Common use of Refund Clause in Contracts

Refund. In the event that (a) a private letter ruling is issued to the Participating TO which holds that any amount paid or the value of any property transferred by the Interconnection Customer to the Participating TO under the terms of this LGIA is not subject to federal income taxation, (b) any legislative change or administrative announcement, notice, ruling or other determination makes it reasonably clear to the Participating TO in good faith that any amount paid or the value of any property transferred by the Interconnection Customer to the Participating TO under the terms of this LGIA is not taxable to the Participating TO, (c) any abatement, appeal, protest, or other contest results in a determination that any payments or transfers made by the Interconnection Customer to the Participating TO are not subject to federal income tax, or (d) if the Participating TO receives a refund from any taxing authority for any overpayment of tax attributable to any payment or property transfer made by the Interconnection Customer to the Participating TO pursuant to this LGIA, the Participating TO shall promptly refund to the Interconnection Customer the following: (i) any payment made by Interconnection Customer under this Article

Refund. In the event that (a) a private letter ruling is issued to the Participating TO Transmission Provider which holds that any amount paid or the value of any property transferred by the Interconnection Customer to the Participating TO Transmission Provider under the terms of this LGIA is not subject to federal income taxation, (b) any legislative change or administrative announcement, notice, ruling or other determination makes it reasonably clear to the Participating TO Transmission Provider in good faith that any amount paid or the value of any property transferred by the Interconnection Customer to the Participating TO Transmission Provider under the terms of this LGIA is not taxable to the Participating TOTransmission Provider, (c) any abatement, appeal, protest, or other contest results in a determination that any payments or transfers made by the Interconnection Customer to the Participating TO Transmission Provider are not subject to federal income tax, or (d) if the Participating TO Transmission Provider receives a refund from any taxing authority for any overpayment of tax attributable to any payment or property transfer made by the Interconnection Customer to the Participating TO Transmission Provider pursuant to this LGIA, the Participating TO Transmission Provider shall promptly refund to the Interconnection Customer the following: (i) any payment made by Interconnection Customer under this Article