Contested Taxes Sample Clauses

Contested Taxes. The Executive shall notify the Company in writing of any claim by the Internal Revenue Service that, if successful, would result in an Underpayment. Such notification shall be given as soon as practicable but no later than ten (10) business days after the Executive is informed in writing of such claim and shall apprise the Company of the nature of such claim and the date on which such claim is requested to be paid or appealed. The Executive shall not pay such claim prior to the expiration of the 30-day period following the date on which it gives such notice to the Company (or such shorter period ending on the date that any payment of taxes with respect to such claim is due). If the Company notifies the Executive in writing prior to the expiration of such period that it desires to contest such claim, the Executive shall: (i) give the Company any information reasonably requested by the Company relating to such claim, (ii) take such action in connection with contesting such claims as the Company shall reasonably request in writing from time to time, including, without limitation, accepting legal representation with respect to such claim by an attorney reasonably selected by the Company, (iii) cooperate with the Company in good faith in order to effectively contest such claim, and (iv) permit the Company to participate in any proceedings relating to such claim; provided, however, that the Company shall bear and pay directly all costs and expenses (including additional interest and penalties) incurred in connection with such contest and shall indemnify and hold the Executive harmless, on an after-tax basis, for any Excise Tax or income tax (including interest and penalties with respect thereto) imposed as a result of such representation and payment of costs and expenses. Without limitation on the foregoing provisions of this paragraph (c), the Company shall control all proceedings taken in connection with such contest and, at its sole option, may pursue or forego any and all administrative appeals, proceedings, hearings and conferences with the taxing authority in respect of such claim and may, at its sole option, either direct the Executive to pay the tax claimed and s▇▇ for a refund or to contest the claim in any permissible manner, and the Executive agrees to prosecute such contest to a determination before any administrative tribunal, in a court of initial jurisdiction and in one or more appellate courts, as the Company shall determine; provided, however, t...

Contested Taxes. Neither Party shall be required to pay any such tax, assessment, charge, levy, account payable or claim if the validity, applicability or amount thereof is being contested in good faith by appropriate actions or proceedings which will prevent the forfeiture or sale of any property utilized under this Agreement or any material interference with the use thereof.

Contested Taxes. MLC Group, Inc. has not filed certain property tax filings on behalf of its lessees although it may have the obligation to do so in certain cases. Since the leases are triple net leases, MLC may only be responsible for penalties, if such penalties are not reimbursable under the leases. To date, MLC has paid a nominal amount of penalties, but MLC is aware of certain leases which it may owe penalties on. The MLC in good faith reasonably believes that such penalties, if assessed, would not be in excess of $100,000 or cause a Material Adverse Effect. MLC is appealing a sales tax assessment of $247,219.68 including penalties and interest in the Commonwealth of Pennsylvania relating to the termination of certain leases in 1997. The MLC had received the tax refund from the Pennsylvania Board of Appeals which was subsequently reversed upon a sales tax audit.

Contested Taxes. Lessee shall have the right, at ▇▇▇▇▇▇'s own expense, to contest the validity or amount of any tax or charge referred to in Paragraphs 7.01 and 7.02, if Lessee does so by legal proceedings promptly instituted and diligently conducted. Lessee shall pay the tax or charge in question before initiating any proceedings. If taxes or charges are reduced or cancelled, Lessee will be entitled to the refund of any amount previously paid by Lessee, unless Lessee is in default under the Lease.

Contested Taxes. AM-PAC shall have the right at AM-PAC's own expense to contest the validity or amount of any tax referred to in Section 7.01 by legal proceedings promptly instituted and diligently conducted. AM-PAC shall pay the tax demanded by the taxing authority before initiating any proceedings. If taxes are reduced or canceled, AM- PAC shall be entitled to the refund for any taxes previously paid by AM-PAC, provided that AM-PAC is not in default under any of the terms and conditions of this Lease.

Contested Taxes. NONE SCHEDULE 3.01(g) LITIGATION NONE SCHEDULE 3.01(J) CAPITAL PROJECTS PROJECT IN WORK ADDITIONAL STORAGE TANKS. This project involves the movement of two 55,000 barrel, internal floating roof, storage tanks from Fruita, Colorado to the Refinery. The tanks have been dismantled and moved to the Refinery and the first tank is currently being constructed. The foundation construction is also in progress. Much of the piping materials have been received and construction is starting by use of a contract welder. These tanks are being built as additional naphtha and gasoline storage for periods of reduced crude availability. One of the tanks will eventually replace existing bolted naphtha tanks and the other would be used as an Isomerate storage tank if the unit was constructed. Total Estimated Costs: $850,000 Estimated Costs Remaining To Be Paid: $660,000 PROJECTS TO BE DONE

Contested Taxes. None Schedule 4.14. Existing Debt not otherwise disclosed in the Borrowers' Financial Statements. None

Contested Taxes. Any Owner may defer payment of any Tax to the extent that and while such Tax is being contested by such Owner in good faith and by appropriate proceedings and so long as such proceedings or the nonpayment of such Tax is not reasonably expected to cause (a) the imminent threat of the sale, forfeiture, loss or interference with the operation of any interest in the Redbud Generating Facility, (b) any material adverse change in the title, property or rights of any Party in or to the Redbud Generating Facility, (c) any assessment or penalty against any Party other than the Owner contesting the payment of such Tax, (d) any interference with payments by the Owners to the Operations Manager or the application of such payments by the Operations Manager or (e) any danger of criminal or other liability being imposed against any party or agent other than the Owner contesting the payment of such Tax. Any Owner that elects to defer payment of any Tax pursuant to this Section 8.06 shall protect, indemnify and hold harmless all other parties from any and all claims, demands or causes of action, suits or other proceedings (including all costs in connection therewith and in connection with the defense thereof, including reasonable attorneys’ fees) of every kind and character resulting from such delay in payment.