Regulatory Charges Clause Samples
Regulatory Charges. Seller shall pay or cause to be paid all Taxes, Governmental Charges, fees and other charges imposed by any Governmental Authority (“Regulatory Charges”) on or with respect to the Products arising before and at the Delivery Point, including ad valorem taxes, Taxes related to the operation or maintenance of the Project, the use or consumption of gas or other fuels, and other Taxes attributable to the Project, land, land and Site rights or interests in land and the Site for the Project. Buyer shall pay or cause to be paid all Regulatory Charges on or with respect to the Products purchased by Buyer hereunder, after receipt thereof from the Delivery Point (other than ad valorem, franchise or income taxes which are related to the sale of the Products and are, therefore, the responsibility of the Seller, but excluding any sales taxes, which shall be solely the responsibility of Buyer). In the event a Party is required by Law or regulation to remit or pay Regulatory Charges which are the other Party’s responsibility hereunder, the Party that is assessed shall provided Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Regulatory Charges when due and invoice the responsible Party in accordance with Article VI, and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Regulatory Charges until (but excluding) the date on which the responsible Party reimburses the assessed Party (cumulatively, the “Regulatory Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Regulatory Charges from which it is exempt under the Law; provided that an exempt Party shall bear the responsibility of proving upon request its exemption as necessary to avoid the unjust imposition of a Regulatory Charge on the other Party.
Regulatory Charges. We shall flow through to you any local exchange carrier (LEC) price changes (i) that are attributable to changes in Federal or state regulation, or (ii) for Federally regulated services that are treated as exogenous regulatory cost changes by the Federal Communications Commission (the "FCC") under its price caps regulations as defined in the FCC Rules. 47 C.F.R. Section 61.45. For purposes of this paragraph, price changes attributable to changes in regulation include, but are not necessarily limited to, price changes reflecting total or partial elimination of any enhanced services provider exemption from payment of interexchange access charges or any regulatory decision which results in application of multiple Subscriber Line Charges to ISDN Primary Rate interface circuits or channelized T1 circuits.