Character of Payments. The PARTIES agree that, for purposes of determining the applicability of any Taxes, the payments to be made under this Agreement constitute payments for tangible property and the license of intellectual property. However, in the event that the governing tax authority (the “Tax Authority”) qualifies such payment differently, any additional taxes that may be applied (including without limitation, any interest and penalties that may be unpaid) shall [*].
Appears in 7 contracts
Samples: Commercial License Agreement, Commercial License Agreement, Commercial License Agreement (Oncobiologics, Inc.)
Character of Payments. The PARTIES agree that, for purposes of determining the applicability of any Taxes, the payments to be made under this Agreement constitute payments for tangible property and the license of intellectual property. However, in the event that the governing tax authority (the “Tax Authority”) qualifies differently such payment differentlypayment, any additional taxes that may be applied (including without limitation, limitation any interest and penalties that may be unpaid) shall [*]be paid by COMPANY.
Appears in 3 contracts
Samples: Commercial License Agreement (Opthea LTD), Commercial License Agreement (Opthea LTD), Commercial License Agreement (Opthea LTD)
Character of Payments. The PARTIES Parties agree that, for purposes of determining the applicability of any Taxes, the payments to be made under this Agreement constitute payments for tangible property and the license licensure of intellectual property. However, in the event that the governing tax authority (the “Tax Authority”) qualifies recharacterizes such payment differentlypayment, any additional taxes that may be applied (including without limitation, any interest and penalties that may be unpaid) shall [*].,
Appears in 2 contracts
Samples: Research License Agreement (Oncobiologics, Inc.), Research License Agreement (Oncobiologics, Inc.)
Character of Payments. The PARTIES agree that, for purposes of determining the applicability of any Taxes, the payments to be made under this Agreement constitute payments for tangible property and the license of intellectual property. However, in the event that the governing tax authority (the “Tax Authority”) qualifies differently such payment differentlypayment, any additional taxes that may be applied (including without limitation, limitation any interest interests and penalties that may be unpaid) shall [*]be paid by COMPANY.
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