Common use of Governmental Charges Clause in Contracts

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 23 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 18 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 14 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 14 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Generating Facility, Monthly Contract Payments made by Buyer to Seller, or the Transaction arising at Power Product before the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the ProjectGenerating Facility, land, the Site or land rights or interests in land for the ProjectSite or the Generating Facility. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Power Product or the Transaction from at and after the Delivery Point. In the event If Seller is required by Law or regulation Applicable Laws to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunderunder this Agreement, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Applicable Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunderunder this Agreement, Buyer may deduct such amounts from payments to Seller with respect made pursuant to payments under the Agreement; if Article Four. If Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of upon Notice from BuyerBuyer of the amount to be reimbursed. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under Applicable Laws. If Section 1.06(d) provides that Buyer has assumed some or all of the Law. A Party that is exempt at any time and GHG Compliance Costs under this Agreement, nothing stated in this Section 8.02 relieves Buyer of its obligation to pay Seller for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a PartySeller’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be GHG Compliance in accordance with the first four sentences of and subject to this SectionAgreement (including Exhibit S).

Appears in 10 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Generating Facility, Monthly Contract Payments made by Buyer to Seller, or the Transaction arising at Power Product before the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the ProjectGenerating Facility, land, the Site or land rights or interests in land for the ProjectSite or the Generating Facility. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Power Product or the Transaction from at and after the Delivery Point. In the event If Seller is required by Law or regulation Applicable Laws to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunderunder this Agreement, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Applicable Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunderunder this Agreement, Buyer may deduct such amounts from payments to Seller with respect made pursuant to payments under the Agreement; if Article Four. If Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of upon Notice from BuyerBuyer of the amount to be reimbursed. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the LawApplicable Laws. A Party that is exempt at any time Nothing stated in this Section 8.02 relieves Buyer of its obligation to pay Seller for Seller’s GHG Compliance Costs and for any reason from one or more Governmental GHG Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of and subject to this SectionAgreement (including Exhibit S).

Appears in 9 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Generating Facility, Monthly Contract Payments made by Buyer to Seller, or the Transaction arising at Power Product before the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the ProjectGenerating Facility, land, the Site or land rights or interests in land for the ProjectSite or the Generating Facility. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Power Product or the Transaction from at and after the Delivery Point. In the event If Seller is required by Law or regulation Applicable Laws to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunderunder this Agreement, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Applicable Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunderunder this Agreement, Buyer may deduct such amounts from payments to Seller with respect made pursuant to payments under the Agreement; if Article Four. If Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of upon Notice from BuyerBuyer of the amount to be reimbursed. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the LawApplicable Laws. A Party that is exempt at any time Nothing stated in this Section 8.02 relieves Buyer of its obligation to pay Seller for Seller’s GHG Compliance Costs and for any reason from one or more Governmental GHG Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of and subject to SRAC and this SectionAgreement.

Appears in 8 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Products or the Transaction Tolling Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including, but not limited to, including ad valorem taxes, taxes related to the operation or maintenance of the Units, the Facility; or the Site, the provision of Tolling Services or the use or consumption of Gas or other fuels, and other taxes attributable to the ProjectUnits, land, land rights or interests in land for the ProjectUnits. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction Products from the Electrical Delivery Point and before and at the Gas Delivery Point. In the event Seller a Party is required by Law or regulation to remit or pay Governmental Charges which are Xxxxxthe other Party’s responsibility hereunder, Xxxxx the Party that is assessed shall reimburse Seller provide Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay when due and invoice the responsible Party in accordance with Article VI and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which are Seller’s responsibility hereunderthe responsible Party reimburses the assessed Party (cumulatively, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer“Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for from which it is exempt under the Law. A ; provided that an exempt Party that is exempt at any time and for any reason from one or more Governmental Charges bears shall bear the risk that such responsibility of proving its exemption shall be lost or as necessary to avoid the benefit unjust imposition of such exemption reduced; and thus, in the event a tax on the other Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 6 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction transaction under this Agreement arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction transaction under this Agreement from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reducedREPRESENTATIONS AND WARRANTIES; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.COVENANTS

Appears in 5 contracts

Samples: Green Tariff Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Lawlaw. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 4 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Products or the Transaction Tolling Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including, but not limited to, including (i) ad valorem taxes, (ii) taxes related to the operation or maintenance of the Units, the Facility, or the Site, (iii) taxes related to the provision of Tolling Services or the use or consumption of Gas or other Fuels, and (iv) other taxes attributable to the ProjectUnits, land, land rights or interests in land for the ProjectUnits or the Facility. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction Products from the Electrical Delivery Point and with respect to Gas before and at the Gas Delivery Point. In the event Seller a Party is required by Law or regulation to remit or pay Governmental Charges which are Xxxxxthe other Party’s responsibility hereunder, Xxxxx the Party that is assessed shall reimburse Seller provide Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay when due and invoice the responsible Party in accordance with Article VI and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which are Seller’s responsibility hereunderthe responsible Party reimburses the assessed Party (cumulatively, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer“Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for from which it is exempt under the Law. A ; provided that an exempt Party that is exempt at any time and for any reason from one or more Governmental Charges bears shall bear the risk that such responsibility of proving its exemption shall be lost or as necessary to avoid the benefit unjust imposition of such exemption reduced; and thus, in the event a tax on the other Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 3 contracts

