Royalty and Taxes. 5A.1 Licensee will pay to MSD an earned royalty at the rate of five percent (5%) of aggregate Net Sales of Products sold by Licensee or its Affiliates to a governmental entity or Public Purchasers in the Territory in each calendar year, and ten percent (10%) of aggregate Net Sales of Products sold by Licensee or its Affiliates to a commercial entity in the Territory in each calendar year and be recorded in the manner further described in Appendix 3 of this Agreement.
Royalty and Taxes. 13.1 Antero shall have the sole and exclusive obligation and liability for the payment of all persons due any proceeds derived from the Gas delivered under this Agreement, including royalties, overriding royalties, and similar interests, in accordance with the provisions of the leases or agreements creating those rights to proceeds. In no event will MarkWest have any obligation to those persons due any of those proceeds of production attributable to the Gas under this Agreement.
13.2 Antero shall pay and be responsible for all Taxes levied against or with respect to Antero’s Gas delivered or services provided to Antero under this Agreement, except for any MarkWest local, state or federal income taxes associated with payments by Antero in cash or in kind to MarkWest for such services. MarkWest shall under no circumstances become liable for those Taxes, unless designated to remit those Taxes on behalf of Antero by any duly constituted jurisdictional agency having authority to impose such obligations on MarkWest, in which event the amount of those Taxes remitted on Antero’s behalf shall (a) be reimbursed by Antero upon receipt of invoice, with corresponding documentation from MarkWest setting forth such payments, or (b) deducted from amounts otherwise due Antero under this Agreement.
13.3 Antero hereby agrees to defend and indemnify and hold MarkWest harmless from and against any and all Losses arising from the payments made by Antero in accordance with Sections 13.1 and 13.2, including, without limitation, Losses arising from claims for the nonpayment, mispayment, or wrongful calculation of those payments.
Royalty and Taxes. 13.1. Processing Customer shall have the sole and exclusive obligation and liability for the payment of all persons due any proceeds derived from the Gas delivered under this Agreement, including royalties, overriding royalties, and similar interests, in accordance with the provisions of the leases or agreements creating those rights to proceeds. In no event will Processor have any obligation to those persons due any of those proceeds of production attributable to the Gas under this Agreement.
13.2. Processing Customer shall pay and be responsible for all Taxes levied against or with respect to Gas delivered or services provided under this Agreement which apply to the Gas prior to delivery of the Gas to Processor. Processor shall under no circumstances become liable for those Taxes.
13.3. Processing Customer hereby agrees to defend and indemnify and hold Processor harmless from and against any and all Losses, arising from the payments made by Processing Customer in accordance with Sections 13.1. and 13.2., above, including, without limitation, Losses arising from claims for the nonpayment, mispayment, or wrongful calculation of those payments.
Royalty and Taxes. 13.1. Producer shall have the sole and exclusive obligation and liability for the payment of all persons due any proceeds derived from the Gas delivered under this Agreement, including royalties, overriding royalties, and similar interests, in accordance with the provisions of the leases or agreements creating those rights to proceeds. In no event will Processor have any obligation to those persons due any of those proceeds of production attributable to the Gas under this Agreement.
13.2. Producer shall pay and be responsible for all Taxes levied against or with respect to Gas delivered or services provided under this Agreement which apply to the Gas prior to delivery of the Gas to Processor. Processor shall under no circumstances become liable for those Taxes, unless designated to remit those Taxes on behalf of Producer by any duly constituted jurisdictional agency having authority to impose such obligations on Processor, in which event the amount of those Taxes remitted on Producer’s behalf shall (a) be reimbursed by Producer upon receipt of invoice, with corresponding documentation from Processor setting forth such payments, or (b) deducted from amounts otherwise due Producer under this Agreement.
13.3. Producer hereby agrees to defend and indemnify and hold Processor harmless from and against any and all Losses, arising from the payments made by Producer in accordance with Sections 13.1 and 13.2, above, including, without limitation, Losses arising from claims for the nonpayment, mispayment, or wrongful calculation of those payments.
