Common use of Non-Residency Clause in Contracts

Non-Residency. (a) If the Generator is a non-resident of Canada, for purposes of the ITA or is a partnership that is not a Canadian partnership as defined in the ITA, then payments under this Agreement by the AESO shall be reduced by the amount of any applicable withholding or other similar Taxes and the AESO shall remit such withholding or other similar Taxes to the applicable taxing authorities. The AESO shall, within sixty (60) days after remitting such Taxes, notify the Generator in writing, providing reasonable detail of such payment so that the Generator may claim any applicable rebates, refunds or credits from the applicable taxing authorities. If, after the AESO has paid such amounts, the AESO receives a refund, rebate or credit on account of such Taxes, then the AESO shall promptly remit such refund, rebate or credit amount to the Generator. (b) If the Generator is or becomes a non-resident of Canada, for purposes of the ITA or ceases to be a Canadian partnership as defined in the ITA, the Generator shall notify the AESO forthwith of such status and shall provide the AESO with all such information reasonably required by the AESO to comply with any withholding tax or other tax obligations to which the AESO is or may become subject as a result of thereof.

Non-Residency. ‌ (a) If the Generator is a non-resident of Canada, for purposes of the ITA or is a partnership that is not a Canadian partnership as defined in the ITA, then payments under this Agreement by the AESO shall be reduced by the amount of any applicable withholding or other similar Taxes and the AESO shall remit such withholding or other similar Taxes to the applicable taxing authorities. The AESO shall, within sixty (60) days after remitting such Taxes, notify the Generator in writing, providing reasonable detail of such payment so that the Generator may claim any applicable rebates, refunds or credits from the applicable taxing authorities. If, after the AESO has paid such amounts, the AESO receives a refund, rebate or credit on account of such Taxes, then the AESO shall promptly remit such refund, rebate or credit amount to the Generator. (b) If the Generator is or becomes a non-resident of Canada, for purposes of the ITA or ceases to be a Canadian partnership as defined in the ITA, the Generator shall notify the AESO forthwith of such status and shall provide the AESO with all such information reasonably required by the AESO to comply with any withholding tax or other tax obligations to which the AESO is or may become subject as a result of thereof.