Common use of Service Taxes Clause in Contracts

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. (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 FeesBase Charges, 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. (i) Subject to Sections S ections 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 S ection 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 S ection 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. (i) Subject to Sections 11.4(d)(ii) and (iii), Service Provider Successful Respondent 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 Successful Respondent 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 Successful Respondent using an Affiliate or Subcontractor to perform all or part of the Services), Service Provider Successful Respondent 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 six percent (16%) of the then-then- current Annual Fixed FeesBase Charges, 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 Successful Respondent agrees to assume financial responsibility for such new or higher Service Taxes exceeding the one six percent (16%) threshold). (iv) To the extent required under applicable Laws, Service Provider Successful Respondent 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 Successful Respondent is financially responsible under this provision.

Service Taxes. (i) Subject to Sections 11.4(d)(ii) and (iii), Service Provider Successful Respondent 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 Successful Respondent 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 Successful Respondent using an Affiliate or Subcontractor to perform all or part of the Services), Service Provider Successful Respondent 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 six percent (16%) of the then-current Annual Fixed FeesBase Charges, 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 Successful Respondent agrees to assume financial responsibility for such new or higher Service Taxes exceeding the one six percent (16%) threshold). (iv) To the extent required under applicable Laws, Service Provider Successful Respondent 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 Successful Respondent is financially responsible under this provision.

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 six percent (16%) of the then-current Annual Fixed FeesBase Charges, 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 six percent (16%) 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. (i) Subject to Sections 11.4(d)(ii9.2(d)(ii) and (iii), Service Provider Successful Respondent 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)(i9.2(d)(i), if Service Taxes imposed on the Services after the Effective Date (whether new or higher) are the result of Service Provider Successful Respondent 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 Successful Respondent using an Affiliate or Subcontractor to perform all or part of the Services), Service Provider Successful Respondent shall be financially responsible for such new or higher Service Taxes. (iii) Notwithstanding Section 11.4(d)(i9.2(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 six percent (16%) of the then-then- current Annual Fixed FeesBase Charges, 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 Successful Respondent agrees to assume financial responsibility for such new or higher Service Taxes exceeding the one six percent (16%) threshold). (iv) To the extent required under applicable Lawslaws, Service Provider Successful Respondent 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 Successful Respondent is financially responsible under this provision.

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 TxDOT 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 TaxesTaxes unless such move is made at TxDOT’s request. (iii) Notwithstanding Section 11.4(d)(i) and (ii), if DIR TxDOT 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 FeesCharges, DIR TxDOT 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 TxDOT for any such Service Taxes and then credit DIR TxDOT on such invoice (to the extent permitted by law) or reimburse or otherwise credit DIRTxDOT, for that portion of such Service Taxes for which Service Provider is financially responsible under this provision.