Common use of Owner Taxes Clause in Contracts

Owner Taxes. (a) If Contractor is assessed any taxes, for tangible personal property and services purchased for the purpose of and in conjunction with constructing of the Project despite having complied with the requirements of Section 4.2.1, Contractor will invoice Owner for reimbursement of such assessment as part of each applicable Request for Payment, and shall include therewith all documentation necessary to evidence Contractor’s and Subcontractor’s payment of such taxes. For the avoidance of doubt, Owner will not be responsible: (i) to reimburse Contractor for those Contractor’s Taxes as described in Section 4.2.1(a); or (ii) for any penalties or interest related to non-payment or late payment of any required Contractor’s Taxes, unless such non-payment or late payment is due to or caused by the instruction of Owner to Contractor, as provided in Section 4.2.1(c)(ii). (b) Owner shall administer and pay all sales, use, gross receipts, income, value-added and withholding taxes and duties, and any other similar taxes or contributions (including penalties and interest related to such taxes), imposed by any taxing authority: (i) that are measured by Owner’s sale of electricity from the Project; and (ii) upon services or labor provided by Owner or any Other Owner Contractors in connection with the Project (collectively “Owner’s Taxes”). Owner shall furnish to the appropriate taxing authorities all required information and reports in connection with all such Owner’s Taxes. (c) To the extent Contractor is legally obligated to pay any of Owner’s Taxes, Owner shall: (i) furnish to Contractor all information and reports required to be furnished to the appropriate taxing authorities in connection with all such Owner’s Taxes; and (ii) reimburse Contractor for the full amount of such Owner’s Taxes paid by Contractor.

Appears in 4 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

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Owner Taxes. (a) If Contractor is assessed any taxes, for tangible personal property and services purchased for the purpose of and in conjunction with constructing of the Project despite having complied with the requirements of Section 4.2.1, Contractor will invoice Owner for reimbursement of such assessment as part of each applicable Request for Payment, and shall include therewith all documentation necessary to evidence Contractor’s and Subcontractor’s payment of such taxes. For the avoidance of doubt, Owner will not be responsible: (i) to reimburse Contractor for those Contractor’s Taxes as described in Section 4.2.1(a); or (ii) for any penalties or interest related to non-payment or late payment of any required Contractor’s Taxes, unless such non-payment or late payment is due to or caused by the instruction of Owner to Contractor, as provided in Section 4.2.1(c)(ii). (b) . Owner shall administer and pay all sales, use, gross receipts, income, value-added and withholding taxes and duties, and any other similar taxes or contributions (including penalties and interest related to such taxes), imposed by any taxing authority: (i) that are measured by Owner’s sale of electricity from the Project; and (ii) upon services or labor provided by Owner or any Other Owner Contractors in connection with the Project (collectively “Owner’s Taxes”). Owner shall furnish to the appropriate taxing authorities all required information and reports in connection with all such Owner’s Taxes. (c) . To the extent Contractor is legally obligated to pay any of Owner’s Taxes, Owner shall: (i) furnish to Contractor all information and reports required to be furnished to the appropriate taxing authorities in connection with all such Owner’s Taxes; and (ii) reimburse Contractor for the full amount of such Owner’s Taxes paid by Contractor.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

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