Common use of Limitation on Tax Indemnification Clause in Contracts

Limitation on Tax Indemnification. The Lessee shall not be required to indemnify any Indemnified Person, or to pay any increased amounts to any Indemnified Person or tax authority with respect to any Impositions pursuant to this Section 12.2 to the extent that (i) any obligation to withhold, deduct, or pay amounts with respect to Tax existed on the date such Indemnified Person became a party to any Operative Agreement (and, in such case, the Lessee may deduct and withhold such Tax from payments pursuant to the Operative Agreements), or (ii) such Indemnified Person fails to comply with the provisions of Section 12.2(g) (and, in such case, the Lessee may deduct and withhold all Taxes required by law as a result of such noncompliance from payments made by the Lessee pursuant to the Operative Agreements). With respect to any transferee of any Financing Party (including a transfer resulting from any change in the designation of the lending office of a Financing Party), the transferee shall not be entitled to any greater payment or indemnification under this Section 12.2 than the transferor would have been entitled to.

Limitation on Tax Indemnification. The Lessee shall not be required to indemnify any Indemnified Person, or to pay any increased amounts to any Indemnified Person or tax authority with respect to any Impositions pursuant to this Section 12.2 SECTION 11.3 to the extent that (i) any obligation to withhold, deduct, or pay amounts with respect to Tax existed on the date such Indemnified Person became a party to any Operative Agreement (and, in such case, the Lessee may deduct and withhold such Tax from payments pursuant to the Operative Agreements), or (ii) such Indemnified Person fails to comply with the provisions of Section 12.2(gSECTION 11.2(g) (and, in such case, the Lessee may deduct and withhold all Taxes required by law as a result of such noncompliance from payments made by the Lessee pursuant to the Operative Agreements). With respect to any transferee of any Financing Party (including a transfer resulting from any change in the designation of the lending office of a Financing Party), the transferee shall not be entitled to any greater payment or indemnification under this Section 12.2 SECTION 11.3 than the transferor would have been entitled to.

Limitation on Tax Indemnification. The Subject to Section 13.10, the Lessee shall not be required to indemnify any Indemnified PersonIndemnitee, or to pay any increased amounts to any Indemnified Person Indemnitee or tax authority with respect to any Impositions pursuant to this Section 12.2 13.5 to the extent that (i) any obligation to withhold, deduct, or pay amounts with respect to Tax existed on the date such Indemnified Person Indemnitee became a party to any Operative Agreement Document (and, in such case, the Lessee may deduct and withhold such Tax from payments pursuant to the Operative AgreementsDocuments), or (ii) such Indemnified Person Indemnitee fails to comply with the provisions of Section 12.2(g13.5(g) (and, in such case, the Lessee may deduct and withhold all Taxes required by law as a result of such noncompliance from payments made by the Lessee pursuant to the Operative AgreementsDocuments). With respect to any transferee of any Financing Party Participant (including a transfer resulting from any change in the designation of the lending office of a Financing PartyParticipant), the transferee shall not be entitled to any greater payment or indemnification under this Section 12.2 13.5 than the transferor would have been entitled to.

Limitation on Tax Indemnification. The Lessee shall not be required to indemnify any Indemnified PersonIndemnitee, or to pay any increased amounts to any Indemnified Person Indemnitee or tax authority with respect to any Impositions withholding taxes pursuant to this Section 12.2 SECTION 13.5 to the extent that (i) any obligation to withhold, deduct, or pay amounts with respect to Tax existed on the date such Indemnified Person Indemnitee became a party to any Operative Agreement Document (and, in such case, the Lessee may deduct and withhold such Tax from payments pursuant to the Operative AgreementsDocuments), or (ii) such Indemnified Person Indemnitee fails to comply with the provisions of Section 12.2(gSECTION 13.5(g) (and, in such case, the Lessee may deduct and withhold all Taxes required by law as a result of such noncompliance from payments made by the Lessee pursuant to the Operative AgreementsDocuments). With respect to any transferee of any Financing Party Participant (including a transfer resulting from any change in the designation of the lending office of a Financing PartyParticipant), the transferee shall not be entitled to any greater payment or indemnification under this Section 12.2 SECTION 13.5 than the transferor would have been entitled to.

Limitation on Tax Indemnification. The Lessee shall not be required to indemnify any Indemnified PersonIndemnitee, or to pay any increased amounts to any Indemnified Person Indemnitee or tax authority with respect to any Impositions pursuant to this Section 12.2 13.5 to the extent that (i) any obligation to withhold, deduct, or pay amounts with respect to Tax existed on the date such Indemnified Person Indemnitee became a party to any Operative Agreement Document (and, in such case, the Lessee may deduct and withhold such Tax from payments pursuant to the Operative AgreementsDocuments), or (ii) such Indemnified Person Indemnitee fails to comply with the provisions of Section 12.2(g13.5(g) (and, in such case, the Lessee may deduct and withhold all Taxes required by law as a result of such noncompliance from payments made by the Lessee pursuant to the Operative AgreementsDocuments). With respect to any transferee of any Financing Party Participant (including a transfer resulting from any change in the designation of the lending office of a Financing PartyParticipant), the transferee shall not be entitled to any greater payment or indemnification under this Section 12.2 13.5 than the transferor would have been entitled to.

Limitation on Tax Indemnification. The Lessee shall not be --------------------------------- required to indemnify any Indemnified PersonIndemnitee, or to pay any increased amounts to any Indemnified Person Indemnitee or tax authority with respect to any Impositions withholding taxes pursuant to this Section 12.2 13.5 to the extent that (i) any obligation to withhold, deduct, or ------------ pay amounts with respect to Tax existed on the date such Indemnified Person Indemnitee became a party to any Operative Agreement Document (and, in such case, the Lessee may deduct and withhold such Tax from payments pursuant to the Operative AgreementsDocuments), or (ii) such Indemnified Person Indemnitee fails to comply with the provisions of Section 12.2(g13.5(g) (and, in --------------- such case, the Lessee may deduct and withhold all Taxes required by law as a result of such noncompliance from payments made by the Lessee pursuant to the Operative AgreementsDocuments). With respect to any transferee of any Financing Party Participant (including a transfer resulting from any change in the designation of the lending office of a Financing PartyParticipant), the transferee shall not be entitled to any greater payment or indemnification under this Section 12.2 13.5 than the transferor ------------ would have been entitled to.