Common use of No Credits or Deductions Clause in Contracts

No Credits or Deductions. 3.7.1. The Company, as part and parcel of its agreement hereunder to pay reasonable compensation for the use of the Inalienable Property, expressly acknowledge and agrees that: 3.7.1.1. The compensation to be provided pursuant to this § 3 may not be deemed to be in the nature of a tax, and is in addition to any and all taxes or other fees or charges which the Company or any Affiliate must pay to the City or to any state or federal agency or authority, all of which are separate and distinct obligations of the Company; 3.7.1.2. With respect to the Franchise granted pursuant to this Agreement, the Company expressly relinquishes and waives its rights and the rights of any Affiliate to a deduction or other credit pursuant to § 626 of the New York State Real Property Tax Law and any successor amendment thereto, and (to the extent such waiver is permitted by law) to any subsequent law, rule, regulation, or order which would purport to permit any of the acts prohibited by this § 3.7; 3.7.1.3. The Company may not, and may not otherwise support any attempt by an Affiliate to, make any claim for any deduction of, or other credit for, all or any part of the amount of the compensation (whether monetary or in-kind), or other consideration to be provided pursuant to this Agreement from or against any City or other governmental taxes of general applicability or other fees or charges which the Company or any Affiliate is required to pay to the City or other governmental agency, each of which are hereby deemed to be separate and distinct obligations of the Company and its Affiliates; and 3.7.1.4. The Company may not, and may not otherwise support any attempt by an Affiliate to, apply or seek to apply all or any part of the amount of any City or other governmental taxes or other fees or charges of general applicability as a deduction or other credit from or against any of the consideration to be provided pursuant to this Agreement, each of which are hereby deemed to be separate and distinct obligations of the Company and the Affiliates.

No Credits or Deductions. 3.7.1. The Company, as part and parcel of its agreement hereunder to pay reasonable compensation for the use of the Inalienable Property, Company expressly acknowledge acknowledges and agrees that: 3.7.1.1. (a) The compensation and other payments to be provided made pursuant to this § 3 may Section 7 shall not be deemed to be in the nature of a tax, and is shall be in addition to any and all taxes or other fees or charges which the Company or any Affiliate must Affiliated Person shall be required to pay to the City or to any state or federal agency or authority, all of which are shall be separate and distinct obligations of the Company;; and 3.7.1.2. With respect to the Franchise granted pursuant to this Agreement, the (b) The Company expressly relinquishes and waives its any rights and the rights of any Affiliate it may have to a deduction or other credit pursuant to § Section 626 of the New York State Real Property Tax Law and any successor or amendment thereto, and (to the extent such waiver is permitted by law) to any subsequent law, rule, regulation, or order which would purport to permit any of the acts prohibited by this § 3.7; 3.7.1.3. The Company may notSection 7.3, and may shall not cooperate with, encourage or otherwise support any attempt by an Affiliate toAffiliated Person to make any such deduction or other credit; and (c) Except as might be permitted by Section 7.1.4, the Company shall not, and shall not cooperate with, encourage or otherwise support any attempt by an Affiliated Person to make any claim for any deduction of, or other credit for, of all or any part of the amount of the compensation (whether monetary or in-kind), or other consideration payments to be made or services to be provided pursuant to this Agreement from or against any City or other governmental taxes of general applicability or other fees or charges which the Company or any Affiliate Affiliated Person is required to pay to the City or other governmental agency; and (d) Except as might be permitted by Section 7.1.4, the Company shall not, and shall not cooperate with, encourage or otherwise support any attempt by an Affiliated Person to apply or seek to apply all or any part of the amount of the compensation or other payments to be made or services to be provided pursuant to this Agreement as a deduction or other credit from or against any City or other government taxes of general applicability (other than income taxes) or other fees or charges, each of which are hereby shall be deemed to be separate and distinct obligations of the Company and its Affiliatesthe Affiliated Persons; and 3.7.1.4. (e) The Company may shall not, and may shall not cooperate with, encourage or otherwise support any attempt by an Affiliate to, Affiliated Person to apply or seek to apply all or any part of the amount of any City or other governmental taxes or other fees or charges of general applicability as a deduction or other credit from or against any of the consideration compensation or other payments to be made or services to be provided pursuant to this Agreement, each of which are hereby shall be deemed to be separate and distinct obligations of the Company and the AffiliatesAffiliated Persons.

