Common use of Provincial Tax Clause in Contracts

Provincial Tax. (a) The amounts payable by the Customer to Deswik for, or in connection with, any supply under this Agreement do not include any Provincial Tax. (b) The Customer must pay Deswik an additional amount on account of Provincial Tax equal to the amounts payable by the Customer for the supply multiplied by the prevailing Provincial Tax rate. (c) Subject to clause 7.6(d), the additional amount on account of Provincial Tax is payable at the same time and in the same manner as the amounts payable by the Customer are required to be paid to Deswik. (d) The Customer is not required to pay the additional amount on account of Provincial Tax until Deswik has provided the Customer with a tax invoice which is in an approved form for Provincial Tax purposes. (e) To the extent that the amounts for the supply consist of the reimbursement or indemnity for any liabilities, costs or expenses incurred by Deswik, in this Agreement the amount of those liabilities, costs or expenses are deemed to be net of any refund or tax credit of Provincial Tax to which Deswik is entitled as a result of incurring the liability, cost or expense. The Customer acknowledges that: (a) the rights granted to the Customer in the Software and all Updates are a license only on the terms of the XXXX; (b) the Intellectual Property Rights in the Software and all Updates are owned by Deswik or relevant third parties under the terms of the XXXX; and (c) all Intellectual Property Rights created as a result of or in the course of Deswik providing the Services to the Customer and all Intellectual Property Rights in and to all documents and any other subject matter created for the purposes of, or in the course of, Deswik providing the Services to the Customer will, upon their creation, be assigned to and vest entirely in Deswik.

Appears in 6 contracts

Samples: Software Support and Maintenance Agreement, Software Support and Maintenance Agreement, Software Support and Maintenance Agreement

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Provincial Tax. (a) The amounts payable by the Customer to Deswik for, or in connection with, any supply under this Agreement do not include any Provincial Tax. (b) The Customer must pay Deswik an additional amount on account of Provincial Tax equal to the amounts payable by the Customer for the supply multiplied by the prevailing Provincial Tax rate. (c) Subject to clause 7.6(d), the additional amount on account of Provincial Tax is payable at the same time and in the same manner as the amounts payable by the Customer are required to be paid to Deswik. (d) The Customer is not required to pay the additional amount on account of Provincial Tax until Deswik has provided the Customer with a tax invoice which is in an approved form for Provincial Tax purposes. (e) To the extent that the amounts for the supply consist of the reimbursement or indemnity for any liabilities, costs or expenses incurred by Deswik, in this Agreement the amount of those liabilities, costs or expenses are deemed to be net of any refund or tax credit of Provincial Tax to which Deswik is entitled as a result of incurring the liability, cost or expense. The Customer acknowledges that: (a) the rights granted to the Customer in the Software and all Updates are a license only on the terms of the XXXX; (b) the Intellectual Property Rights in the Software and all Updates are owned by Deswik or relevant third parties under the terms of the XXXXEULA; and (c) all Intellectual Property Rights created as a result of or in the course of Deswik providing the Services to the Customer and all Intellectual Property Rights in and to all documents and any other subject matter created for the purposes of, or in the course of, Deswik providing the Services to the Customer will, upon their creation, be assigned to and vest entirely in Deswik.

Appears in 1 contract

Samples: Software Support and Maintenance Agreement

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