Common use of Non-Residency Clause in Contracts

Non-Residency. (a) If the Supplier is a non-resident of Canada, as that term is defined in the ITA, then payments under this Agreement by the Sponsor shall be reduced by the amount of any applicable withholding or other similar Taxes and the Sponsor shall remit such withholding or other similar Taxes to the applicable taxing authorities. The Sponsor shall, within 60 days after remitting such Taxes, notify the Supplier in writing, providing reasonable detail of such payment so that the Supplier may claim any applicable rebates, refunds or credits from the applicable taxing authorities. If, after the Sponsor has paid such amounts, the Sponsor receives a refund, rebate or credit on account of such Taxes, then the Sponsor shall promptly remit such refund, rebate or credit amount to the Supplier. (b) If the Supplier is or becomes a non-resident of Canada, as that term is defined in the ITA, the Supplier shall notify the Sponsor forthwith of such status and shall provide the Sponsor with all such information reasonably required by the Sponsor to comply with any withholding tax or other tax obligations to which the Sponsor is or may become subject as a result of thereof.‌

Appears in 1 contract

Samples: Power Purchase Agreement

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Non-Residency. (a) If the Supplier is or becomes a non-resident of Canada, as that term is defined in the ITA, the Supplier shall notify the Sponsor forthwith of such status and shall provide the Sponsor with information sufficient to permit the Sponsor to comply with any withholding Tax, or other Tax obligations, to which the Sponsor may be subject as a result thereof. If the Sponsor incurs any withholding or other similar Taxes as a result of such non-residency, then payments under this Agreement by the Sponsor shall be reduced by the amount of any applicable such withholding or other similar Taxes and the Sponsor shall remit such withholding or other similar Taxes to the applicable taxing authorities. The Sponsor shall, shall within 60 sixty (60) days after remitting such Taxes, notify the Supplier in writing, providing reasonable detail of such payment so that the Supplier may claim any applicable rebates, refunds or credits from the applicable taxing authorities. If, after the Sponsor has paid such amounts, the Sponsor receives a refund, rebate or credit on account of such Taxes, then the Sponsor shall promptly remit such refund, rebate or credit amount to the Supplier. (b) If the Supplier is or becomes a non-resident of Canada, as that term is defined in the ITA, the Supplier shall notify the Sponsor forthwith of such status and shall provide the Sponsor with all such information reasonably required by the Sponsor to comply with any withholding tax or other tax obligations to which the Sponsor is or may become subject as a result of thereof.‌

Appears in 1 contract

Samples: Energy Storage Facility Agreement

Non-Residency. (a) If the Supplier Participant is or becomes a non-resident of Canada, as that term is defined in the ITA, the Participant shall notify the Sponsor forthwith of such status and shall provide the Sponsor with information sufficient to permit the Sponsor to comply with any withholding Tax, or other Tax obligations, to which the Sponsor may be subject as a result thereof. If the Sponsor incurs any withholding or other similar liability for Taxes as a result of such non-residency, then payments under this Agreement by the Sponsor shall be reduced by the amount of any applicable such withholding or other similar Taxes and the Sponsor shall remit such withholding or other similar Taxes to the applicable taxing authorities. The Sponsor shall, shall within 60 sixty (60) days after remitting such Taxes, notify the Supplier Participant in writing, providing reasonable detail of such payment so that the Supplier Participant may claim any applicable rebates, refunds or credits from the applicable taxing authorities. If, after the Sponsor has paid such amounts, the Sponsor receives a refund, rebate or credit on account of such Taxes, then the Sponsor shall promptly remit such refund, rebate or credit amount to the SupplierParticipant. (b) If the Supplier is or becomes a non-resident of Canada, as that term is defined in the ITA, the Supplier shall notify the Sponsor forthwith of such status and shall provide the Sponsor with all such information reasonably required by the Sponsor to comply with any withholding tax or other tax obligations to which the Sponsor is or may become subject as a result of thereof.‌

Appears in 1 contract

Samples: Interruptible Rate Pilot Contract

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Non-Residency. (a) If the Supplier is or becomes a non-resident of Canada, as that term is defined in the ITA, the Supplier shall notify the Sponsor forthwith of such status and shall provide the Sponsor with information sufficient to permit the Sponsor to comply with any withholding Tax, or other Tax obligations, to which the Sponsor may be subject as a result thereof. If the Sponsor incurs any withholding or other similar Taxes as a result of such non-residency, then payments under this Agreement by the Sponsor shall be reduced by the amount of any applicable such withholding or other similar Taxes and the Sponsor shall remit such withholding or other similar Taxes to the applicable taxing authorities. The Sponsor shall, shall within 60 sixty (60) days after remitting such Taxes, notify the Supplier in writing, providing reasonable detail of such payment so that the Supplier may claim any applicable rebates, refunds or credits from the applicable taxing authorities. If, after the Sponsor has paid such amounts, the Sponsor receives a refund, rebate or credit on account of such Taxes, then the Sponsor shall promptly remit such refund, rebate or credit amount to the Supplier. (b) If the Supplier is or becomes a non-resident of Canada, as that term is defined in the ITA, the Supplier shall notify the Sponsor forthwith of such status and shall provide the Sponsor with all such information reasonably required by the Sponsor to comply with any withholding tax or other tax obligations to which the Sponsor is or may become subject as a result of thereof.‌

Appears in 1 contract

Samples: Energy Storage Facility Agreement

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