Separated Contract Sample Clauses

Separated Contract. Owner and Contractor agree that for Texas sales and use tax purposes, this Agreement is a “separated contract” as such term is defined in 34 Texas Administrative Code § 3.291(a)(12). Sales and use taxes on Equipment and Materials purchased by Owner from Contractor that constitute Permanent Plant items shall be paid by Owner and are in addition to the Contract Price.
Sample 1
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Separated Contract. It is the intent of the Contractor and Subcontractor that this Subcontract constitute a separated contract for purposes of the rules of the Texas Comptroller of Public Accounts located at 34 Texas Administrative Code Section 3.291(a)(13).
Sample 1
Separated Contract. It is the intent of the parties for this to ------------------ be a separated contract according to 34 Tex. Xxx. Code Sec. 3.291(a)(b). All invoices issued to Owner hereunder or under any Subcontract shall separately state charges for all materials incorporated into the Work from charges for skill and labor. The Contractor and Subcontractors shall be considered retailers of all materials incorporated into the Work and shall issue resale certificates to vendors in lieu of sales and use taxes on such materials. Contractor will require all subcontracts to be separated contracts according to 34 Tex. Xxx. Code Sec. 3.291(a)(b). All Subcontractors will be required to issue resale certificates for materials incorporated into the Work. The Contractor shall be obligated to provide the Owner with any and all assistance and documentation to properly administrate tax issues, including without limitation, providing to Owner any information regarding quantities, descriptions and cost of materials incorporated into the Work, allocation of labor for various portions of the Work and such other information that the Owner may deem necessary in connection with tax matters, all in sufficient detail and in such a format as the Owner may reasonably request. Contractor will provide Owner on a monthly basis a report of Contractor's payments to Subcontractors for the purchase or lease of tangible personal property that will either be installed into or consumed during construction of the Xxxxx Complex or used by Owner in its operations. In each such report, Contractor shall designate the items that are taxable and those that are tax-exempt, and the amounts of purchase payments made in each category, applying in good faith the guidelines for such designation set forth in the Owner's direct pay permit number or sales and use tax exemption certificates. A direct pay certificate will be issued by Owner to Contractor in lieu of sales and use tax on the separately stated contract price for materials incorporated into the Work.
Sample 1
Separated Contract. 2.3.8.1 The parties intend that this Agreement shall be a "Separated Contract" as defined in Section 151.056 of the Texas Tax Code and the Rules promulgated by the Texas Comptroller of Public Accounts under that Section. 2.3.8.2 The agreed contract price of all materials incorporated into the Project Work shall be the price that the Contractor has paid or shall pay for the materials or the price that the Contractor has paid or shall pay to the Subcontractors for materials (provided such material prices are separately stated by the Subcontractors) plus the cost of transportation of, and insurance on, the materials and any other charges directly attributable to the incorporated materials. 2.3.8.3 The agreed contract price of any taxable labor and services included within the performance of the Project Work shall be the amount paid by the Contractor for the labor or services. 2.3.8.4 The Contractor shall issue to the Subcontractors a resale certificate with respect to the materials incorporated into the Project Work and the taxable services that are included in the Project Work and that the Contractor is deemed to resell to the Owner under the Texas Tax Code. 2.3.8.5 The Contractor shall not collect sales or use taxes from the Owner with respect to consumable items used in connection with, and not incorporated into, the Project Work, such as hand tools, fuel, supplies and other items consumed in the performance of the work and not incorporated into the Work. All sales or use taxes paid with respect to such consumable items shall be included in Cost of the Work. 2.3.8.6 Each Application for Payment shall separately state the agreed contract price for incorporated materials, for all skill and labor, for taxable services and for consumables included in the Project Work that is the subject of the Application for Payment (and any Change Orders or other Modifications), all in accordance with the requirements of the Texas Tax Code. 2.3.8.7 The Contractor represents and warrants that the Contractor holds a Texas sales tax permit. The Contractor shall continue to hold the permit at all relevant times during the performance of this Agreement and shall collect, report and remit applicable sales or use taxes arising from the Project Work as required by the Texas Tax Code. Paragraph
Sample 1

Related to Separated Contract

  • INTEGRATED CONTRACT This Agreement and the Exhibits hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.

  • Service Contract The Parties intend this Agreement to be a "service contract" within the meaning of Section 7701(e)(3) of the Internal Revenue Code of 1986.

