Sales, Use and Property Taxes. Each Party shall be responsible for any sales, lease, use, personal property, stamp, duty or other such taxes on Equipment, Software or property it owns or leases from a third party, including any lease assigned pursuant to this Agreement, and/or for which it is financially responsible under this Agreement.
Sales, Use and Property Taxes. Service Provider shall be responsible for any sales, lease, use, personal property, stamp, duty or other such taxes on Equipment, Materials or property it owns or leases or licenses from a third party, including any lease or license assigned pursuant to this Agreement.
Sales, Use and Property Taxes. Contractor shall be responsible for any sales, lease, use, personal property, real or improved property, stamp, duty or other such taxes on Materials or property it owns or leases or licenses from a third party, including any lease or license assigned pursuant to this Agreement.
Sales, Use and Property Taxes. Successful Respondent shall be responsible for any sales, lease, use, personal property, stamp, duty, or other such taxes on Equipment, Materials or property it owns or leases or licenses from a third party, including any lease or license assigned pursuant to this Agreement.
Sales, Use and Property Taxes. CSC shall be responsible for any sales, lease, use, personal property, stamp duty or other such taxes on its real property and personal property, including CSC Provided Systems. Sears (or the other Eligible Recipients) shall be responsible for any sales, lease, use, personal property, stamp duty or other such taxes on its real property and its personal property, including Sears Provided Systems and CSC Managed Systems provided pursuant to the Excluded Agreements or on a Pass-Through Expense basis.
Sales, Use and Property Taxes. Sales or use taxes, if applicable on this purchase, are the responsibility of the Buyer. Buyer hereby indemnifies Seller and Broker for the payment of same. As per this Agreement, Property tax is the responsibility of the Owner of Record on January 1st of any given year. This contract does not implement any prorating of Property Tax, unless otherwise stated in ADDITIONAL TERMS. Seller and Buyer are advised to take this into account when agreeing on the terms of purchase.
Sales, Use and Property Taxes. (a) For purposes of sales, use and similar taxes, each Lessee represents and warrants with respect to the Equipment that:
(i) Lessor’s acquisition of, and the leasing pursuant to this Lease of, the Equipment is exempt from all sales, use and similar taxes imposed upon or payable by either Lessor or Lessees as a result of the acquisition, use or rental of such Equipment, and Lessees have furnished to Lessor an appropriate tax exemption certificate or other documentation (which must be satisfactory to Lessor) evidencing such exemption;
(ii) to the extent that the acquisition, use or rental of such Equipment is not exempt from all sales, use and similar taxes, Lessees complied and will continue to comply with their obligations under the Lease to reimburse Lessor for full amount of such taxes; and
(iii) any tax exemption certificates, or any similar documentation, furnished to Lessor by Lessees claiming any exemption, abatement or exception to sales, use or similar tax, shall be true, accurate and complete in all respects and Lessor is entitled to rely thereon in not remitting or paying any such tax.
(b) For purposes of tangible personal property taxes applicable to this Equipment Schedule and to the extent required by law, Lessees will prepare and file applicable tax returns. Each Lessee hereby agrees to remit any tax due and owing (unless properly contested) directly to the taxing authority in which the Equipment is located. Upon request from Lessor, Lessees shall provide copies of any requested tax return and proof of payment. Both Lessor and Lessees agree to cooperate with each other to resolve any disputed assessment or governmental audit. Lessees shall have the right to contest any assessment provided such contest: (i) is properly initiated and challenged in accordance with such taxing jurisdiction’s procedures or is premised upon the advice of tax counsel; (ii) does not jeopardize the Equipment to confiscation or forfeiture; and (iii) does not subject Lessor to penalty or criminal sanction. Should any contest fail, or upon the advice of Lessor’s tax counsel be deemed to lack merit or be unlikely to succeed, Lessees shall upon demand from Lessor withdraw their challenge and promptly remit payment to the taxing authority. In the event Lessees fail to timely file returns or remit payment of the amounts due (unless such assessment is being challenged) or comply with the other terms herein, Lessor reserves the right to file returns and remit the amount due.
Sales, Use and Property Taxes. Each Summary Schedule is a net lease, which means You will pay when due, or reimburse Us, for all taxes, fees or any other charges such as maintaining, repairing and insuring the Equipment in each case, to the extent required by this Agreement (together with any related interest or penalties not arising from Our negligence) accrued for or arising during the term of each lease against Us, You or the Equipment, but without prejudice to and subject to the limitations in to Section 15. If You intend for Us to pay Your vendor directly, You must notify Your vendor that We are in the business of purchasing tangible personal property for resale and that the transaction is not subject to sales tax. We will then provide them with Our resale certificate, if necessary. We will provide you a copy of Our resale certificate after You sign this Agreement. You will then be subject to a use tax on the Rent amount for the entire term of the lease. Use tax amounts will be indicated on each Summary Schedule. Use tax amounts are payable in advance and are due on the first day of each month by the same payment methods as Rent payments. Use tax amounts are based upon the location of the Equipment and are determined by each state tax authority. These tax amounts may change every year, depending on the local tax code and the location of the Equipment. You understand that the use and property tax rates may change as a result of relocating the Equipment. If You purchase Equipment directly from a vendor, pay sales tax, and submit the Equipment to Us for a sale-leaseback transaction, then You represent that You have paid all state sales tax due on the cost of that portion of the Equipment to be installed in that state and agree to provide evidence of such payment, if specifically requested. As a result, We will not charge You for use tax on the Rent. You understand that this is an irrevocable election to measure the tax by the Equipment cost and cannot be changed except prior to installation of the Equipment. You also agree that We have the right each year to estimate the yearly personal property taxes that will be due for the Equipment and that You will pay Us the estimated taxes when We request payment either electronically or by check. At the end of every year, We will reimburse You for any excess tax payment, or We will apply it to the next year’s estimate. You also agree to sign any document We provide which is necessary for the purpose of such filing, so long as the filing does n...
Sales, Use and Property Taxes. Seller will pay all sales and use taxes arising from the transfer of the Assets and will pay its portion, prorated as of the Closing, of state and local personal property taxes of the Business.
Sales, Use and Property Taxes. Lessor will invoice Lessee for all sales, use and/or personal property taxes as and when due and payable (either in reimbursement for amounts paid in connection with such taxes by Lessor or for payments otherwise due taxing authorities in accordance with applicable law), unless Lessee has delivered to Lessor a valid exemption certificate with respect to such taxes. Delivery of such certificate shall constitute Lessee's representation and warranty that no such tax shall be or become due and payable at any time with respect to the Equipment covered by this Lease Schedule and, without in any way limiting the terms of Section 14 of the Master Lease, Lessee shall indemnify and hold harmless Lessor from and against any and all liability or damages, including late charges and interest, which Lessor may incur by reason of the assessment of any such tax.