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Royalty and Taxes. 12.1 Producer shall pay or cause to be paid any sales, transaction, occupation, service, production, severance, gathering, transmission or excise tax; assessment or fee levied, assessed or fixed, whether by the United States, the State of Texas, or other governmental agency, in respect of or applicable to the gas delivered hereunder. Any taxes and statutory charges levied or assessed against Producer's properties, facilities or operations shall be borne by Producer. Processor shall bear all taxes levied against its properties or facilities. In the event a tax is hereafter imposed upon the act, right or privilege of processing of gas for the recovery of Plant Products, or any tax similar in effect is imposed with respect to Processor's operations hereunder, the tax shall be borne by both Processor and Producer in the same ratio that the parties share the value of Plant Products extracted in the Plant. Should Processor be obligated to make payment for any taxes due to be paid by Producer, Producer shall promptly reimburse Processor for the amount of taxes so paid.
12.2 Producer agrees to account for and pay or cause to be paid all royalties, overrides, and other sums due by Producer to the owners of the mineral, royalty and other interests in the gas, Residue Gas, and Plant Products, and Producer will indemnify and save Processor harmless against all loss, damage, and expense of every character on account of adverse claims to all such gas, Residue Gas, and Plant Products or royalties, taxes, payments or other charges due thereon.
Royalty and Taxes. Producer shall have the sole and exclusive obligation and liability for the payment of all persons due any proceeds derived from the Gas delivered under this Agreement, including royalties, overriding royalties, and similar interests, in accordance with the provisions of the leases or agreements creating those rights to proceeds. In no event will Processor have any obligation to those persons due any of those proceeds of production attributable to the Gas under this Agreement.
Royalty and Taxes. 13.1. Producer shall have the sole and exclusive obligation and liability for the payment of all persons due any proceeds derived from the Gas delivered under this Agreement, including royalties, overriding royalties, and similar interests, in accordance with the provisions of the leases or agreements creating those rights to proceeds. In no event will Processor have any obligation to those persons due any of those proceeds of production attributable to the Gas under this Agreement.
13.2. Producer shall pay and be responsible for all Taxes levied against or with respect to Gas delivered or services provided under this Agreement which apply to the Gas prior to delivery of the Gas to Processor. Processor shall under no circumstances become liable for those Taxes, unless designated to remit those Taxes on behalf of Producer by any duly constituted jurisdictional agency having authority to impose such obligations on Processor, in which event the amount of those Taxes remitted on Producer’s behalf shall (a) be reimbursed by Producer upon receipt of invoice, with corresponding documentation from Processor setting forth such payments, or (b) deducted from amounts otherwise due Producer under this Agreement.
Royalty and Taxes. 5.1 Equitable agrees to account for and be responsible for all the royalties due on the gas delivered under this Agreement in strict accordance with the provisions of those leases or agreements creating those royalties.
5.2 Equitable shall be responsible for all gross production, severance, and similar taxes levied against or with respect to gas delivered under this Agreement. MarkWest shall under no circumstances become liable for those taxes, unless designated to remit those taxes on behalf of Equitable by any duly constituted jurisdictional agency having authority to impose such obligations on MarkWest, in which event this amount of those taxes remitted by MarkWest on Equitable’s behalf shall be added to the compensation otherwise due MarkWest hereunder.
5.3 MarkWest shall be responsible for any existing or new taxes levied against or with respect to Plant Products recovered by MarkWest from Equitable’s Gas.
Royalty and Taxes. 14.1 Seller agrees to account and pay to the lessors or royalty owners under its leases, in strict accordance with the provisions thereof, the royalty on the gas sold and delivered hereunder to Buyer.
14.2 Seller shall pay all taxes against the gas sold hereunder. In the event any new or additional tax should hereafter be assessed on the value of the gas sold to Buyer hereunder, the Seller shall pay the same. If such new or additional tax is a type of tax which is assumed by a purchaser of surplus residue gas under the provisions of any gas purchase agreement entered into by Buyer, then to the extent such tax is required to be assumed by such purchaser of surplus residue gas, Buyer agrees to pay to the Seller those proceeds received by Buyer, insofar as such reimbursements represent the Seller's proportionate share of such funds paid by the purchaser of surplus residue gas under such agreement.
15.1 Buyer shall keep reasonably clear of obstruction all its pipelines through which said gas is being delivered and shall own all liquid collected in such line. CON391 20