Common use of Louisiana Rebate Programs and Documentation Clause in Contracts

Louisiana Rebate Programs and Documentation. Owner may participate in the incentive program provided in Louisiana Revised Statutes Section 51:1781 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Enterprise Zone Program or the incentive program provided in Louisiana Revised Statutes Section 51:2451 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Quality Jobs Program, or any successor or similar incentive programs, which incentive programs may allow Owner to receive the rebatable portion of Louisiana Sales and Use Taxes (collectively, the “Rebatable Louisiana Sales and Use Taxes”) incurred and paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor in connection with performance of the Work. Contractor, for itself and for all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor, shall provide Owner with all documentation as may reasonably be requested by Owner or Owner’s Tax Consultant in order to allow Owner to secure the Rebatable Louisiana Sales and Use Taxes. Such documentation shall include submitted and signed returns for all Louisiana Sales and Use Taxes and invoice documentation supporting all Louisiana Sales and Use Taxes paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor for purchases of Equipment, including purchases of Equipment made under lump sum contract agreements. Such returns of Taxes shall be provided by Contractor to Owner and Owner’s Tax Consultant within thirty (30) Days after filing such returns of Taxes or other documentation with applicable Governmental Instrumentalities. Such invoice documentation shall be provided by Contractor to Owner within ninety (90) Days after receipt of such invoice documentation by members of the Contractor Group or any Subcontractor or Sub-Subcontractor. The invoice documentation shall clearly identify: (i) the name of the vendor; (ii) the vendor invoice number; (iii) the delivery date; (iv) a description of the item(s) purchased; (v) the purchased amounts; and (vi) all information (including Owner’s name, the taxpayer’s name, and the name and address of Project 5) to properly establish that the Equipment was used in connection with or incorporated into Project 5. If the Equipment was taken from the inventory of one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor, subject to Section 3.29D, Contractor shall provide Owner with an invoice, journal voucher or other similar documentation as may be required to evidence that the applicable Louisiana Sales and Use Taxes were paid or accrued by one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor on or with respect to such Equipment. Owner’s Tax Consultant shall assist Owner to secure all available rebates of Rebatable Louisiana Sales and Use Taxes and is authorized on behalf of Owner to request and receive information directly from Contractor, on its own behalf and on behalf of all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor.

Louisiana Rebate Programs and Documentation. Owner may participate in the incentive program provided in Louisiana Revised Statutes Section 51:1781 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Enterprise Zone Program or the incentive program provided in Louisiana Revised Statutes Section 51:2451 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Quality Jobs Program, or any successor or similar incentive programs, which incentive programs may allow Owner to receive the rebatable portion of Louisiana Sales and Use Taxes (collectively, the “Rebatable Louisiana Sales and Use Taxes”) incurred and paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor in connection with performance of the Work. Contractor, for itself and for all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor, shall provide Owner with all documentation as may reasonably be requested by Owner or Owner’s Tax Consultant in order to allow Owner to secure the Rebatable Louisiana Sales and Use Taxes. Such documentation shall include submitted and signed returns for all Louisiana Sales and Use Taxes and invoice documentation supporting all Louisiana Sales and Use Taxes paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor for purchases of Equipment, including purchases of Equipment made under lump sum contract agreements. Such returns of Taxes shall be provided by Contractor to Owner and Owner’s Tax Consultant within thirty (30) Days after filing such returns of Taxes or other documentation with applicable Governmental Instrumentalities. Such invoice documentation shall be provided by Contractor to Owner within ninety (90) Days after receipt of such invoice documentation by members of the Contractor Group or any Subcontractor or Sub-Subcontractor. The invoice documentation shall clearly identify: (i) the name of the vendor; (ii) the vendor invoice number; (iii) the delivery date; (iv) a description of the item(s) purchased; (v) the purchased amounts; and (vi) all information (including Owner’s name, the taxpayer’s name, and the name and address of Project 54) to properly establish that the Equipment was used in connection with or incorporated into Project 54. If the Equipment was taken from the inventory of one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor, subject to Section 3.29D, Contractor shall provide Owner with an invoice, journal voucher or other similar documentation as may be required to evidence that the applicable Louisiana Sales and Use Taxes were paid or accrued by one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor on or with respect to such Equipment. Owner’s Tax Consultant shall assist Owner to secure all available rebates of Rebatable Louisiana Sales and Use Taxes and is authorized on behalf of Owner to request and receive information directly from Contractor, on its own behalf and on behalf of all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor.

