Common use of Tax Accounting Clause in Contracts

Tax Accounting. A. Subject to Sections 3.14B, 3.14C, and 4.5A, within a reasonable period of time following a request thereof by Owner, Contractor shall provide Owner’s tax consultant with any information (including Books and Records) regarding quantities and descriptions of any Equipment installed on or ordered for the Project and any other information as Owner’s tax consultant may deem reasonably necessary in connection with the preparation of Owner’s tax returns (including information reasonably required to determine the amount of Qualified Research Expenditures incurred in connection with the Work) or other tax documentation in connection with the Project; provided, however, if, in connection with such preparation, Owner’s tax consultant requests information relating to the actual cost for any item of Work and such item of Work is included in the Contract Price or in any fixed price Change Order, Contractor shall provide such information to Owner’s tax consultant. The Parties agree that such tax consultant shall not disclose to Owner the actual cost incurred by Contractor or its Subcontractors or Sub-subcontractors for any item of Work (including Equipment) included in the Contract Price. No access to the aforementioned information (including Book and Records) shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Owner shall bear the cost of its own tax consultants in connection with any audits pursuant to Section 3.14. B. With respect to Equipment that (i) Owner has title to, and (ii) is not located at the Site or in the Off-Site Rights of Way and Easements, Contractor shall establish a system for reporting the locations of such Equipment on the Day in which the applicable Governmental Instrumentality assesses property tax on such Equipment, and shall notify Owner of the location of each such Equipment within thirty (30) Days after such applicable property tax Day. C. Contractor acknowledges that Owner is pursuing ad valorem tax exemptions through the Texas Commission on Environmental Quality, and upon request by Owner, Contractor shall provide to Owner and Owner’s tax consultant access to documentation required or requested by the Texas Commission on Environmental Quality or any other Governmental Instrumentality in order for Owner to perfect such exemption related to the Aggregate Equipment Price for the Equipment included in an Owner provided list. No access to the aforementioned information shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Documentation shall reasonably consist of Equipment name or Equipment reference number, a description of the Equipment, and the sale price of the Equipment included in an Owner provided list necessary to support the exemption of such Equipment. If reasonably requested by Owner, Contractor agrees to offer similar assistance to Owner toward any other federal, state or local program that is enacted and would allow for a reduction, rebate, abatement, or exemption of (i) Taxes, (ii) Texas Sales and Use Tax, or (iii) a grant of economic development incentives.

Tax Accounting. A. Subject to Sections 3.14B, 3.14C, 3.14B and 4.5A, within a reasonable period of time following a request thereof by Owner, Contractor shall provide Owner’s tax consultant with any information (including Books and Records) regarding quantities and descriptions of any Equipment installed on or ordered for the Project and any other information as Owner’s tax consultant may deem reasonably necessary in connection with the preparation of Owner’s tax returns (including information reasonably required to determine the amount of Qualified Research Expenditures incurred in connection with the Work) or other tax documentation in connection with the Project; provided, however, if, in connection with such preparation, Owner’s tax consultant requests information relating to the actual cost for any item of Work and such item of Work is included in the Contract Price or in any fixed price Change Order, Contractor shall provide such information to Owner’s tax consultant. The Parties agree that such tax consultant shall not disclose to Owner the actual cost incurred by Contractor or its Subcontractors or Sub-subcontractors for any item of Work (including Equipment) included in the Contract Price. No access to the aforementioned information (including Book and Records) shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Owner shall bear the cost of its own tax consultants in connection with any audits pursuant to Section 3.14. B. With respect to Equipment that (i) Owner has title to, and (ii) is not located at the Site or in the Off-Site Rights of Way and Easements, Contractor shall establish a system for reporting the locations of such Equipment on the Day in which the applicable Governmental Instrumentality assesses property tax on such Equipment, and shall notify Owner of the location of each such Equipment within thirty (30) Days after such applicable property tax Day. C. Contractor acknowledges that Owner is pursuing ad valorem tax exemptions through the Texas Commission on Environmental Quality, and upon request by Owner, Contractor shall provide to Owner and Owner’s tax consultant access to documentation required or requested by the Texas Commission on Environmental Quality or any other Governmental Instrumentality in order for Owner to perfect such exemption related to the Aggregate Equipment Price for the Equipment included in an Owner provided list. No access to the aforementioned information shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Documentation shall reasonably consist of Equipment name or Equipment reference number, a description of the Equipment, and the sale price of the Equipment included in an Owner provided list necessary to support the exemption of such Equipment. If reasonably requested by Owner, Contractor agrees to offer similar assistance to Owner toward any other federal, state or local program that is enacted and would allow for a reduction, rebate, abatement, or exemption of (i) Taxes, (ii) Texas Sales and Use Tax, or (iii) a grant of economic development incentives.

