Quantification. For the purposes of paragraph 2 the amount of a Liability to Taxation or a liability of the kind mentioned in paragraph 2.6 will be determined as follows:
3.1 the amount of a Liability to Taxation falling within paragraph (a) of the definition of that expression in paragraph 1.1 will be the amount of the actual payment of Taxation which the Company is liable to make;
3.2 the amount of a Liability to Taxation falling within paragraph (b) of the definition of that expression in paragraph 1.1 will be the amount of Taxation saved by the Company as a result of the use of the Purchaser’s Relief; and
3.3 the amount of a Liability to Taxation falling within paragraph (c) of the definition of that expression in paragraph 1.1 will be:
3.3.1 the amount of Taxation which would have been saved by the Company but for the loss of the Purchaser’s Relief on the basis of the rates of Taxation current at the date of the loss, assuming for this purpose that the Company had sufficient profits or was otherwise in a position actually to use the Purchaser’s Relief; or
3.3.2 if the Purchaser’s Relief lost was a right to a repayment of Taxation, the amount of the repayment of Taxation so lost; and
Quantification. The Navajo Nation shall have the right to use water from 5 the Colorado River System located within Utah and adjacent to or encompassed within the 6 boundaries of the Navajo Reservation resulting in Depletions not to exceed 81,500 AFY. 7 The Navajo Nation’s Water Rights shall be held in trust by the United States for the use 8 and benefit of the Navajo Nation.
Quantification. Each Party acknowledges and agrees that the loss actually incurred by it under clause 5.1(c) will be of such nature that it cannot accurately be ascertained and that the amount of the Break Fee is a genuine and reasonable pre-estimate of those fees, costs and losses.
Quantification. For the purposes of Section 5.11(a) and (b) the amount of any liability to Tax imposed on the Purchased Subsidiary will be determined as follows:
(i) where the Purchased Subsidiary is liable to make an actual payment of Tax the amount of the liability to Tax will be the amount of the actual payment of Tax which the Purchased Subsidiary is liable to make;
(ii) where the Purchased Subsidiary uses any Deferred Relief (in whole or in part) to reduce or eliminate any liability of the Purchased Subsidiary to make an actual payment of Tax in respect of which the Sellers would otherwise have been liable under Section 5.11(a) (whether or not the Purchased Subsidiary is primarily so liable and whether or not the Purchased Subsidiary has any right of recovery against any other person) the amount of the liability to Tax will be the amount of Tax saved by the Purchased Subsidiary as a result of the use of the Deferred Relief; and
(iii) where the Purchased Subsidiary loses any Deferred Relief (in whole or in part) the amount of the liability to Tax will be: (A) the amount of Tax which would have been saved by the Purchased Subsidiary but for the loss of the Deferred Relief on the basis of the rates of Tax effective at the date of the loss, assuming for this purpose that the Purchased Subsidiary had sufficient profits or was otherwise in a position actually to use the Deferred Relief; or (B) if the Deferred Relief lost was a right to a repayment of Tax, the amount of the repayment of Tax so lost.
Quantification. Once one determines that there are gopher tortoise populations at the site, a survey to estimate the local population size should be conducted by following the protocols outlined in Appendix F.
Quantification. For the purposes of Paragraph 2 the amount of a Liability to Taxation or other liability within Paragraph 2 will be determined as follows:
3.1 the amount of a Liability to Taxation falling within paragraph (a) of the definition of that expression in Paragraph 1.1 will be the amount of the actual payment of Taxation which the relevant Group Member is liable to make;
3.2 the amount of a Liability to Taxation falling within paragraph (b) of the definition of that expression in Paragraph 1.1 will be the amount of Taxation saved by the relevant Group Member as a result of the use of the Buyer’s Relief;
3.3 the amount of a Liability to Taxation falling within paragraph (c) of the definition of that expression in Paragraph 1.1 will be:
3.3.1 the amount of Taxation which would have been saved by the relevant Group Member but for the loss of the Accounts Relief on the basis of the rates of Taxation current at the date of the loss, assuming for this purpose that the relevant Group Member had sufficient profits or was otherwise in a position actually to use the Accounts Relief; or
3.3.2 if the Accounts Relief lost was a right to a repayment of Taxation, the amount of the repayment of Taxation so lost;
3.4 the amount of a Liability to Taxation falling within paragraph (d) of the definition of that expression in Paragraph 1.1 will be the amount of the actual payment of or in respect of Taxation which the member of the Buyer’s Group is liable to make; and
3.5 the amount of a liability of any Group Member to make a payment in respect of Taxation will be the amount of the payment in respect of Taxation which the relevant Group Member is liable to make.
Quantification a. The Tribe has a water right to all Natural Flow and Ground Water within the Badger Creek and Two Medicine Drainages, with the exception of those waters subject to the Water Rights Arising Under State Law in those drainages.
b. Of the Tribal Water Right set forth in Article III.D.1.a, 20 Cfs shall be dedicated to maintain an in-stream flow in the mainstem of Badger Creek within the Badger Creek Drainage, and 20 Cfs shall be dedicated to maintain an in- stream flow in the mainstem of the Two Medicine River within the Two Medicine River Drainage. The in-stream flow right set forth in this Article III.D.1.b shall not be subject to change to any other use, provided that the emergency use of water pursuant to Article III.
Quantification a. The Tribe has a water right to all Natural Flow and Ground Water within the Cut Bank Creek Drainage, with the exception of those waters subject to the Water Rights Arising Under State Law in that drainage.
b. Of the water right set forth in Article III.E.1.a, 2 Cfs shall be dedicated to maintain an in-stream flow in the mainstem of Cut Bank Creek as shown on Appendix . The in-stream flow right set forth in this Article III.E.1.b shall not
Quantification a. The Tribe has a water right to all Natural Flow and Ground Water available to the United States under the Boundary Waters Treaty and all Ground Water not subject to the Boundary Waters Treaty in Basin 40F within the Reservation, with the exception of those waters subject to the Water Rights Arising Under State Law in Basin 40F on the Reservation.
b. Of the water right set forth in Article III.F.1.a, 2 Cfs shall be dedicated to maintain an in-stream flow in the Milk River, as shown on Appendix . The in- stream flow right set forth in this Article III.F.1.b shall not be subject to change to any other use, provided that the emergency use of water pursuant to Article
Quantification a. St. Xxxx River. The Tribe has a water right to:
