Contribution in Aid of Construction. Central Xxxxxx shall also reimburse Con Edison for any and all liability and expense resulting under Federal tax law if the reimbursements under Section 3.06(a) or the conveyance of title under Section 3.02(c) are deemed to be a Contribution In Aid of Construction pursuant to U.S. Internal Revenue Service Notices 88-129 and 90-60 (and any future applicable U.S. Internal Revenue Service Notices). Central Xxxxxx'x liability pursuant to this Section 3.06(b) shall be calculated in accordance with the provisions of Section 5.15.4 of the Attachment X of the ISO Tariff. Central Xxxxxx shall be entitled to (i) contest any liability for taxes under this Section 3.05(b) in accordance with the provisions of Section 5.15.7 and 5.15.9 of the ISO Tariff, as applicable, and (ii) any refund of taxes previously paid by Central Xxxxxx under this Section 3.06(b) in accordance with the provisions of Section 5.17.8 of the Tariff.
Appears in 5 contracts
Samples: Facilities Agreement, Facilities Agreement, Facilities Agreement
