Common use of AD VALOREM INDEMNITY Clause in Contracts

AD VALOREM INDEMNITY. If the ad valorem property taxes, special assessments, local improvement district levies, or other levies or taxes (collectively, “Ad Valorem Taxes”) or bases for ad valorem taxation payable by the Company with respect to the Company Facilities increase as a result of the Permittee’s Attachments, or the Ad Valorem Taxes increase or change due to any construction, installation or improvements provided pursuant to this Agreement, the Company shall deliver to Permittee copies of the relevant tax bills and supporting materials along with a detailed calculation of such taxes to be paid by Permittee only to the extent such Ad Valorem Tax exceeds the amount which the Company would otherwise pay. Within thirty (30) days Permittee shall pay or reimburse the Company for such amounts. Permittee may make such reimbursements or payments under protest, in which event Permittee and the Company shall attempt to agree upon a calculation of the amount payable by Permittee. If agreement cannot be reached, either party may refer the dispute to mediation in accordance with the provisions of Article IX. Permittee also shall be responsible for timely payment of any Ad Valorem Taxes or other taxes and fees levied against the Permittee’s Attachments or other of Permittee’s property or equipment located on the Company Facilities or the Company Right-of-Way that are billed directly to Permittee by the taxing authority. However, in the event the same property or interests are assessed an Ad Valorem Tax or sales or use tax in the same year to both the Company and Permittee, each party agrees to promptly notify the other upon becoming aware thereof to cooperate with the other in seeking appropriate redress from the authority or authorities assessing the property or imposing the tax; and, provided the Company has notice of such potential double taxation, the Company agrees at Permittee’s request, not to pay such tax and seek reimbursement from Permittee without having first protested, at Permittee’s expense, the assessment at the appropriate administrative level.

AD VALOREM INDEMNITY. If the ad valorem property taxes, special assessments, local improvement district levies, or other levies or taxes (collectively, “Ad Valorem Taxes”) or bases for ad valorem taxation payable by the Company with respect to the Company Facilities facilities increase as a result of the Permittee’s Attachments, or the Ad Valorem Taxes increase or change due to any construction, installation installation, or improvements provided pursuant to this Agreement, the Company shall deliver to Permittee copies of the relevant tax bills and supporting materials along with a detailed calculation of such taxes to be paid by Permittee only to the extent such Ad Valorem Tax exceeds the amount which the Company would otherwise pay. Within thirty (30) days Permittee shall pay or reimburse the Company for such amounts. Permittee may make such reimbursements or payments under protest, in which event Permittee and the Company shall attempt to agree upon a calculation of the amount payable by Permittee. If agreement cannot be reached, either party may refer the dispute to mediation in accordance with the provisions of Article IX10. Permittee also shall be responsible for timely payment of any Ad Valorem Taxes or other taxes and fees levied against the Permittee’s Attachments or other of Permittee’s property or equipment located on in the Company Facilities Space or the Company RightRights-of-Way that are billed directly to Permittee by the taxing authority. However, in the event the same property or interests are assessed an Ad Valorem Tax or sales or use tax in the same year to both the Company and Permittee, each party Party agrees to promptly notify the other upon becoming aware thereof to cooperate with the other in seeking appropriate redress from the authority or authorities assessing the property or imposing the tax; and, provided the Company has notice of such potential double taxation, the Company agrees at Permittee’s request, not to pay such tax and seek reimbursement from Permittee without having first protested, at Permittee’s expense, the assessment at the appropriate administrative level.

AD VALOREM INDEMNITY. If the ad valorem property taxes, special assessments, local improvement district levies, or other levies or taxes (collectively, “Ad Valorem Taxes”) or bases for ad valorem taxation payable by the Company with respect to the Company Facilities increase as a result of the Permittee’s Attachments, or the Ad Valorem Taxes increase or change due to any construction, installation or improvements provided pursuant to this Agreement, the Company shall deliver to Permittee copies of the relevant tax bills and supporting materials along with a detailed calculation of such taxes to be paid by Permittee only to the extent such Ad Valorem Tax exceeds the amount which the Company would otherwise pay. Within thirty (30) days Permittee shall pay or reimburse the Company for such amounts. Permittee may make such reimbursements or payments under protest, in which event Permittee and the Company shall attempt to agree upon a calculation of the amount payable by Permittee. If agreement cannot be reached, either party may refer the dispute to mediation in accordance with the provisions of Article IX. Permittee also shall be responsible for timely payment of any Ad Valorem Taxes or other taxes and fees levied against the Permittee’s Attachments or other of Permittee’s property or equipment located on the Company Facilities or the Company Right-of-Way that are billed directly to Permittee by the taxing authority. However, in the event the same property or interests are assessed an Ad Valorem Tax or sales or use tax in the same year to both the Company and Permittee, each party agrees to promptly notify the other upon becoming aware thereof to cooperate with the other in seeking appropriate redress from the authority or authorities assessing the property or imposing the tax; and, provided the Company has notice of such potential double taxation, the Company agrees at PermitteeXxxxxxxxx’s request, not to pay such tax and seek reimbursement from Permittee without having first protested, at Permittee’s expense, the assessment at the appropriate administrative level.