No Credits or Deductions. 3.7.1. (a) The Company, as part and parcel of its agreement hereunder to pay reasonable compensation for the use of the Inalienable Property, Company expressly acknowledge acknowledges and agrees that: 3.7.1.1. (i) The compensation and other payments to be made or Services to be provided pursuant to this § 3 may Section 7 shall not be deemed to be in the nature of a tax, and is shall be in addition to any and all taxes or other fees or charges which the Company or any Affiliate must Affiliated Person shall be required to pay to the City or to any state or federal agency or authority, all of which are shall be separate and distinct obligations of the Company;; and 3.7.1.2. With respect to the Franchise granted pursuant to this Agreement, the (ii) The Company expressly relinquishes and waives its rights and the rights of any Affiliate Affiliated Person to a deduction or other credit pursuant to § Section 626 of the New York State Real Property Tax Law and any successor or amendment thereto, and (to the extent such waiver is permitted by law) to any subsequent law, rule, regulation, or order which would purport to permit any of the acts prohibited by this § 3.7;Section 7.3; and 3.7.1.3. The (iii) Neither the Company may not, and may not otherwise support nor any attempt by an Affiliate to, Affiliated Person shall have or make any claim for any deduction of, or other credit for, of all or any part of the amount of the compensation (whether monetary or in-kind), or other consideration payments to be made or Services to be provided pursuant to this Agreement from or against any City or other governmental taxes of general applicability or other fees or charges which the Company or any Affiliate Affiliated Person is required to pay to the City or other governmental agency; and (iv) Neither the Company nor any Affiliated Person shall apply or seek to apply all or any part of the amount of the compensation or other payments to be made or Services to be provided pursuant to this Agreement as a deduction or other credit from or against any City or other government taxes of general applicability (other than income taxes) or other fees or charges, each of which are hereby shall be deemed to be separate and distinct obligations of the Company and its Affiliatesthe Affiliated Persons; and 3.7.1.4. The (v) Neither the Company may not, and may not otherwise support nor any attempt by an Affiliate to, Affiliated Person shall apply or seek to apply all or any part of the amount of any City or other governmental taxes or other fees or charges of general applicability as a deduction or other credit from or against any of the consideration compensation or other payments to be made or Services to be provided pursuant to this Agreement, each of which are hereby shall be deemed to be separate and distinct obligations of the Company and the AffiliatesAffiliated Persons. (b) In any situation where the Company believes the effect of this Section 7.3 is unduly harming, in a manner inconsistent with the intent of this Section 7.3, an Affiliated Person of the Company, the Company may petition the City for relief, and such relief shall not be unreasonably withheld.

No Credits or Deductions. 3.7.1. (a) The Company, as part and parcel of its agreement hereunder to pay reasonable compensation for the use of the Inalienable Property, Company expressly acknowledge acknowledges and agrees that: 3.7.1.1. (i) The compensation and other payments to be made or Services to be provided pursuant to this § 3 may Section 7 shall not be deemed to be in the nature of a tax, and is shall be in addition to any and all taxes or other fees or charges which the Company or any Affiliate must Affiliated Person shall be required to pay to the City or to any state or federal agency or authority, all of which are shall be separate and distinct obligations of the Company;; and 3.7.1.2. With respect to the Franchise granted pursuant to this Agreement, the (ii) The Company expressly relinquishes and waives its rights and the rights of any Affiliate Affiliated Person to a deduction or other credit pursuant to § Section 626 of the New York State Real Property Tax Law and any successor or amendment thereto, and (to the extent such waiver is permitted by law) to any subsequent law, rule, regulation, or order which would purport to permit any of the acts prohibited by this § 3.7;Section 7.3; and 3.7.1.3. The (iii) Except as might be permitted by Section 7.1.5, the Company may shall not, and may shall not otherwise support any attempt by an Affiliate to, Affiliated Person to make any claim for any deduction of, or other credit for, of all or any part of the amount of the compensation (whether monetary or in-kind), or other consideration payments to be made or Services to be provided pursuant to this Agreement from or against any City or other governmental taxes of general applicability or other fees or charges which the Company or any Affiliate Affiliated Person is required to pay to the City or other governmental agency, each of which are hereby deemed to be separate and distinct obligations of the Company and its Affiliates; and 3.7.1.4. The (iv) Except as might be permitted by Section 7.1.5, the Company may shall not, and may shall not otherwise support any attempt by an Affiliate to, Affiliated Person to apply or seek to apply all or any part of the amount of any City the compensation or other governmental taxes payments to be made or other fees or charges of general applicability Services to be provided pursuant to this Agreement as a deduction or other credit from or against any City or other government taxes of the consideration to be provided pursuant to this Agreementgeneral applicability (other than income taxes) or other fees or charges, each of which are hereby shall be deemed to be separate and distinct obligations of the Company and the AffiliatesAffiliated Persons. (b) In any situation where the Company believes the effect of this Section 7.3 is unduly harming, in a manner inconsistent with the intent of this Section 7.3, an Affiliated Person of the Company, the Company may petition the City for relief, and such relief shall not be unreasonably withheld.