Samples: Tolling Power Purchase Agreement, Tolling Power Purchase Agreement, Tolling Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction transaction under this Agreement arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction transaction under this Agreement from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reducedREPRESENTATIONS AND WARRANTIES; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.COVENANTS

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction transaction under this Agreement arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction transaction under this Agreement from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Twelve.1Cooperation . Each Party shall use reasonable efforts to implement the provisions of and to administer this Agreement in accordance with the intent of the Parties to minimize all taxes, so long as neither Party is materially adversely affected by such efforts. Twelve.2Governmental Charges . Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Product, by reason of the execution, delivery, performance or the Transaction arising at the Delivery Pointenforcement of this Agreement or by reason of transactions contemplated by this Agreement, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Seller Supply Agreement and the transactions contemplated thereunder, but not with respect to Buyer’s use of the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice after delivery by Seller, including any resales or transfers of the Product. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer Xxxxx may deduct invoice for, or deduct, the amount of any such amounts Governmental Charges from payments the sums due to Seller with respect to payments under the Article Six of this Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time Article Thirteen LIMITATIONS Thirteen.1Limitation of Remedies, Liability and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.Damages

Appears in 2 contracts

Samples: Cpe Resource Adequacy Agreement, Cpe Resource Adequacy Agreement

Governmental Charges. Nine.1Cooperation. Each Party shall use reasonable efforts to implement the provisions of and to administer this Agreement in accordance with the intent of the Parties to minimize all taxes, so long as neither Party is materially adversely affected by such efforts. Nine.2Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction transaction under this Agreement arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction transaction under this Agreement from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 2 contracts

Samples: Power Purchase Agreement, Green Tariff Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 2 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Government Authority (“Governmental Charges”) on or with respect to the Product or Project and the Transaction Products arising at prior to the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction Products at and from the Delivery PointPoint (other than ad valorem, franchise or income taxes which are related to the sale of Energy and are, therefore, the responsibility of the Seller). In the event Seller is required by Law or regulation Legal Requirements to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation Legal Requirements to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct the amount of any such amounts Governmental Charges from payments the sums due to Seller with respect to payments under the Article 7 of this Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under Legal Requirements. Notwithstanding the Lawforegoing, Buyer shall not be required to pay any portion of Governmental Charges arising from Seller’s failure to perform any obligation under this Agreement. A Nothing shall obligate or cause a Party that to pay or be liable to pay any Governmental Charges for which it is exempt at under Legal Requirements. Notwithstanding the foregoing, Buyer shall not be required to pay any time and for any reason from one or more portion of Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Partyarising from Seller’s exemption is lost or reduced, each Party’s responsibility with respect failure to such Governmental Charge shall be in accordance with the first four sentences of perform any obligation under this SectionAgreement.

Appears in 2 contracts

Samples: Bulk Energy Storage Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes sales, use, gross receipts, occupation, production, severance, excise, ad valorem or other taxes, royalties, fees, licenses, or charges that are imposed by any Governmental Authority federal, Indian, state or local governmental authority (“Governmental Charges”) on or with respect to the Product or Delivered Amounts (and any contract associated with the Transaction Delivered Amount) arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the ProjectGenerating Facility. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or Delivered Amounts (and any contract associated with the Transaction Delivered Amount) and the Scheduled Amount from the Delivery Point. In the event Seller is required by Law law or regulation to remit or pay Governmental Charges which are Xxxxxdetermined to be Buyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Sellerplus accrued interest, if any. If Buyer is required by Law law or regulation to remit or pay Governmental Charges which are determined to be Seller’s responsibility hereunder, Buyer may deduct such amounts plus accrued interest, if any, from payments to Seller with respect made pursuant to payments under the Agreement; if Article Four. If Buyer elects not to deduct such amounts from it’s payment to Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerplus accrued interest, if any, upon written request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Lawlaw. A Such election or failure by the respective Party to pay or cause to be paid the other Party’s Governmental Charges upon prompt written Notice to the other Party that is exempt at any time and for any reason from one or more such Party’s Governmental Charges bears the risk that such exemption are due and payable shall be lost or the benefit not constitute an Event of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this SectionDefault.

