Common use of Reimbursement of Certain Other Taxes Clause in Contracts

Reimbursement of Certain Other Taxes. Buyer shall, subject to the conditions hereinafter specified, reimburse Seller for fifty percent (50%) of any new, increased or additional tax paid by Seller which is attributable to the deliveries of Carbon Dioxide made by Seller under this Agreement. The term “new, increased or additional tax” shall mean production and severance taxes, taxes based on extraction of Carbon Dioxide from the ground, ad valorem taxes calculated on the basis of production or sales of Carbon Dioxide, taxes based on gathering or transportation occurring up to the Delivery Point, and any other tax, assessment, or fee of a similar nature or equivalent in effect levied, assessed, or fixed by governmental authority for which Seller may be liable in addition to or greater than those in effect on July 1, 2006. For purposes of this Article 8.3, the term “new, increased or additional tax” shall not include any income, excess profit, capital stock, or excise tax, any sales or use tax which is covered under Article 8.2, and any ad valorem or general property tax (to the extent such ad valorem or general property tax may be assessed on or attributable to the value of surface and subsurface production equipment and manufacturing and transmission facilities utilized by Seller to deliver Carbon Dioxide hereunder). Seller must bring its claim for such Tax Reimbursement within one (1) year of the date of delivery of the Carbon Dioxide at issue.

Reimbursement of Certain Other Taxes. Buyer shall, subject to the conditions hereinafter specified, reimburse Seller for fifty one hundred percent (50100%) of any new, increased or additional tax paid by Seller which is attributable to the deliveries of Carbon Dioxide made by Seller under this Agreement. The term “"new, increased or additional tax” " shall mean production and severance taxes, taxes based on extraction of Carbon Dioxide from the ground, ad valorem taxes calculated on the basis of production or sales of Carbon Dioxide, taxes based on gathering or transportation occurring up to the Delivery Point, and any other tax, assessment, or fee of a similar nature or equivalent in effect levied, assessed, or fixed by governmental authority for which Seller may be liable in addition to or greater than those in effect on July 1, 2006the date of full execution hereof. For purposes of this Article 8.3, the term “"new, increased or additional tax” " shall not include any income, excess profit, capital stock, or excise tax, any sales or use tax which is covered under Article 8.2, and any ad valorem or general property tax (to the extent such ad valorem or general property tax may be assessed on or attributable to the value of surface and subsurface production equipment and manufacturing and transmission facilities utilized by Seller to deliver Carbon Dioxide hereunder). Seller must bring its claim for such Tax Reimbursement tax reimbursement within one three (13) year years of the date of delivery of the Carbon Dioxide at issue.