Tax Accounting. A. Subject to Sections 3.14B, 3.14C, 3.14B and 4.5A, within a reasonable period of time following a request thereof by Owner, Contractor shall provide Owner’s tax consultant with any information (including Books and Records) regarding quantities and descriptions of any Equipment installed on or ordered for the Project and any other information as Owner’s tax consultant may deem reasonably necessary in connection with the preparation of Owner’s tax returns (including information reasonably required to determine the amount of Qualified Research Expenditures incurred in connection with the Work) or other tax documentation in connection with the Project; provided, however, if, in connection with such preparation, Owner’s tax consultant requests information relating to the actual cost for any item of Work and such item of Work is included in the Contract Price or in any fixed price Change Order, Contractor shall provide such information to Owner’s tax consultant. The Parties agree that such tax consultant shall not disclose to Owner the actual cost incurred by Contractor or its Subcontractors or Sub-subcontractors for any item of Work (including Equipment) included in the Contract Price. No access to the aforementioned information (including Book Books and Records) shall be granted to Ownerowner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Owner shall bear the cost of its own tax consultants in connection with any audits pursuant to Section 3.14. B. With respect to Equipment that (i) Owner has title to, and (ii) is not located at the Site or in the Off-Site Rights of Way and Easements, Contractor shall establish a system for reporting the locations of such Equipment on the Day in which the applicable Governmental Instrumentality assesses property tax on such Equipment, and shall notify Owner of the location of each such Equipment within thirty (30) Days after such applicable property tax Day. C. Contractor acknowledges that Owner is pursuing ad valorem tax exemptions through the Texas Commission on Environmental Quality, and upon request by Owner, Contractor shall provide to Owner and Owner’s tax consultant access to documentation required or requested by the Texas Commission on Environmental Quality or any other Governmental Instrumentality in order for Owner to perfect such exemption related to the Aggregate Equipment Price for the Equipment included in an Owner provided list. No access to the aforementioned information shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Documentation shall reasonably consist of Equipment name or Equipment reference number, a description of the Equipment, and the sale price of the Equipment included in an Owner provided list necessary to support the exemption of such Equipment. If reasonably requested by Owner, Contractor agrees to offer similar assistance to Owner toward any other federal, state or local program that is enacted and would allow for a reduction, rebate, abatement, or exemption of (i) Taxes, (ii) Texas Sales and Use Tax, or (iii) a grant of economic development incentives.

Tax Accounting. 42 A. Subject to Sections 3.14B, 3.14C, and 4.5A, within Within a reasonable period of time (not to exceed thirty (30) Days) following a Contractor’s receipt of Owner’s written request thereof by Ownertherefor, Contractor shall provide Owner’s tax consultant with any information (regarding quantities, descriptions and sales prices or any other information, including Books and Records) regarding quantities and descriptions of any Equipment installed on or ordered for the Project and any other information , as Owner’s tax consultant may deem reasonably deemed necessary by Owner in connection with the preparation of Owner’s its tax returns (including information reasonably required to determine the amount of Qualified Research Expenditures incurred in connection with the Work) or other tax documentation in connection with the Project; provided, however, if, in connection with such preparation, Owner’s tax consultant requests information relating to the actual cost for any item of Work and such item of Work is included in the Contract Price or in any fixed price Change Order, Contractor shall provide such information to Owner’s tax consultant. The Parties agree that such tax consultant shall not disclose to Owner the actual cost incurred by Contractor or its Subcontractors or Sub-subcontractors for any item of Work (including Equipment) included listed in the Contract PriceAttachment CC. No access to the aforementioned information (including Book Books and Records) shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits of this kind. Owner shall bear the cost of its own tax consultants in connection with any audits pursuant to this Section 3.14. B. With respect to Equipment that (i) Owner has title to, and (ii) is not located at the Site or in the Off-Site Rights of Way and Easements, Contractor shall establish a system for reporting the locations of such Equipment on the Day in which the applicable Governmental Instrumentality assesses property tax on such Equipment, and shall notify Owner of the location of each such Equipment within thirty (30) Days after such applicable property tax Day. C. Contractor acknowledges that Owner is pursuing ad valorem tax exemptions abatement through the Texas Commission on Environmental Quality, and upon request by Ownerrequest, Contractor shall provide to Owner and Owner’s tax consultant access to documentation required or requested by the Texas Commission on Environmental Quality or any other Governmental Instrumentality in order for Owner to perfect such exemption abatement related to the Aggregate sales price of Equipment, including Equipment Price for the Equipment included in an Owner provided list. No access to the aforementioned information shall be granted to Owner’s tax consultant until such tax consultant has signed a confidentiality agreement with Contractor in accordance with the standard practice in the auditing industry for audits sales price, price of this kindfabrication and design specifications and installation labor sales price, which is inclusive of overhead and all other indirect costs. Documentation shall reasonably consist of Equipment asset name or Equipment reference number, a description of the Equipmentasset, amount charged by Contractor to Owner and the sale price of the Equipment included in an Owner provided list necessary to support the exemption of other such Equipmentdocumentation as may be reasonably required. If reasonably requested by Owner, Contractor agrees to offer similar assistance to Owner toward any other federal, state or local program that is enacted and would allow for a reduction, rebate, abatement, abatement or exemption of (i) Taxes, Taxes or (ii) Texas Sales and Use Tax, or (iii) a grant of economic development incentivesTax on Equipment listed in Attachment CC.