Common use of Other Operating Taxes Clause in Contracts

Other Operating Taxes. With the exception of Income Taxes, all other --------------------- federal, state, foreign and local Taxes (including interest and penalties attributable thereto) on the ownership or operation of the Operating Assets which are imposed upon Reserves LLC or the Partnership for periods or portions of periods prior to the Effective Time shall be borne by Seller, and all such Taxes imposed upon the Partnership for periods or portions of periods beginning on or after the Effective Time shall be borne by Buyer. Such Taxes shall be apportioned between Seller and Buyer for the period or portion thereof up to and including the Effective Time, (i) in the case of a flat minimum dollar amount of tax, by multiplying the total amount of such Taxes by a fraction, the numerator of which is the number of days in the partial period through and including the Effective Time and the denominator of which is the total number of days in such tax period, and (ii) in the case of all other operating Taxes, on the basis of actual activities creating such Tax liability of Reserves LLC and the Partnership for the partial period through and including the Effective Time as are determined from their respective Books and Records. To the extent any such amounts are borne prior to the delivery of the Final Statement by a Party who is not required to bear them hereunder, they shall be included in the adjustments to the Settlement Price. The allocation and payment of these Taxes shall be handled through adjustments to the Settlement Price.

Other Operating Taxes. With the exception of Income Taxes, all other --------------------- federal, state, foreign and local Taxes (including interest and penalties attributable thereto) on the ownership or operation of the Operating Assets which are imposed upon Reserves LLC Southeast or the Partnership for periods or portions of periods prior to the Effective Time shall be borne by Seller, and all such Taxes imposed upon the Partnership for periods or portions of periods beginning on or after the Effective Time shall be borne by Buyer. Such Taxes shall be apportioned between Seller and Buyer for the period or portion thereof up to and including the Effective Time, (i) in the case of a flat minimum dollar amount of tax, by multiplying the total amount of such Taxes by a fraction, the numerator of which is the number of days in the partial period through and including the Effective Time and the denominator of which is the total number of days in such tax period, and (ii) in the case of all other operating Taxes, on the basis of actual activities creating such Tax liability of Reserves LLC Southeast and the Partnership for the partial period through and including the Effective Time as are determined from their respective Books and Records. To the extent any such amounts are borne prior to the delivery of the Final Statement by a Party who is not required to bear them hereunder, they shall be included in the adjustments to the Settlement Price. The allocation and payment of these Taxes shall be handled through adjustments to the Settlement Price.

Other Operating Taxes. With the exception of Income Taxes, all other --------------------- federal, state, foreign and local Taxes (including interest and penalties attributable thereto) on the ownership or operation of the Operating Assets which are imposed upon Reserves LLC the Subsidiaries or the Partnership for periods or portions of periods prior to the Effective Time shall be borne by Seller, and all such Taxes imposed upon the Partnership for periods or portions of periods beginning on or after the Effective Time shall be borne by Buyer. Such Taxes shall be apportioned between Seller and Buyer for the period or portion thereof up to and including the Effective Time, (i) in the case of a flat minimum dollar amount of tax, by multiplying the total amount of such Taxes by a fraction, the numerator of which is the number of days in the partial period through and including the Effective Time and the denominator of which is the total number of days in such tax period, and (ii) in the case of all other operating Taxes, on the basis of actual activities creating such Tax liability of Reserves LLC the Subsidiaries and the Partnership for the partial period through and including the Effective Time as are determined from their respective Books and Records. To the extent any such amounts are borne prior to the delivery of the Final Statement by a Party who is not required to bear them hereunder, they shall be included in the adjustments to the Settlement Price. The allocation and payment of these Taxes shall be handled through adjustments to the Settlement Price.

Other Operating Taxes. With the exception of Income Taxes, all other --------------------- federal, state, foreign and local Taxes (including interest and penalties attributable thereto) on the ownership or operation of the Operating Assets which are imposed upon Reserves LLC the Subsidiaries or the Partnership for periods or portions of periods prior to the Effective Time shall be borne by Seller, and all such Taxes imposed upon the Partnership for periods or portions of periods beginning on or after the Effective Time shall be borne by Buyer. Such Taxes shall be apportioned between Seller and Buyer for the period or portion thereof up to and including the Effective Time, (i) in the case of a flat minimum dollar amount of tax, by multiplying the total amount of such Taxes by a fraction, the numerator of which is the number of days in the partial period through and including the Effective Time and the denominator of which is the total number of days in such tax period, and (ii) in the case of all other operating Taxes, on the basis of actual activities creating such Tax liability of Reserves LLC the Subsidiaries and the Partnership for the partial period through and including the Effective Time as are determined from their respective Books and Records. To the extent any such amounts are borne prior to the delivery of the Final Statement by a Party who is not required to bear them hereunder, they shall be included in the adjustments to the Settlement Price. The allocation and payment of these Taxes shall be handled through adjustments to the Settlement Price.included