Final Determinations Clause Samples

Final Determinations. ▇▇▇▇▇▇ is entitled to an explanation of ▇▇▇'s determination of rent or the family's obligation to transfer. Tenant may request a hearing under ▇▇▇'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. 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: (i) Grace-Conn. shall make a payment to Grace in an amount equal to (x) any increase in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a New Grace Tax Item and (y) 75% (or, if the Packco Group has borne an amount of Tax in respect of adjustments to Foreign Packco Tax Items (and fees and expenses in Proceedings relating to such adjustments) that exceeds the Foreign Cap, then 100%) of any increase in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a Foreign Packco Tax Item, in either case (x) or (y), together with any Interest relating thereto that is or has been imposed by the relevant taxing authority (or would have been imposed but for an offsetting Packaging Tax Item). (ii) Grace shall pay to Grace-Conn. an amount equal to (x) any decrease in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a New Grace Tax Item and (y) any decrease in the Tax of any of the Sealed Air Parties or any member of the Packco Group resulting from any adjustment to a Foreign Packco Tax Item, in either case (x) or (y), together with any Interest relating thereto that is or has been paid by the relevant taxing authority (or would have been paid but for an offsetting Packaging Tax Item). (iii) The parties intend that, in implementing this Section 3.2(b), payment and reimbursement between the parties shall reflect the principles of Section 3.2(a). (iv) Payments otherwise required to be made under this Section 3.2(b) with respect to a single Final Determination shall be netted and offset against each other so that either Grace shall make a payment to Grace-Conn. or Grace-Conn. shall make a payment to Grace, but not both.

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. 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, 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. 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.

Final Determinations. 1. The duration of the contract commences with the execution of this agreement and ends on December 31, 2004. This contract will automatically extend for a further year, unless previously cancelled by one of the parties no later than three months before the calendar year end. 2. Changes and supplements to this contract are to be made in writing. To terminate this contract notice must also be given in writing. 3. If any portion of this contract is deemed illegal or if something is missed in the contract, this has no impact on the legality of the remaining portions of the contract. The illegal portion will be amended to be made legal with no change to the meaning and purpose. 4. If disputes or conflicts arise between the two contracting parties they will try to find a mutually agreeable solution, without the need to go to court. If the two parties are unable to reach a mutually agreeable solution, the contracting parties agree for a court in Bonn to resolve any conflicts.

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. 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 ▇▇▇▇ 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. Any decisions made by any Trustee herein shall be final and legally binding on all interested persons.