Service Taxes. (i) Subject to Sections 11.4(d)(ii) and (iii), Service Provider shall be financially responsible for all Service Taxes; provided that DIR shall be responsible for any such tax imposed on the Services after the Effective Date.
(ii) Notwithstanding Section 11.4(d)(i), if Service Taxes imposed on the Services after the Effective Date (whether new or higher) are the result of Service Provider moving all or part of its operations to a different jurisdiction (e.g., relocating the performance of the Services to a new service location or Service Provider using an Affiliate or Subcontractor to perform all or part of the Services), Service Provider shall be financially responsible for such new or higher Service Taxes.
(iii) Notwithstanding Section 11.4(d)(i) and (ii), if DIR shall become responsible for Service Taxes after the Effective Date (whether new or higher), the Parties shall identify and diligently seek to agree upon legally permissible means of minimizing such new or higher Service Taxes. If the financial impact of all such new or higher Service Taxes exceeds one percent (1%) of the then-current Annual Fixed Fees, DIR may elect to terminate this Agreement in its entirety or to terminate any portions impacted by such new or higher Service Taxes (unless Service Provider agrees to assume financial responsibility for such new or higher Service Taxes exceeding the one percent (1%) threshold).
(iv) To the extent required under applicable Laws, Service Provider shall invoice DIR for any such Service Taxes and then credit DIR on such invoice (to the extent permitted by law) or reimburse or otherwise credit DIR, for that portion of such Service Taxes for which Service Provider is financially responsible under this provision.
Service Taxes. Subject to Section J.3 below, Shipper shall be responsible and liable for the payment of all taxes, fees and other charges (including penalties and interest thereon) now or hereafter levied or assessed by any municipal, county, state, federal or tribal government relating to Shipper’s Gas or LMM’s Gathering and/or processing services under this Agreement. If LMM is required to pay any such taxes, fees or other charges (or penalties or interest thereon), Shipper shall immediately reimburse LMM therefor.
Service Taxes. Each Party in its capacity as Service Recipient shall pay or cause to be paid all sales, service, valued added, use, excise, occupation, and other similar taxes and duties (together in each case with all interest, penalties, fines and additions thereto) that are assessed against the Parties on the provision of Services as a whole, or any particular Service (including with respect to amounts paid by the Service Provider to third parties), including Additional Services, received by the Service Recipient or any of its Subsidiaries from any Service Provider or any of its Subsidiaries pursuant to the terms of this Agreement (collectively, “Service Taxes”). If required under applicable law (or, in the case of Service Taxes relating to amounts paid by the Service Provider to third parties), the Service Provider shall invoice the Service Recipient to such Services Agreement for the full amount of all Service Taxes, and such Service Recipient shall pay, in addition to the other amounts required to be paid pursuant to the terms of this Agreement, such Service Taxes to such Service Provider.
Service Taxes. Without limiting Section 7.1 above, the Operating Company, on behalf of the Partnership Group and Holdings, on behalf of itself, shall pay or reimburse the applicable member of the Service Provider Group for all sales taxes, use taxes, value added taxes, withholding taxes or other similar taxes, customs duties or other governmental charges (“Service Taxes”) that are levied or imposed by any Governmental Entity by reason of this Agreement or any other agreement contemplated by this Agreement, or the fees or other amounts payable hereunder or thereunder, except for any income taxes, corporate taxes, capital gains taxes or other similar taxes payable by any member of the Service Provider Group that are personal to such member of the Service Provider Group. Any failure by the Service Provider Group to collect monies on account of these Service Taxes shall not constitute a waiver of the right to do so.
Service Taxes. Contractor shall be financially responsible for all Service Taxes. As a result of OCA’s exempt status, Contractor shall not charge OCA sales tax on the Services.
Service Taxes. Xxxxxx Express shall pay or cause to be paid all sales, service, valued added, use, excise, occupation, and other similar taxes and duties (together in each case with all interest, penalties, fines and additions thereto) that are assessed against either party on the provision of Services as a whole, or any particular Service (including with respect to amounts paid by Cendant to third parties), including Additional Services, received by Xxxxxx Express or any of its Subsidiaries from Cendant or any of its Affiliates pursuant to the terms of this Agreement (collectively, “Service Taxes”). If required under applicable law (or, in the case of Service Taxes relating to amounts paid by Cendant to third parties), Cendant shall invoice Xxxxxx Express for the full amount of all Service Taxes, and Xxxxxx Express shall pay, in addition to the other amounts required to be paid pursuant to the terms of this Agreement, such Service Taxes to Cendant.
