Newco Responsibility Sample Clauses
Newco Responsibility. Newco shall timely (taking into account extensions validly obtained) prepare and file, or cause to be prepared and filed, all (a) Newco LLC Separate Tax Returns; (b) Tax Returns for a Pre-Closing Period or Straddle Period that only include one or more GE O&G Subsidiaries and are not described in Section 3.01; (c) Newco Separate Tax Returns; and (d) Newco Combined Tax Returns.
Newco Responsibility. Newco shall be financially and legally responsible to procure and acquire (i) any additions, enhancements and upgrades to, repairs to, and replacements of, Retained Hardware (Owned) and Retained Hardware (Leased), and (ii) unless otherwise agreed by the Parties in a Change Order, any additions, enhancements and upgrades to and replacements of Supported Hardware that are necessary, as a result of changes in Newco’s volume of, or method of doing, business, for ▇▇▇▇▇ Systems to provide the Services in accordance with the applicable Service Levels; and, upon acquisition of such Supported Hardware, Newco shall ▇▇▇▇▇ ▇▇▇▇▇ Systems the rights described in 6.2(a)(ii) or 6.2(b)(ii), as the case may be. Notwithstanding the foregoing, Newco shall have the option in its sole discretion not to procure or acquire any such additions, enhancements, upgrades or replacements having a purchase price or capital cost, as applicable, greater than $100,000 (with reasonably related expenditures to be aggregated) provided that the Parties agree that if Newco elects not to procure or acquire such items, the Annual Services Charge and the affected Service Levels and Service Level Credits may require appropriate adjustment.