  • User Generated Content 10.1 As a user to this website, You may be allowed to post any User Generated Content (“User Content”) and You agree, by submitting your contribution, you xxxxx XX Group a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media, now known or later developed, for the full terms of any rights that may exist in your contribution. 10.2 You also hereby grant other user of TM Website a non-exclusive license to access your User Content through the access and/or use of TM Website, and to use such User Content only as permitted through the functionality of TM Website. 10.3 You understand and agree that TM may retain and store, but not display, distribute, or perform, server copies of User Content that has been removed or deleted. The above licenses granted to TM, by You in User Content is irrevocable. 10.4 Further to the foregoing paragraph, by submitting your User Content to us, You warrant that:- (a) your User Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable TM to use of the User Content in the manner required by us and that you have the right to make it available to us for all the purposes specified above; (b) your User Content is not defamatory, threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or political grounds, impair your confidentiality obligations; (c) your User Content does not infringe the law; (d) You shall be solely responsible for your own User Content and the consequences of posting or publishing them; (e) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein; and/or (f) waive any moral rights in your User Content for the purposes of its submission to and publication in TM Website and the purposes specified above. 10.5 You understand that whether or not such User Content is posted, TM does not guarantee any confidentiality with respect to any User Content. TM does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing contents and User Content upon notification that such Content or User Content infringes on another’s Intellectual Property Rights. We further reserve the right to remove any Content or User Content without prior notice. 10.6 You understand and agree that we may review and delete any User Content that you posted at any time without notice, without liability and for any reason whatsoever, especially if you breach the terms and conditions herein. 10.7 We reserve the right to investigate and take appropriate legal action, in our sole discretion, against You for the User Content especially if it violates TM policy and report you to the Appropriate Authority.

  • Related Contracts (i) The Borrower hereby agrees that, to the extent not expressly prohibited by the terms of the Related Contracts, after the occurrence and during the continuance of an Event of Default, it shall (x) upon the written request of the Administrative Agent or the Collateral Agent, promptly forward to such Agent all information and notices which it receives under or in connection with the Related Contracts relating to the Collateral, subject to applicable confidentiality requirements, and (y) upon the written request of the Administrative Agent or the Collateral Agent, act and refrain from acting in respect of any request, act, decision or vote under or in connection with the Related Contracts relating to the Collateral only in accordance with the direction of such Agent; provided that if the Borrower receives conflicting requests pursuant to this subclause (y), it shall follow whichever request is evidenced to be derived from the direction of the Majority Lenders. (ii) The Borrower agrees that, to the extent the same shall be in the Borrower’s possession, it will hold all Related Contracts relating to the Collateral in trust for the Collateral Agent on behalf of the Secured Parties, and upon request of either Agent following the occurrence and during the continuance of an Event of Default or as otherwise provided herein, promptly deliver the same to the Collateral Agent or its designee.

  • OGS Centralized Contract Terms and Conditions have been renumbered as depicted in the following chart: Current Amended Section Title 4.25 4.26 Severability 4.26 4.27 Entire Agreement

  • USER GENERATED CONTRIBUTIONS The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. 9. Your Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation. Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

  • Interconnection Customer Compensation If the CAISO requests or directs the Interconnection Customer to provide a service pursuant to Articles 9.6.3 (Payment for Reactive Power) or 13.5.1 of this LGIA, the CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff.

  • Not Employment Contract The Employee acknowledges that this Agreement does not constitute a contract of employment, does not imply that the Company will continue his/her employment for any period of time and does not change the at-will nature of his/her employment.

  • OPTION NOT A SERVICE CONTRACT Your option is not an employment or service contract, and nothing in your option shall be deemed to create in any way whatsoever any obligation on your part to continue in the employ of the Company or an Affiliate, or of the Company or an Affiliate to continue your employment. In addition, nothing in your option shall obligate the Company or an Affiliate, their respective stockholders, Boards of Directors, Officers or Employees to continue any relationship that you might have as a Director or Consultant for the Company or an Affiliate.

  • AWARD NOT A SERVICE CONTRACT Your Award is not an employment or service contract, and nothing in your Award will be deemed to create in any way whatsoever any obligation on your part to continue in the service of the Company or an affiliate, or on the part of the Company or an affiliate to continue such service. In addition, nothing in your Award will obligate the Company or an affiliate, their respective shareholders, boards of directors or employees to continue any relationship that you might have as an employee of the Company or an affiliate.

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