Service Taxes. (a) Except as set forth in Sections 26.5B(2)(b) and 26.5B(2)(d) below, Gap shall be responsible for the payment of all Service Taxes and new Service Taxes. In the event there is a new Service Tax that is not clearly allocated to Gap or Supplier under this Section 26.5B(2), Gap and Supplier shall work together, in good faith, to reach agreement regarding the responsibility for such new Service Tax.. If Gap and Supplier are unable to reach agreement with respect to such new Service Tax, Supplier shall be responsible for and pay the amount of such tax. Supplier shall correctly invoice all applicable taxes at the time of purchase and if necessary, shall reissue any invoice, along with the appropriate tax, if it is determined, subsequent to the actual purchase date, that tax should have applied. Except as provided in Section 26.5B(2)(c)(vi), Supplier shall not provide tax-only invoices.
(b) Supplier shall be responsible for any Service Taxes and new Service Taxes on (i) Equipment or Software, or (ii) real property and/or other tangible or intangible property, in each case as to (i) and (ii), (a) it owns (or leases or rents from a third party) or (b) for which it is financially responsible under the Financial Responsibility Matrix attached as Exhibit C.7 (Financial Responsibility Matrix).
(c) Prior to agreeing to any Service Tax assessment, Supplier shall work with the Gap Tax Department in order to ensure that the proposed tax assessment is fairly and accurately determined. Supplier shall also ensure that all taxable and nontaxable components are separately stated at the time of purchase, with an adequate description for tax purposes as to the taxable nature of the items purchased. In the event that a Service Tax is assessed on the receipt of any of the Services, the Parties shall work together to segregate the payments under this Agreement into five (5) payment streams on the invoice:
i) those for taxable Services;
ii) those for other nontaxable Services;
iii) those for exempt Services;
iv) in respect of goods, Services, or supplies where Service Tax has already been paid by Gap or Supplier;
v) those for which Supplier functions merely as a payment agent for Gap in receiving goods, supplies, or services (including leasing and licensing arrangements); or
vi) To the extent that the number of taxable transactions subject to a Service Tax assessment exceeds three transactions, Supplier will provide Gap with a detailed electronic summary of any related tax-only inv...
Service Taxes. You shall (in addition to the remuneration contemplated herein) pay any service, goods and services tax, value added tax, harmonised services tax, sales or analogous tax or duty which we or any third party are obligated by applicable law to charge (“Service Taxes”). All sums payable under this Agreement (“the Sums”) are exclusive of Service Taxes or any other applicable tax or duty payable upon such Sums, which shall be calculated and added to the Sums (if applicable) at the rate prevailing at the relevant tax point. Any Service Taxes payable shall be payable by you. For the avoidance of doubt, this provision shall apply also to any Services Taxes assessed as due retrospectively. We will not be responsible or liable for any VAT or other Service Taxes that may be due on the premium amount payable by you. We do not provide tax, legal or accounting advice, and therefore you should consult your own tax, legal and accounting advisors in relation to the VAT that you may be liable to pay in connection with your reinsurance cover. To the extent it is relevant we will provide you with (or seek to procure from the relevant third party) the necessary evidence or documentation to support the levy of any such applicable Service Taxes We or other Xxxxxx Xxxxxx Xxxxxx Companies have contracts with various reinsurers under which we provide certain services, such as those under binding authorities, lineslip and similar arrangements (for example, providing statements of the business accepted and the issuance of certificates of reinsurance cover). We may also provide reinsurance broking services for reinsurers. Where authorised we may also enter into service agreements with certain reinsurers in order to assist the development of reinsurance products for our clients. Under these arrangements we may be paid by the reinsurers for the services we provide to them in addition to any fees or commissions we may receive from you for placing your reinsurance cover.
Service Taxes. All payments due to the Service Provider under this Agreement shall be exclusive of any sales, use, value added, transfer, service, service use or other similar or analogous Tax (“Service Taxes”). Bioverativ will pay, and hold Service Provider harmless against, any Service Taxes applicable to the provision of the Services. Each Party agrees to provide to the other Party such information and data as reasonably requested from time to time, and to fully cooperate with the other Party, in connection with (a) the reporting of any Service Taxes payable pursuant to this Agreement, (b) any audit relating to any such Service Taxes, or (c) any assessment, refund, claim or proceeding relating to any such Service Taxes. To the extent any such reporting, audit, assessment, refund, claim, or proceeding is in relation to Service Taxes owed or claimed to be owed by Service Provider or any of its Affiliates by a Governmental Entity, Biogen shall direct and control such reporting, audit, assessment, refund, claim, or proceeding.
Service Taxes. Any sales tax, value-added tax, goods and services tax or similar tax (“Service Taxes”) (but excluding any Service Tax based upon the net income of the Shareholder, which shall be for the account of the Shareholder) shall be separately stated on the relevant invoice and shall be paid by the Company to the Shareholder in accordance with Exhibit B; provided, that the Shareholder shall cooperate with the Company to mitigate any such Service Taxes. The Shareholder shall be responsible for remitting any such Service Taxes to the appropriate taxing authority.
