Common use of Currency; Taxes Clause in Contracts

Currency; Taxes. All payments hereunder shall be in United States dollars. All payments by Toshiba shall be made free and clear of, and without reduction for, any and all taxes, including, without limitation, sales, use, value added, withholding, or similar taxes, other than taxes which are imposed by the United States or any political subdivision thereof based on the net income of Wink. Notwithstanding the foregoing, Wink agrees that, if any income taxes are imposed by the Japanese Government on the payment to be made under this Agreement, Toshiba shall withhold such amount of taxes ("Japan Royalty Income Withholding Tax"), up to a maximum of 10% of such payments and pay the withheld amount to the Japanese tax authorities to the extent that Toshiba is legally required to do so. Excluding the Japan Royalty Income Withholding Tax, any such taxes which are otherwise imposed on payments to Wink shall be the sole responsibility of Toshiba. Toshiba shall provide Wink with official receipts issued by the appropriate taxing authority or such other evidence as is reasonably requested by Wink to establish that such taxes have been paid.

Appears in 2 contracts

Samples: Wink Application Server License Agreement (Wink Communications Inc), Wink Application Server License Agreement (Wink Communications Inc)

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Currency; Taxes. All payments hereunder shall be in United States dollars. All payments by Toshiba shall be made free and clear of, and without reduction for, any and all taxes, including, without limitation, sales, use, value added, withholding, or similar taxes, other than taxes which are imposed by the United States or any political subdivision thereof based on the net income of Wink. Notwithstanding the foregoing, Wink agrees that, if any income taxes are imposed by the Japanese Government government on the we payment to be made under this Agreement, Toshiba shall withhold such amount of taxes ("Japan Royalty Income Withholding Tax"), up to a maximum of 10% of such payments and pay the withheld amount to the Japanese tax authorities to the extent that Toshiba is legally required to do so. Excluding the Japan Royalty Income Withholding Tax, any such taxes which are otherwise imposed on payments to Wink shall be the sole responsibility of Toshiba. Toshiba shall provide Wink with official receipts issued by the appropriate taxing authority or such other evidence as is reasonably requested by Wink to establish that such taxes have been paid.

Appears in 2 contracts

Samples: Wink Engine License Agreement (Wink Communications Inc), Wink Engine License Agreement (Wink Communications Inc)

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Currency; Taxes. All payments hereunder shall be in United States dollars. All payments by Toshiba shall be made free and clear of, and without reduction for, any and all taxes, including, without limitation, sales, use, value added, withholding, or similar taxes, other than taxes which are imposed by the United States or any political subdivision thereof based on the net income of Wink. Notwithstanding the foregoing, Wink agrees that, if any income taxes are imposed by the Japanese Government government on the payment to be made under this Agreement, Toshiba shall withhold such amount of taxes ("Japan Royalty Income Withholding Tax"), up to a maximum of 10% of such payments and pay the withheld amount to the Japanese tax authorities to the extent that Toshiba is legally required to do so. Excluding the Japan Royalty Income Withholding Tax, any such taxes which are otherwise imposed on payments to Wink shall be the sole responsibility of Toshiba. Toshiba shall provide Wink with official receipts issued by the appropriate taxing authority or such other evidence as is reasonably requested by Wink to establish that such taxes have been paid.

Appears in 1 contract

Samples: License Agreement (Wink Communications Inc)

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