Common use of Manner of Filing Clause in Contracts

Manner of Filing. In the absence of PKS approval and/or a controlling change in law or circumstance, all Income Tax Returns relating to a taxable period ending on or before (or including) the Distribution Date shall be prepared in a manner that is consistent with elections, accounting methods, conventions and principles of taxation (collectively the "Tax Practices") used for the most recent taxable periods for which Income Tax Returns involving similar items have been filed. Notwithstanding the previous sentence, such Tax Returns shall not be required to be prepared in a manner consistent with the Tax Practices to the extent such elections, methods, conventions, and principles are altered by any Final Determination. All State Income Tax Returns or Other Tax Returns (including any amendments to any such Tax Returns that are State Income Tax Returns or Other Tax Returns) relating to a taxable period ending on or before or including the Distribution Date shall be filed as a Separate Return or as a Combined Return consistent with the prior year unless otherwise approved by PKS in its sole and absolute discretion. PKS shall in its sole and absolute discretion determine the members of each Combined Group.