Appears in 2 contracts

Samples: Renewable Power Purchase and Sale Agreement (Raser Technologies Inc), Renewable Power Purchase and Sale Agreement (Raser Technologies Inc)

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Products or the Transaction Tolling Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including, but not limited to, including ad valorem taxes, taxes related to the operation or maintenance of the Units, the Facility; or the Site, the provision of Tolling Services or the use or consumption of Gas or other fuels, and other taxes attributable to the ProjectUnits, land, land rights or interests in land for the ProjectUnits. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction Products from the Electrical Delivery Point and with respect to Gas before and at the Gas Delivery Point. In the event Seller a Party is required by Law or regulation to remit or pay Governmental Charges which are Xxxxxthe other Party’s responsibility hereunder, Xxxxx the Party that is assessed shall reimburse Seller provide Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay when due and invoice the responsible Party in accordance with Article VI and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which are Seller’s responsibility hereunderthe responsible Party reimburses the assessed Party (cumulatively, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer“Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for from which it is exempt under the Law. A ; provided that an exempt Party that is exempt at any time and for any reason from one or more Governmental Charges bears shall bear the risk that such responsibility of proving its exemption shall be lost or as necessary to avoid the benefit unjust imposition of such exemption reduced; and thus, in the event a tax on the other Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction Energy Storage Services arising before and at the Electrical Delivery Point, including, but not limited to, including (a) ad valorem taxes, (b) taxes related to the operation or maintenance of the Project, or the Site, (c) taxes related to the provision of Energy Storage Services or the use or consumption of Charging Energy, and (d) other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to (x) the Product or the Transaction from the Electrical Delivery Point and (y) Charging Energy to the Electrical Delivery Point. In the event Seller a Party is required by Law or regulation to remit or pay Governmental Charges which are Xxxxxthe other Party’s responsibility hereunder, Xxxxx the assessed Party shall reimburse Seller for promptly pay such Governmental Charges within thirty when due, provide Notice (30together with supporting documentation) days of Notice by Seller. If Buyer to the Party that is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer responsible for such amounts within thirty due, and invoice the responsible Party in accordance with Article Eleven and the responsible Party shall reimburse the assessed Party in full in accordance with Article Eleven no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (30but excluding) days of Notice from Buyerthe date on which the responsible Party reimburses the assessed Party (cumulatively, the “Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for from which it is exempt under the Law. A ; provided that an exempt Party that is exempt at any time and for any reason from one or more Governmental Charges bears shall bear the risk that such responsibility of proving its exemption shall be lost or as necessary to avoid the benefit unjust imposition of such exemption reduced; and thus, in the event a tax on the other Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Energy Storage Agreement

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Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.Section.‌‌‌‌

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.. RELEASE OF INFORMATION AND RECORDING CONVERSATION

Appears in 1 contract

Samples: Bioenergy Market Adjusting Tariff Power Purchase Agreement

Governmental Charges. |\()TF: The language in this section is pending subject to (il ICi resolution. ] Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product Generating Facility, Monthly Contract Payments made by Buyer to Seller, or the Transaction arising at Power Product before the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the ProjectGenerating Facility, land, the Site or land rights or interests in land for the Project. Site or the Generating Facility Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Power Product or the Transaction from at and after the Delivery Point. In the event If Seller is required by Law or regulation Applicable Laws to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunderunder this Agreement, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Applicable Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunderunder this Agreement, Buyer may deduct such amounts from payments to Seller with respect made pursuant to payments under the Agreement; if Article Four. If Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of upon Notice from BuyerBuyer of the amount to be reimbursed. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this SectionApplicable Laws.

Appears in 1 contract

Samples: Power Purchase and Sale Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer Xxxxx may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.Section.‌‌‌

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction transaction under this Agreement arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from transaction under this Agreement at and after the Delivery Point. In the event Seller is required by Applicable Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Applicable Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Applicable Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising prior to the Delivery Point and on or with respect to the Non-Renewable Product at and from the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction at and from the Delivery Point and on or with respect to the Non-Renewable Product prior to the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority governmental authority (“Governmental Charges”) on or with respect to the Product or the Transaction transaction under this Agreement arising prior to and at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction transaction under this Agreement from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.Law.‌

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. During the Delivery Term: Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, including ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at prior to the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction at and from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are XxxxxBuyer’s responsibility hereunder, Xxxxx Buyer shall promptly reimburse Seller for such Governmental Charges within thirty (30) days of Notice by SellerCharges. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall promptly reimburse Buyer for such amounts within thirty (30) days of Notice from Buyerupon request. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section.

Appears in 1 contract

Samples: Power Purchase Agreement

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Xxxxx’s responsibility hereunder, Xxxxx shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this SectionSection 13.1.

Appears in 1 contract

Samples: Power Purchase Agreement

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