Other GST matters. (a) If a party is entitled to be reimbursed or indemnified under this agreement, the amount to be reimbursed or indemnified is reduced by the amount of GST for which there is an entitlement to claim an input tax credit on an acquisition associated with the reimbursement or indemnity. The reduction is to be made before any increase under clause 13.1(b). An entity is assumed to be entitled to a full input tax credit on an acquisition associated with the reimbursement or indemnity unless it demonstrates otherwise before the date the reimbursement or indemnity is made.
(b) Any reference in this agreement to cost, expense, liability or similar amount (Expense) is a reference to that Expense exclusive of GST (unless that Expense is expressed to be GST-inclusive).
(c) This clause will not merge on completion and will survive the termination of this agreement by any party.
Other GST matters. (a) If a party is entitled to be reimbursed or indemnified under this deed, the amount to be reimbursed or indemnified is reduced by the amount of GST for which there is an entitlement to claim an input tax credit on an acquisition associated with the reimbursement or indemnity. The reduction is to be made before any increase under clause 9.1(b). An entity is assumed to be entitled to a full input tax credit on an acquisition associated with the reimbursement or indemnity unless it demonstrates otherwise before the date the reimbursement or indemnity is made. GEM Share Lending Deed Legal/70172502_4
(b) Any reference in this deed to cost, expense, liability or similar amount (Expense) is a reference to that Expense exclusive of GST (unless that Expense is expressed to be GST-inclusive).
Other GST matters. (a) Subject to an express provision in these Terms to the contrary, any payment, amount, reimbursement or indemnity required to be made to a party ('Payee') under these Terms that includes any calculation by reference to a cost, expense, Liability or other amount paid or payable by the Payee to a third party ('Expense') will be calculated by reference to that Expense inclusive of GST, less the amount of any input tax credit which the Payee is entitled to claim on that Expense.
(b) If part of a supply is a separate supply under the GST Law (including for the purpose of attributing GST payable to tax periods), that part is a separate supply for the purposes of this clause.
(c) Where the context requires, a reference to the Provider, the Recipient or the Payee in this clause includes the representative member of a GST Group of which the Provider, the Recipient or the Payee respectively is a member.
Other GST matters. If a party is entitled to be reimbursed or indemnified under this Head Agreement or a Contract, the amount to be reimbursed or indemnified is reduced by the amount of GST for which there is an entitlement to claim an input tax credit on an acquisition associated with the reimbursement or indemnity. The reduction is to be made before any increase under clause 11.9. An entity is assumed to be entitled to a full input tax credit on an acquisition associated with the reimbursement or indemnity unless it demonstrates otherwise before the date the reimbursement or indemnity is made.
Other GST matters. If a party is entitled to be reimbursed or indemnified under a Contract, the amount to be reimbursed or indemnified is reduced by the amount of GST for which there is an entitlement to claim an input tax credit on an acquisition associated with the reimbursement or indemnity. The reduction is to be made before any increase under clause 7.4. An entity is assumed to be entitled to a full input tax credit on an acquisition associated with the reimbursement or indemnity unless it demonstrates otherwise before the date the reimbursement or indemnity is made. Any reference in this Head Agreement or in a Contract to cost, expense, liability or similar amount (Expense) is a reference to that Expense exclusive of GST (unless that Expense is expressed to be GST inclusive). Changes in Government Taxes Subject to clause 7.12, if any new or existing government Tax (Changed Tax) levied in Australia in connection with the provision of the Deliverables is introduced, increases, decreases or is removed in its entirety and this affects: the cost of an item included in the Charges; or the cost to the Contractor of providing the Deliverables, the Contractor: in the case of an increase or introduction of a Tax, may apply to vary Schedule 3 - Attachment 2 (Deliverables and Pricing) to take account of the net effect of the change in the Changed Tax; or in the case of a decrease or a removal of a Tax, must give Finance written Notice of the decrease or removal together with evidence of the net effect of the decrease or removal on the Charges as soon as practicable after the change in the Changed Tax is announced or the Contractor becomes aware of the decrease or removal, and Schedule 3 - Attachment 2 (Deliverables and Pricing) will be varied to take account of the effect of such decrease or removal. The increase in the Charges under clause 7.8 will not take effect, and Finance is not obliged to approve any variation to Schedule 3 - Attachment 2 (Deliverables and Pricing) attributable to the Changed Tax, unless and until the Contractor provides Finance with evidence of the net effect of the Changed Tax on the cost of an item or the costs of supplying the Deliverables and Finance is satisfied that: the claimed increase is actually attributable to that Tax and takes into account reductions in any other government Tax; and the change in the Changed Tax has affected the Charges, and the increase will take effect from the date on which the Changed Tax became effective. A decrease in th...
