Adjustment Process. The annual adjustment of the Fair Share School Impact Mitigation Payments shall be accomplished in the manner and in accordance with the procedure set forth in the Annual Adjustment Analysis and this Subsection. On or about November 15 of each year, commencing with calendar year 2001 2003, ▇▇▇▇ shall prepare and submit to Developer an Annual Adjustment Analysis for the subsequent calendar year, which shall specify the adjustments made in accordance with Subsections (a) through (c) above. The Annual Adjustment Analysis calculates the proposed Fair Share School Impact Mitigation Payments to be applicable effective January 1 of the next succeeding calendar year. Upon Developer’s request at any other reasonable time, ▇▇▇▇ shall meet with Developer to review and discuss the Annual Adjustment Analysis not later than December 10 of each year. ▇▇▇▇ shall take into account any information provided by Developer with respect to the Annual Adjustment Analysis, either before or after completion of the Annual Adjustment Analysis, in determining adjustment of the Fair Share School impact Mitigation Payments. Any disputes between Developer and ▇▇▇▇ with respect to the Annual Adjustment Analysis not resolved to each Party’s satisfaction shall be resolved in accordance with Section 21 of this Agreement, but only after either ▇▇▇▇ or Developer determines that no other alternative is feasible. Pending such resolution, any revised Fair Share School Impact Mitigation Payments that become due may be paid under protest and, if any amount subsequently is determined to have been improperly applied by ▇▇▇▇, ▇▇▇▇ shall return such additional amount to Developer with interest at the average rate paid by the Los Angeles County Local Agency Investment Fund accruing from the date of payment to the date of repayment by ▇▇▇▇ to Developer.
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Adjustment Process. The annual adjustment of the Fair Share School Impact Mitigation Payments shall be accomplished in the manner and in accordance with the procedure set forth in the Annual Adjustment Analysis and this Subsection. On or about November 15 15th of each year, or as soon thereafter as practicable, commencing with calendar year 2001 20032006, ▇▇▇▇ shall prepare and submit to Developer an Annual Adjustment Analysis analysis for the subsequent calendar year, which shall specify the adjustments made in accordance with Subsections (a) through (c) aboveabove (“Annual Adjustment Analysis”). The Annual Adjustment Analysis calculates shall set forth the proposed Fair Share School Impact Mitigation Payments to be applicable effective January 1 1st of the next succeeding calendar year. Upon Developer’s request at any other reasonable time, ▇▇▇▇ shall meet with Developer to review and discuss the Annual Adjustment Analysis not later than before December 10 10th of each year, or as soon thereafter as practicable. ▇▇▇▇ shall take into account any information provided by Developer with respect to the Annual Adjustment Analysis, either before or after completion of the Annual Adjustment Analysis, in determining adjustment of the Fair Share School impact Mitigation Payments. Any disputes between Developer and ▇▇▇▇ with respect to the Annual Adjustment Analysis not resolved to each Party’s satisfaction shall be resolved in accordance with Section 21 24 of this Mitigation Agreement, but only after either ▇▇▇▇ or Developer determines that no other alternative is feasible. Pending such resolution, any revised Fair Share School Impact Mitigation Payments that become due may be paid under protest and, if any amount subsequently is determined to have been improperly applied by ▇▇▇▇, ▇▇▇▇ shall return such additional amount to Developer with interest at the average rate paid by the Los Angeles County Local Agency Investment Fund accruing from the date of payment to the date of repayment by ▇▇▇▇ to Developer.
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