Sales Tax Responsibility/Indemnification. The Supplier has the responsibility for identification of the sales tax status of its Customers including, but not limited to: 1) the collection and maintenance of certificates of exemption; 2) the identification of governmental Customers exempt from sales tax, but not required to submit certificates of exemption; 3) the submission to the Company via electronic means (as defined by the Company) of information related to the Customers’ sales tax exemption status; 4) the installation and maintenance of equipment and software required to code Customers as being exempt from sales tax for submission to the Company’s electronic data file system; and 5) the processing of retroactive adjustments of bills and pass back of refunds where Customers were exempt from the payment of sales tax, but exemptions were not timely recognized. The Company assumes no responsibility or liability for the Supplier’s misapplication of tax-exempt status to a Customer. Supplier shall release, waive and hold the Company harmless for any assessments, penalties, liabilities or claims of any kind whatsoever, related to the Supplier’s misapplication of tax-exempt status to any Customer. The Supplier is responsible for the payment to the State of Ohio of all sales taxes on gas costs billed by the Company on behalf of the Supplier for the sale of volumes by that Supplier through Company’s Customer CHOICESM program. The Supplier shall release, waive and hold the Company harmless for any assessments, penalties, liabilities or claims of any kind whatsoever, related to the Supplier’s proper and timely reporting and remitting of sales tax collections to the State of Ohio. To the fullest extent allowed by law, Supplier shall defend, indemnify, and hold the Company harmless from any and all costs, claims, damages, fines, taxes and any penalties and interest thereon, relating in any way to: (i) the Company’s reliance on information or directives provided by Supplier to the Company, or (ii) the Company’s collection or remittance or failure to collect or remit sales taxes on Supplier’s behalf, or (iii) the failure of Supplier to satisfy its tax obligations related to the sale of natural gas. The Company is only responsible for Ohio sales tax deficiencies and audits regarding the Company’s charges directly related to its distribution of the natural gas commodity to the Customer. The obligations of Supplier to defend, indemnify and hold the Company harmless shall survive the termination or expiration of this Agreement.
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Samples: Accounts Receivable Purchase Agreement, Accounts Receivable Purchase Agreement, Accounts Receivable Purchase Agreement
