Common use of Developer Payments Not Taxable Clause in Contracts

Developer Payments Not Taxable. ‌ The Developer and Affected Transmission Owner intend that all payments or property transfers made by Developer to Affected Transmission Owner for the installation of the Affected System Upgrade Facilities shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

Developer Payments Not Taxable. ‌ The Developer and Affected Transmission Owner intend that all payments or property transfers made by Developer to Affected Transmission Owner for the installation of the Affected System Upgrade Facilities shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws. Representations and Covenants.

Developer Payments Not Taxable. ‌ The Developer and Affected Transmission Owner intend that all payments or property transfers made by a Developer to Affected Transmission Owner for the installation of the Affected Common System Upgrade Facilities shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

Developer Payments Not Taxable. ‌ The Developer and Affected Transmission Owner intend that all payments or property transfers made by Developer to Affected Transmission Owner for the installation of the Affected System Upgrade Facilities shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

Developer Payments Not Taxable. ‌ The Developer and Each Affected Transmission Owner intend that all payments or property transfers made by a Developer to an Affected Transmission Owner for the installation of the Affected Common System Upgrade Facilities Deliverability Upgrades shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

Developer Payments Not Taxable. ‌ The Developer and Affected Transmission Owner intend that all payments or property transfers made by a Developer to Affected Transmission Owner for the installation of the Affected Common System Upgrade Facilities shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.