Common use of Paragraph reserved Clause in Contracts

Paragraph reserved. E. All applicable taxes, including but not limited to sales/use taxes, transaction privilege taxes, value-added taxes (VAT), general services taxes (GST), gross receipts taxes, and other charges such as duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Supplier’s invoice and shall be paid by Buyer to Supplier. Supplier shall remit all such charges to the appropriate tax authority unless Buyer provides sufficient proof of tax exemption acceptable to the taxing authorities in lieu of paying certain taxes. In the event that Buyer is prohibited by law from making payments to Supplier unless Buyer deducts or withholds taxes and remits such taxes to the local taxing jurisdiction, then Buyer shall duly withhold such taxes and shall pay to Supplier the remaining net amount after the taxes have been withheld. Buyer shall not reimburse Supplier for the amount of such taxes withheld. When property is delivered and/or services are provided or the benefit of services occurs within jurisdictions in which Supplier collection and remittance of taxes is required by law, Supplier shall have sole responsibility for payment of said taxes to the appropriate tax authorities. In the event Supplier does not collect tax from Buyer, and is subsequently audited by any tax authority, liability of Buyer will be limited to the tax assessment, with no reimbursement for penalty or interest charges, unless the penalty or interest charges result from submission of invalid information by Buyer. Each party is responsible for its own respective income taxes or taxes based upon net revenues, including but not limited to business and occupation taxes.

Appears in 6 contracts

Samples: Master Purchase Agreement (Aquantia Corp), Master Purchase Agreement (Aquantia Corp), Master Purchase Agreement (Aquantia Corp)

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