Common use of GST exclusive Clause in Contracts

GST exclusive. (a) Any consideration or amount payable under this agreement, including any non-monetary consideration (as reduced in accordance with clause 12.2(e) if required) (Consideration) is exclusive of GST. (b) If GST is or becomes payable on a Supply made under or in connection with this agreement, an additional amount (Additional Amount) is payable by the party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that Supply as calculated by the party making the Supply (Supplier) in accordance with the GST Law. (c) The additional amount payable under clause 12.2(b) is payable at the same time and in the same manner as the consideration for the supply, subject to the provision of a valid Tax Invoice at or before that time. If a valid Tax Invoice is not provided at or before that time then the Additional Amount is only payable on receipt of a valid Tax Invoice. (d) If for any reason (including, without limitation, the occurrence of an Adjustment Event) the amount of GST payable on a Supply (taking into account any Decreasing or Increasing Adjustments in relation to the Supply) varies from the Additional Amount payable by the Recipient under clause 12.2(b): (i) the Supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the Supplier, as appropriate; (ii) the refund, credit or further amount (as the case may be) will be calculated by the Supplier in accordance with the GST Law; and (iii) the Supplier must notify the Recipient of the refund, credit or further amount within 10 Business Days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification or the Recipient must pay any further amount within five Business Days after receiving such notification, as appropriate. If there is an Adjustment Event in relation to the Supply, the requirement for the Supplier to notify the Recipient will be satisfied by the Supplier issuing to the Recipient an Adjustment Note within 10 Business Days after becoming aware of the occurrence of the Adjustment Event. (e) Despite any other provision in this agreement: (i) if an amount payable under or in connection with this agreement (whether by way of reimbursement, indemnity or otherwise) is calculated by reference to an amount incurred by a party, whether by way of cost, expense, outlay, disbursement or otherwise (Amount Incurred), the amount payable must be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Amount Incurred; and (ii) no Additional Amount is payable under clause 12.2(b) in respect of a Supply to which section 84-5 of the GST Act applies. (f) Any reference in this clause to an Input Tax Credit to which a party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party and to which the Representative Member of a GST Group of which the party is a member is entitled.

Appears in 1 contract

Sources: Merger Implementation Agreement

GST exclusive. (a) Any consideration or amount payable under this agreement, including any non-monetary consideration (as reduced in accordance with clause 12.2(e17.2(e) if required) (Consideration) is exclusive of GST. (b) If GST is or becomes payable on a Supply made under or in connection with this agreement, an additional amount (Additional Amount) is payable by the party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that Supply as calculated by the party making the Supply (Supplier) in accordance with the GST Law. (c) The additional amount payable under clause 12.2(b17.2(b) is payable at the same time and in the same manner as the consideration for the supply, subject to the provision of a valid Tax Invoice at or before that time. If a valid Tax Invoice is not provided at or before that time then the Additional Amount is only payable on receipt of a valid Tax Invoice. (d) If for any reason (including, without limitation, the occurrence of an Adjustment Event) the amount of GST payable on a Supply (taking into account any Decreasing or Increasing Adjustments in relation to the Supply) varies from the Additional Amount payable by the Recipient under clause 12.2(b17.2(b): (i) the Supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the Supplier, as appropriate; (ii) the refund, credit or further amount (as the case may be) will be calculated by the Supplier in accordance with the GST Law; and (iii) the Supplier must notify the Recipient of the refund, credit or further amount within 10 Business Days 14 days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification or the Recipient must pay any further amount within five Business Days 7 days after receiving such notification, as appropriate. If there is an Adjustment Event in relation to the Supply, the requirement for the Supplier to notify the Recipient will be satisfied by the Supplier issuing to the Recipient an Adjustment Note within 10 Business Days 14 days after becoming aware of the occurrence of the Adjustment Event. (e) Despite any other provision in this agreement: (i) if an amount payable under or in connection with this agreement (whether by way of reimbursement, indemnity or otherwise) is calculated by reference to an amount incurred by a party, whether by way of cost, expense, outlay, disbursement or otherwise (Amount Incurred), the amount payable must be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Amount Incurred; and (ii) no Additional Amount is payable under clause 12.2(b17.2(b) in respect of a Supply to which section 84-5 of the GST Act applies. (f) Any reference in this clause to an Input Tax Credit to which a party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party and to which the Representative Member of a GST Group of which the party is a member is entitled.

