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(d) Ad'u�stments. In the event any of the Retailers files an amended sales and <br />use tax return or report with the State of Texas, or if additional Sales and Use Tax is due <br />and owing by the Company to the State of Texas, as determined or approved by the State <br />of Texas, affecting Sales Tax Receipts for a previous Grant Period, then the Annual Sales <br />Tax Grant payment for the Grant Period immediately following such State of Texas <br />approved amendment shall be adjusted accordingly (i.e., up or down, depending on the <br />facts) provided the City has received Sales Tax Receipts attributed to such adjustment. <br />As a condition precedent to payment of such adjustment, the Company shall provide the <br />City with a copy of any such amended sales and use tax return or report or notification <br />from the State of Texas that additional Sales and Use Tax is due and owed by the <br />Retailers to the State of Texas, as determined by the State of Texas, affecting Sales Tax <br />Receipts for a previous Grant Period along with the Payment Request for the next Grant <br />Period. <br />(e) Refunds and Underna ments of Grants. In the event the State of Texas <br />determines that the City erroneously received Sales Tax Receipts, or that the amount of <br />Sales and Use Tax paid to the Company exceeds (or is less than) the correct amount of <br />Sales and Use Tax for a previous Grant Period, for which the Company has received an <br />Annual Sales Tax Grant, the Company shall, within sixty (60) days after receipt of <br />notification thereof from the City specifying that amount by which such Annual Sales Tax <br />Grant exceeded the amount to which the Company was entitled pursuant to such State <br />of Texas determination, adjust (up or down, depending on the facts) the amount claimed <br />due for the Annual Sales Tax Grant for the Grant Period immediately following such State <br />of Texas determination. If the Company does not adjust the amount claimed due for the <br />Annual Sales Tax Grant payment for the Grant Period immediately following such State <br />of Texas determination, the City may, at its option, adjust the Annual Sales Tax for the <br />Grant Period immediately following the State of Texas determination. As a condition <br />precedent to payment of such refund, the City shall provide the Company with a copy of <br />such determination by the State of Texas. The provisions of this Section shall survive the <br />termination of this Agreement. <br />(f) Grant Payment Termination• Sg§pension. This payment of Annual Sales <br />Tax Grants shall terminate on the effective date of determination by the State of Texas or <br />other appropriate agency or court of competent jurisdiction that the Leased Premises are <br />not a place of business resulting in Sales and Use Taxes being due the City from the sale <br />of Taxable Items by the Retailers at the Leased Premises. In the event the State of Texas <br />seeks to invalidate the Leased Premises as a place of business where Sales and Use <br />Tax was properly remitted to the State of Texas (the "Comptroller Challenge"), the <br />payment of Annual Sales Tax Grants by the City hereunder shall be suspended until such <br />Comptroller Challenge is resolved in whole favorably to the City. In such event, the <br />Company shall not be required to return or refund Annual Sales Tax Grants previously <br />received from the City provided the Company is actively defending against and/or <br />contesting the Comptroller Challenge and the Company promptly informs the City in <br />