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based on the revenue, projected revenue, receipts, income or profits of CITY or its <br /> Affiliates; <br /> (c) Otherwise, Customer will be responsible for its Proportionate Share of the <br /> Impositions and CITY will be responsible for its Proportionate Share of the <br /> Impositions. <br /> 16.4 CITY shall have the right to contest any Imposition (including by nonpayment of <br /> such Imposition). The out-of-pocket costs and expenses incurred by CITY in any such contest <br /> shall be shared by CITY and Customer in the same proportion as to which the parties would have <br /> shared in such Impositions as they were assessed. Any refunds or credits resulting from a contest <br /> brought pursuant to this Section 16.4 shall be divided between CITY and Customer in the same <br /> proportion as separately determined or as originally assessed. In any such event, CITY shall <br /> provide timely notice of such challenge to Customer. <br /> 16.5 CITY and Customer agree to cooperate fully in the preparation of any returns or <br /> reports relating to the Impositions. CITY and Customer further acknowledge and agree that the <br /> provisions of this Article are intended to allocate the Impositions on procedures and methods of <br /> computation that are in effect on the date of this Agreement. Material changes in such procedures <br /> and methods could significantly alter the fundamental economic assumptions of the parties <br /> underlying this Agreement. Accordingly, the parties agree that, if such procedures or methods of <br /> computation change materially, the parties will negotiate in good faith an amendment to this <br /> Article 16 to preserve, to the extent reasonably practicable, the economic intent and effect of this <br /> Article. <br /> ARTICLE 17 <br /> NOTICES <br /> Unless otherwise stated herein, all notices and other communications required or <br /> permitted under this Agreement shall be in writing and shall be given by United States first class <br /> mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery <br /> (including by means of a professional messenger service or overnight mail)addressed as follows: <br /> If to Customer: <br /> For Administrative/Payment Notices: <br /> Millikin University <br /> Ruby James, Vice President of Business and Finance <br /> 1184 West Main Street <br /> Decatur, IL 62522 <br /> For Legal Notices: <br /> Millikin University <br /> Ruby James, Vice President of Business and Finance <br /> 1184 West Main Street <br /> Decatur, IL 62522 <br /> 14 <br />