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<br /> <br />and further provided that, for purposes of determining the amount of municipal income tax <br />revenues to be shared with the School District, the City sha11 be entitled to deduct from the total <br />municipal income taxes it receives as a result of the project all infrastructure costs incurred by the <br />City as a result of the project as provided for in R.C. Section 5709.82. <br />SECTION 2: Timing of Payments. Beginning with the first yeax in which the School <br />District would have received enhanced property tax payments derived from the Project but for the <br />tax exemptions referred to above, the City shall make payments described under this agreement to <br />the School District by check mailed on or before the last day of each June and December, or as <br />soon thereafter as is reasonably possible following prompt determination of the amount owed <br />under this Agreement. The first semiannual payment in each year shall be equal to one half of the <br />amount the City reasonably projects will be owing for that year under this Agreement. The final <br />semiannual payment in each year will be equal to the remaining amount owing under this <br />Agreement for that year. <br />SECTION 3: Review of Records. The School District may from time to time, with <br />reasonable advance notice, review the records of the City relating to the municipal income taxes it <br />derived from the Project. The City agrees that it shall collect appropriate data from the Lessor, <br />the Company and any other lessees of the Project to enable it to determine the amount owing to <br />the School District under this Agreement. <br />SECTION 4: Amendment. This Agreement may be amended or modified by the parties <br />only in writing, signed by both parties to the Agreement. If at any time after the date of this <br />Agreement the City is required by law to compensate the School District in any way for the loss <br />of enhanced property tax revenues from the Project resulting from the tax exemptions referred to <br />above, the parties hereto agree to enter into such amendment to this Agreement as is necessary to <br />provide that the payments to be made by the City under Section 1 hereof are not in addition to <br />those required payments except (if the payments required by law are lesser than the payments <br />provided in Section 1) to the extent necessary to achieve the same amount of the payment <br />provided in Section 1. <br />SECTION 5: Entire Agreement. This Agreement sets forth the entire agreement and <br />understanding between the parties as to the subject matter hereof and merges and supersedes all <br />prior discussions, agreements and undertakings of every kind and nature between the parties with <br />respect to the subject matter of this Agreement. <br />SECTION 6: Notices. All payments, certificates and notices which are required to or <br />may be given pursuant to the provisions of this Agreement shall be sent by United States ordinary <br />mail postage prepaid and shall be deemed to have been given or delivered when so mailed to the <br />following addresses: <br />2 <br />