Appears in 1 contract

Sources: Scheme Implementation Agreement

GST exclusive. (a) Any consideration or amount payable under this agreement, including any non-non- monetary consideration (as reduced in accordance with clause 12.2(e) if required) (Consideration) is exclusive of GST. (b) If GST is or becomes payable on a Supply made under or in connection with this agreement, an additional amount (Additional Amount) is payable by the party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that Supply as calculated by the party making the Supply (Supplier) in accordance with the GST Law. (c) The additional amount payable under clause 12.2(b) is payable at the same time and in the same manner as the consideration for the supply, subject to the provision of a valid Tax Invoice at or before that time. If a valid Tax Invoice is not provided at or before that time then the Additional Amount is only payable on receipt of a valid Tax Invoice. (d) If for any reason (including, without limitation, including the occurrence of an Adjustment Event) the amount of GST payable on a Supply (taking into account any Decreasing or Increasing Adjustments in relation to the Supply) varies from the Additional Amount payable by the Recipient under clause 12.2(b): (i) the Supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the Supplier, as appropriate; (ii) the refund, credit or further amount (as the case may be) will be calculated by the Supplier in accordance with the GST Law; and (iii) the Supplier must notify the Recipient of the refund, credit or further amount within 10 Business Days 14 days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification or the Recipient must pay any further amount within five Business Days 7 days after receiving such notification, as appropriate. If there is an Adjustment Event in relation to the Supply, the requirement for the Supplier to notify the Recipient will be satisfied by the Supplier issuing to the Recipient an Adjustment Note within 10 Business Days 14 days after becoming aware of the occurrence of the Adjustment Event. (e) Despite any other provision in this agreement: (i) if an amount payable under or in connection with this agreement (whether by way of reimbursement, indemnity or otherwise) is calculated by reference to an amount incurred by a party, whether by way of cost, expense, outlay, disbursement or otherwise (Amount Incurred), the amount payable must be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Amount Incurred; and (ii) no Additional Amount is payable under clause 12.2(b) in respect of a Supply to which section 84-5 of the GST Act applies. (f) Any reference in this clause to an Input Tax Credit to which a party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party and to which the Representative Member of a GST Group of which the party is a member is entitled.

Appears in 1 contract

Sources: Merger Implementation Agreement

GST exclusive. (a) Any consideration or amount payable under this agreementAgreement, including any non-non- monetary consideration (as reduced in accordance with clause 12.2(e9(e) if required) (Consideration) is exclusive of GST. (b) If GST is or becomes payable on a Supply made under or in connection with this agreementAgreement, an additional amount (Additional Amount) is payable by the party Party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that Supply as calculated by the party Party making the Supply (Supplier) in accordance with the GST Law. (c) The additional amount Additional Amount payable under clause 12.2(b9(b) is payable without set off, demand or deduction at the same time and in the same manner as the consideration Consideration for the supplySupply, subject to and the provision of Supplier must provide the Recipient with a valid Tax Invoice at or before that time. If a valid Tax Invoice is not provided at or before that within 14 days after the time then of payment of the Additional Amount is only payable on receipt of a valid Tax InvoiceAmount. (d) If for any reason (including, without limitation, the occurrence of an Adjustment Event) the amount of GST payable on a Supply (taking into account any Decreasing or Increasing Adjustments in relation to the Supply) varies from the Additional Amount payable by the Recipient under clause 12.2(b9(b): (i) the Supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the Supplier, as appropriate; (ii) the refund, credit or further amount (as the case may be) will be calculated by the Supplier in accordance with the GST Law; and (iii) the Supplier must notify the Recipient of the refund, credit or further amount within 10 Business Days 14 days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification or the Recipient must pay any further amount within five Business Days 7 days after receiving such notification, as appropriate. If there is an Adjustment Event in relation to the Supply, the requirement for the Supplier to notify the Recipient will be satisfied by the Supplier issuing to the Recipient an Adjustment Note within 10 Business Days 14 days after becoming aware of the occurrence of the Adjustment Event. (e) Despite any other provision in this agreementAgreement: (i) if an amount payable under or in connection with this agreement Agreement (whether by way of reimbursement, indemnity or otherwise) is calculated by reference to an amount incurred by a partyParty, whether by way of cost, expense, outlay, disbursement or otherwise (Amount Incurred), the amount payable must be reduced by the amount of any Input Tax Credit to which that party Party is entitled in respect of that Amount Incurred; and (ii) no Additional Amount is payable under clause 12.2(b9(b) in respect of a Supply to which section 84-5 of the GST Act Law applies. (f) Any reference in this clause to an Input Tax Credit to which a party Party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party and Party but to which the Representative Member of a GST Group of which the party Party is a member is entitled.

Appears in 1 contract

Sources: Access Agreement