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Resolution Agreement Page 2 of 6 <br />and rernit all such Cabarrus Occupancy Taxes through the following methods, at the option <br />of each OTC: <br />(i) Accommodation Provider Remit: All Cabarrus Occupancy Taxes will be <br />reported and remitted to the providers of the accommodations in accordance with <br />N.C. Gen. Stat. § 153A- 155(c) and N.C. Gen. Stat. § 105 - 164.4(x)(3), as last <br />amended. <br />(ii) Partial Direct Remit: All Cabarrus Occupancy Taxes will be partially reported <br />and remitted to the providers of the accommodations for further remittance to <br />Cabarr and partially reported and remitted directly to Cabarrus. Specifically, <br />the portion of the Cabarrus Occupancy Taxes not reported and remitted to the <br />providers of the accorrunodations in accordance with N.C. Gen. Stat. § <br />153A- 155(c) and N.C. Gen. Stat. § 105- 164.4(a)(3), as last amended prior to the <br />date of this Agreement, must be reported and remitted directly by the OTC to <br />Cabarrus. <br />(iii) Full Direct Remit: All Caban Occupancy Taxes not reported and remitted to <br />the providers of the accommodations in accordance with N.C. Gen. Stat. § <br />153A- 155(c) and N.C. Gen. Stat. § 105- 164.4(a)(3), as last amended prior to the <br />date of this Agreement, will be directly remitted by the OTC to Cabarrus. <br />(iv) Each OTC will give advance notice to Cabarrus of its selected option(s) in each <br />instance. <br />(v) If registering for occupancy tax purposes or paying occupancy tax, each OTC <br />will use its best efforts to do so by December 20, 2014. <br />5 N.C. Sess. Laws 2013 -414, § 9 applies to the reporting and remittance obligations for <br />Cabarrus County Occupancy Taxes and governs all amounts required to be reported and <br />remitted under this Agreement until and unless amended. <br />6. Cabarrus will not issue any assessments to any OTC for Cabarrus Occupancy Taxes for <br />occupancy of acconunodations facilitated by any OTC commencing between 1 January <-.. <br />2011 and 31 October 2014 or for occupancy of accorrunodations facilitated by any OTC <br />commencing thereafter pursuant to reservations made between 1 January 2011 and 31 <br />October 2014. <br />7. The OTCs agree that Cabanas has the authority and jurisdiction to audit for purposes of <br />Cabarrus Occupancy Taxes. Upon request, each OTC will provide to Cabanas data and <br />documents, or reasonable access to records, for audit purposes. <br />8. The parties acknowledge that each side takes a different view of the facts and law related to <br />the matters encompassed by this Agreement. The parties agree that this Agreement is <br />26398992_1 — Cabamss County <br />Attachment number 1 <br />G -3 Page 249 <br />