Louisiana Rebate Programs and Documentation. Owner may participate in the incentive program provided in Louisiana Revised Statutes Section 51:1781 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Enterprise Zone Program or the incentive program provided in Louisiana Revised Statutes Section 51:2451 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Quality Jobs Program, or any successor or similar incentive programs, which incentive programs may allow Owner to receive the rebatable portion of Louisiana Sales and Use Taxes (collectively, the “Rebatable Louisiana Sales and Use Taxes”) incurred and paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor in connection with performance of the Work. Contractor, for itself and for all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor, shall provide Owner with all documentation as may reasonably be requested by Owner or Owner’s Tax Consultant in order to allow Owner to secure the Rebatable Louisiana Sales and Use Taxes. Such documentation shall include submitted and signed returns for all Louisiana Sales and Use Taxes and invoice documentation supporting all Louisiana Sales and Use Taxes paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor for purchases of Equipment, including purchases of Equipment made under lump sum contract agreements. Such returns of Taxes shall be provided by Contractor to Owner and Owner’s Tax Consultant within thirty (30) Days after filing such returns of Taxes or other documentation with applicable Governmental Instrumentalities. Such invoice documentation shall be provided by Contractor to Owner within ninety (90) Days after receipt of such invoice documentation by members of the Contractor Group or any Subcontractor or Sub-Subcontractor. The invoice documentation shall clearly identify: (i) the name of the vendor; (ii) the vendor invoice number; (iii) the delivery date; (iv) a description of the item(s) purchased; (v) the purchased amounts; and (vi) all information (including Owner’s name, the taxpayer’s name, and the name and address of Project 5the Phase 1 Project) to properly establish that the Equipment was used in connection with or incorporated into Project 5the Phase 1 Project. If the Equipment was taken from the inventory of one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor, subject to Section 3.29D, Contractor shall provide Owner with an invoice, journal voucher or other similar documentation as may be required to evidence that the applicable Louisiana Sales and Use Taxes were paid or accrued by one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor on or with respect to such Equipment. Owner’s Tax Consultant shall assist Owner to secure all available rebates of Rebatable Louisiana Sales and Use Taxes and is authorized on behalf of Owner to request and receive information directly from Contractor, on its own behalf and on behalf of all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor.

Louisiana Rebate Programs and Documentation. Owner may participate in the incentive program provided in Louisiana Revised Statutes Section 51:1781 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Enterprise Zone Program or the incentive program provided in Louisiana Revised Statutes Section 51:2451 et seq., and any subsequent Applicable Law, commonly known as the Louisiana Quality Jobs Program, or any successor or similar incentive programs, which incentive programs may allow Owner to receive the rebatable portion of Louisiana Sales and Use Taxes (collectively, the “Rebatable Louisiana Sales and Use Taxes”) incurred and paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor in connection with performance of the Work. Contractor, for itself and for all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor, shall provide Owner with all documentation as may reasonably be requested by Owner or Owner’s Tax Consultant in order to allow Owner to secure the Rebatable Louisiana Sales and Use Taxes. Such documentation shall include submitted and signed returns for all Louisiana Sales and Use Taxes and invoice documentation supporting all Louisiana Sales and Use Taxes paid by members of the Contractor Group or any Subcontractor or Sub-Subcontractor for purchases of Equipment, including purchases of Equipment made under lump sum contract agreements. Such returns of Taxes shall be provided by Contractor to Owner and Owner’s Tax Consultant within thirty (30) Days after filing such returns of Taxes or other documentation with applicable Governmental Instrumentalities. Such invoice documentation shall be provided by Contractor to Owner within ninety (90) Days after receipt of such invoice documentation by members of the Contractor Group or any Subcontractor or Sub-Subcontractor. The invoice documentation shall clearly identify: (i) the name of the vendor; (ii) the vendor invoice number; (iii) the delivery date; (iv) a description of the item(s) purchased; (v) the purchased amounts; and (vi) all information (including Owner’s name, the taxpayer’s name, and the name and address of Project 53) to properly establish that the Equipment was used in connection with or incorporated into Project 53. If the Equipment was taken from the inventory of one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor, subject to Section 3.29D, Contractor shall provide Owner with an invoice, journal voucher or other similar documentation as may be required to evidence that the applicable Louisiana Sales and Use Taxes were paid or accrued by one or more members of the Contractor Group or any Subcontractor or Sub-Subcontractor on or with respect to such Equipment. Owner’s Tax Consultant shall assist Owner to secure all available rebates of Rebatable Louisiana Sales and Use Taxes and is authorized on behalf of Owner to request and receive information directly from Contractor, on its own behalf and on behalf of all other members of the Contractor Group and any Subcontractor or Sub-Subcontractor.