Sales Tax During Construction Sample Clauses

Sales Tax During Construction. During construction of the Ballpark, the City and Tenant shall cooperate in seeking a determination from the Comptroller of Public Accounts of the State of Texas confirming that items of tangible personal property incorporated or consumed in the construction of the Ballpark acquired by Tenant and resold to the City, for the consideration, the receipt and sufficiency of which is hereby acknowledged, recited in the Project Documents shall be exempt from Texas sales and use taxes pursuant to Texas Tax Code, Chapter 151. City and Tenant shall take appropriate or necessary steps to establish and maintain the foregoing exemption, including, without limitation (i) structuring all construction contracts and subcontracts as “separated contracts” within the meaning of the Texas Tax Code and Comptroller Rule 3.291, containing separately stated contract prices for materials and labor, (ii) structuring all construction contracts to ensure that title to all tangible personal property incorporated or consumed in the construction of the Ballpark passes to Tenant when it is delivered to the Land prior to incorporation or use by Tenant, contractor, or any other party, (iii) executing and delivering an agreement or agreements between the City and Tenant providing for the sale to the City of all tangible personal property incorporated or consumed in the construction of the Ballpark, for $10 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, before it is incorporated or used in the construction of the Ballpark or used by Tenant, contractor, or any other party, and (iv) Tenant’s issuing resale certificates to its contractors and requiring that all contractors issue resale certificates to their subcontractors, in each case claiming appropriate exemption from tax. To be clear, the “passing of title” described in (ii) and (iii) above excludes any risk of ownership, all of which shall remain with Tenant, including, without limitation, any risk of loss, which Tenant shall insure against (for full replacement value) in accordance with the provisions of this Lease.”
Sample 1
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Sales Tax During Construction. If requested by Xxxxxx during construction of the Demised Property, Landlord and Tenant shall take all reasonable steps, at Tenant’s sole cost and expense, to establish and maintain any applicable exemptions from Florida sales and use tax for items of tangible personal property and taxable services used to construct the Improvements.
Sample 1
Sales Tax During Construction. During construction of the Ballpark, the City and Tenant shall cooperate in seeking a determination from the Comptroller of Public Accounts of the State of Texas confirming that items of tangible personal property incorporated or consumed in the construction of the Ballpark acquired by Tenant and resold to the City, for the consideration, the receipt and sufficiency of which is hereby acknowledged, recited in the Project Documents shall be exempt from Texas sales and use taxes pursuant to Texas Tax Code, Chapter 151. City and Tenant shall take appropriate or necessary steps to establish and maintain the foregoing exemption, including, without limitation (i) structuring all construction contracts and subcontracts as “separated contracts” within the meaning of the Texas Tax Code and Comptroller Rule 3.291, containing separately stated contract prices for materials and labor,
Sample 1
Sales Tax During Construction. If requested by Tenant during construction of the Leased Premises, Landlord and Tenant shall, at Tenant’s expense, take all reasonable steps, at Tenant’s sole cost and expense, to establish and maintain any applicable exemptions from Texas sales and use tax for items of tangible personal property and taxable services used to construct the Improvements, including to cooperate in seeking a determination from the Comptroller of Public Accounts of the State of Texas confirming that the Donated Construction Materials shall be exempt from sales and use taxes. Landlord and Tenant shall, at Tenant’s expense, take appropriate or necessary steps to establish and maintain the foregoing exemption, including, without limitation
Sample 1
Sales Tax During Construction. Section 4.5 of the Ballpark Lease is hereby deleted in its entirety and replaced with the following:
Sample 1
Sales Tax During Construction. During construction of the Ballpark, the City and Tenant shall cooperate in seeking a determination from the Comptroller of Public Accounts of the State of Texas confirming that items of tangible personal property (including without limitation materials, equipment and supplies) acquired by Tenant on behalf of the City pursuant to the Project Documents shall be exempt from sales and use taxes. City, Tenant and Tenant shall take appropriate or necessary steps to establish and maintain the foregoing exemption, including, without limitation (i) structuring all construction contracts and subcontracts as “separated contracts” within the meaning of the Texas Tax Code, containing separately stated contract prices for materials and labor, (ii) executing and delivering an agreement or agreements between the City and Tenant providing for donation and assignment to the City of items of tangible personal property (including materials, equipment and supplies) purchased with funds disbursed out of the Project Account(s) as and when incorporated into the Ballpark or as and when delivered to the Land (or any off-site staging area in preparation for delivery to the Land), (iii) the City’s confirming in writing to Tenant the City’s acceptance of delivery of each donation of such tangible personal property, and (iv) Tenant’s issuing exemption certificates to its contractors and requiring that all contractors issue resale certificates to their subcontractors, in each case claiming appropriate exemption from tax.
Sample 1

Related to Sales Tax During Construction

  • Delays during construction Without prejudice to the provisions of Clause 10.3 (ii), in the event the Contractor does not achieve any of the Project Milestones or the Authority’s Engineer shall have reasonably determined that the rate of progress of Works is such that Completion of the Project Highway is not likely to be achieved by the end of the Scheduled Completion Date, it shall notify the same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such notice, by a communication inform the Authority’s Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve the Project Completion Date.

  • Maintenance during Construction Period (i) During the Construction Period, the Contractor shall maintain, at its cost, the existing lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at no time materially inferior as compared to their condition on Appointed Date, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for the efficient progress of Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Contractor only with the prior written approval of the Authority’s Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring safe operation of the Project Highway. It is further agreed that in the event the Project includes construction of a bypass or tunnel and realignment of the existing carriageway, the Contractor shall maintain the existing highway in such sections until the new Works are open to traffic.

  • During Construction Upon request of the Owner the Contractor shall submit written proposals for unit prices to be applied in the event Change Order Work is authorized by the Owner to be performed under Case (b).

  • Contract Construction 6.27.1 The parties acknowledge that each party and its counsel have reviewed this CONTRACT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this CONTRACT or any amendment or exhibits hereto.

  • PRE-CONSTRUCTION PHASE FEE The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement.

  • Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.

  • OPERATION OF PROPERTY DURING AGREEMENT PERIOD The Seller will continue to operate the Property and any business conducted on the Property in the manner operated prior to the Agreement and will take no action that would adversely impact the Property, tenants, lender, or business, if any. Any changes, such as renting vacant space, that materially affects the Property or the Buyer's intended use will be permitted only with the Buyer's consent.

  • DELIVERY (Non-Construction) 10.1 Each Bidder shall state on the bid the date upon which it can make delivery of all equipment or merchandise.

  • Cost of Construction 1. During the Schematic Design, Design Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost shall be reconciled against the Budget approved by the DISTRICT pursuant to Article IV, Section 2.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

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