Common use of Franchise, Property and Other Taxes or Fees Clause in Contracts

Franchise, Property and Other Taxes or Fees. Upon notice from BecoCom to FiveCom, FiveCom shall promptly reimburse BecoCom for any increases in, or additions to, any existing federal, state or local excise, franchise, ad valorem, property or similar taxes, payments or payments in kind, or any similar fees such as franchise fees, license fees or user fees imposed on BecoCom, which increase or addition is attributable to the presence of FiveCom Fibers on Structures, Cable Accessories, and equipment. BecoCom agrees to cooperate with FiveCom to the extent FiveCom seeks to contest, by appropriate legal process, the assessment by the relevant governmental authority of any tax, fee or other charge for which FiveCom becomes liable hereunder; provided that such obligation to cooperate does not include the obligation of BecoCom (1) to participate in any tax contest on FiveCom's behalf; (2) to ensure that FiveCom has the right to initiate or to participate in such tax contest; or (3) to ensure that its Affiliates do not take positions in such tax contests that are inconsistent with FiveCom's position.

Franchise, Property and Other Taxes or Fees. Upon notice from BecoCom XXXX Com to FiveCom, FiveCom shall promptly reimburse BecoCom XXXX Com for any increases in, increase in or additions to, addition to any existing federal, state or local excise, franchise, ad valorem, property or similar taxes, payments or payments in kind, or any similar fees such as franchise fees, license fees or user fees imposed on BecoComXXXX Com or billed to XXXX Com under Section 27 of the Utility Agreement, which increase or addition addition, is attributable to the presence of FiveCom Fibers on Structures, Cable Accessories, and equipment. BecoCom XXXX Com agrees to cooperate with FiveCom to the extent that FiveCom seeks to contest, by appropriate legal process, the assessment by the relevant governmental authority of any tax, fee or other charge for which FiveCom becomes liable hereunder; provided that such obligation to cooperate does not include the obligation of BecoCom XXXX Com (1) to participate in any tax contest on FiveCom's behalf; (2) to ensure that FiveCom has the right to initiate or to participate in such tax contest; or (3) to ensure that its Affiliates do not take positions in such tax contests that are inconsistent with FiveCom's position.