K&T Sample Clauses

K&T. 1.3.1 The 1998 and 1999 K&T Tax Return will be entirely for the risk and the account of K&T. 1.3.2 To the best knowledge of the Seller, tainted transactions which trigger the sanction as meant in the 16th condition of the standard conditions of the Fiscal Unity did not occur. The Buyer and the Buyer's Parent will procure that K&T and a subsequent fiscal unity to which K&T may belong, will not take a different position, unless otherwise authorized by the Seller or NV ENECO in advance. 1.3.3 For the avoidance of doubt, in the event the sanction mentioned in the 16th condition is applied notwithstanding the above, the tax due by reason thereof will be on-charged by the Seller to K&T under the Tax Burden Distribution Agreement. 1.3.4 In the event the sanction mentioned in the 16th condition is applied, the Seller will be liable to reimburse the amount on-charged pursuant to Article 1.3.3 of this Schedule. 1.3.5 The liability of the Seller pursuant to Article 1.3.4 of this Schedule will be reduced by the amount calculated in accordance with the following formula: A=(B-C)xD Whereby: A= amount of reduction B= fair market value of the (for Netherlands corporate income tax purposes depreciable) assets and liabilities of K&T, as meant in the 16th condition C= tax book value of such assets and liabilities if the 16th condition had not been applied D= seventeen and one half per cent (17.5%) The obligations of the Seller under Articles 1.3.4 and 1.3.5 of this Schedule are subject to the limitations mentioned in Article 8 of this Agreement. 1.3.6 K&T will provide Seller with all data, assistance and co-operation reasonably required by Seller to complete and file the 1998 and 1999 Fiscal Unity Tax Return in time, in so far as such tax return relates to the 1998 and 1999 K&T Tax Return. 1.3.7 K&T accepts full responsibility for the compilation and preparation of the 1998 and 1999 K&T Tax Return and Seller agrees to accept the 1998 and 1999 K&T Tax Return as drafted by K&T for inclusion in the 1998 and 1999 Fiscal Unity Tax Return provided the 1998 and 1999 K&T Tax Return (i) does not include unreasonably elements and (ii) is not inconsistent with the 1998 and 1999 Fiscal Unity Tax Return. 1.3.8 As soon as such is reasonably possible, Seller will provide K&T with copies of all communications with the tax authorities in relation to the 1998 and 1999 K&T Tax Return and the 1998 and 1999 K&T Tax Assessment, including but not limited to requests for further extensions of the d...
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