jurisdiction declares that the County cannot pay and/or that the Agency cannot receive payments of the Tax Increment, declares that the Agency cannot pay the Tax Increment to developers, or takes any other action which has the effect of eliminating or reducing the payments of Tax Increment received by the Agency, the Agency’s obligation to pay the Tax Increment to developers shall be reduced or eliminated accordingly, the Agency, and the County shall take such steps as are reasonably required to not permit the payment and/or receipt of the Tax Increment to be declared invalid.
Declaration of Invalidity. In the event a court of competent jurisdiction after final adjudication (by the highest court to which the matter may be appealed) (i) declares that the Agency cannot receive Tax Increment or reimburse the Participant from Tax Increment as provided in this Agreement, (ii) invalidates the Project Area, or (iii) takes any other action which eliminates or reduces the amount Tax Increment paid to the Agency, the Agency’s obligation to pay such amounts to the Participant hereunder shall be accordingly reduced or eliminated. The Participant specifically reserves and does not waive hereunder any right it may have to challenge a ruling, decision or order by any court that would reduce or eliminate the payment of Tax Increment to the Agency. The Participant acknowledges, understands and agrees that the Agency is under no obligation to challenge a ruling, decision or order by any court that reduces or eliminates the payment of Property Tax Increment to the Agency; provided, the Agency will not oppose the Participant and will cooperate with Participant if Participant challenges a ruling by any court. Additionally, if any court invalidates the Project Area Plan or Project Area Budget as a result of a procedural defect, the Agency shall take such actions as are necessary to correct such procedural defect and adopt the Project Area Plan and Project Area Budget. In the event any court invalidates the Tax Increment provided in support of the Project, the Participant is hereby released from any and all obligations made by the Participant to the Agency. For further clarity, the Participant at its sole and exclusive discretion may, without penalty, terminate its obligations under this Agreement if any court invalidates the Participant’s right to receive all or any portion of the Tax Increment.
Declaration of Invalidity. In the event that any provision of this Agreement 29 is declared to be invalid, the parties shall, upon ten (10) days written notice to the other, 30 negotiate, in good faith, with a view toward agreeing upon a lawful substitute. In the 31 event the parties are unable to reach agreement on a substitute, an arbitrator shall be 32 appointed, pursuant to the procedure set forth in Article 7.
Declaration of Invalidity. In the event that any provision of this Agreement 22 is declared to be invalid, the parties shall, upon ten (10) days written notice to the other, 23 negotiate, in good faith, with a view toward agreeing upon a lawful substitute. In the 24 event the parties are unable to reach agreement on a substitute, an arbitrator shall be 25 appointed, pursuant to the procedure set forth in Article 7. 27 The arbitrator shall only have authority to select between the final proposals 28 made by each party. The decision of the arbitrator shall be final and binding on the 29 parties. The expense of any arbitration shall be shared equally by the Employer and the 30 Association. However, each party shall bear its own expenses of representation.
Declaration of Invalidity. Notwithstanding anything herein to the contrary, the City, its Corporate Authorities, officials, agents, employees and independent contractors shall not be liable to the Developer for damages of any kind or nature whatsoever or otherwise in the event that all or any part of the TIF Act, or any of the TIF Ordinances or other ordinances of the City adopted in connection with either the TIF Act, this Agreement or the Redevelopment Plan, shall be declared invalid or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have been exhausted) judgment of any court of competent jurisdiction, and by reason thereof either the City is prevented from performing any of the covenants and agreements herein or the Developer is prevented from enjoying the rights and privileges hereof; provided that nothing in this Section 8.1 shall limit otherwise permissible claims by the Developer against the Fund or actions by the Developer seeking specific performance of this Agreement or other relevant contracts, if any, in the event of a Breach of this Agreement by the City.
Declaration of Invalidity. In the event that any provision of this Agreement 31 is declared to be invalid, the parties shall, upon ten (10) days written notice to the other, Page 55 of 60 Date Accepted / / Accepted by XXX Accepted by Employer 1 negotiate, in good faith, with a view toward agreeing upon a lawful substitute. In the 2 event the parties are unable to reach agreement on a substitute, an arbitrator shall be 3 appointed, pursuant to the procedure set forth in Article 7. 4 5 The arbitrator shall only have authority to select between the final proposals made by 6 each party. The decision of the arbitrator shall be final and binding on the parties. The 7 expense of any arbitration shall be shared equally by the Employer and the Association. 8 However, each party shall bear its own expenses of representation. 9
Declaration of Invalidity. In the event that a court of competent jurisdiction declares that the County or the Water District cannot pay and/or that the Agency cannot receive payments of the Tax Increment, declares that the Agency cannot pay the Tax Increment to developers, or takes any other action which has the effect of eliminating or reducing the payments of Tax Increment received by the Agency, the Agency’s obligation to pay the Tax Increment to developers shall be reduced or eliminated accordingly, the Agency, and the Water District shall take such steps as are reasonably required to not permit the payment and/or receipt of the Tax Increment to be declared invalid.
Declaration of Invalidity. In the event that a court of competent jurisdiction declares that the School District cannot pay and/or that the Agency cannot receive payments of the Tax Increment, declares that the Agency cannot pay the Tax Increment to Participant(s), or takes any other action which has the effect of eliminating or reducing the payments of Tax Increment received by the Agency, then the Agency, and the School District shall take such steps as are reasonably required to not permit the payment and/or receipt of the Tax Increment to be declared invalid and to otherwise preserve the intent and effect of this Agreement to the maximum extent possible.
Declaration of Invalidity. If any provision, or the enforcement of any provision of this Agreement for the continuation of health insurance is, or shall at any time be, determined by a court of competent jurisdiction to be contrary to law, or is the basis of expulsion of TOWN from the health insurance plan as determined by competent authority, then any such provision shall not be applicable or enforced or performed, except to the extent permitted by law or the health insurance plan administrator. The remainder of this Agreement shall continue in full force and effect. Upon determination that any provision in this Agreement no longer applies, that provision will not be enforced or performed, and the parties shall meet and negotiate within thirty (30) days in an effort to agree upon substitute terms for the provision at issue. The provisions of the Xxxxxx Law concerning the resolution of an impasse in negotiations between TOWN and the Union shall apply to the negotiations for substitute terms. SECTION XIV RETIREMENT BENEFITS TOWN will provide all SUPERIOR OFFICERS with New York State Retirement Benefits at its sole cost and expense and at no cost to SUPERIOR OFFICERS.
Declaration of Invalidity. In the event any legal action is filed in a court of competent jurisdiction that seeks to invalidate the Project Area or this Agreement or that otherwise seeks to or would have the possible result of reducing or eliminating the payment of the Incentive to the Agency, the Agency shall provide written notice of such legal action to Participant. In the event such an action is filed, the Agency shall have no obligation to challenge that action or defend itself against such action. If requested by Participant, the Agency may, at its sole discretion, take such actions as may be reasonably required to defend such legal action and to address the grounds for any causes of action that could result in the reduction or elimination of the payment of the Incentive to the Agency. Participant specifically reserves and does not waive any right it may have to intervene, at Participant’s cost and expense, in any such legal action and challenge the basis for any causes of action or any remedy sought that would reduce or eliminate the payment of the Incentive to the Agency and/or Participant, and nothing herein shall be construed as an estoppel, waiver or consent to reduce or eliminate payment of the Incentive to the Agency and/or Participant. In the event that the court declares that the Agency cannot receive the Incentive, invalidates the Project Area or this Agreement, or takes any other action which eliminates or reduces the amount of Incentive paid to the Agency, and the grounds for the legal determination cannot reasonably be addressed by the Agency, the Agency’s obligation to annually pay to Participant the Incentive in accordance with this Agreement will be reduced or eliminated to the extent that the Incentive is not received by the Agency.
