Tax Clause. In the event the taxing authority or any court of any state in which LICENSEE has tax nexus, finds SESAC to be liable for the payment of any tax (other than state income tax), the following conditions shall apply:
A. LICENSEE shall pay, within thirty (30) days of demand by SESAC, the pro rata share of any such tax assessed against SESAC, provided however, that if SESAC, in its sole discretion, shall contest the assessment of such tax, then SESAC shall make no demand until after the termination of such contest;
B. If SESAC determines not to contest the assessment, then LICENSEE shall have the right to contest the assessment at its own expense, with reasonable cooperation from SESAC;
C. SESAC shall furnish to LICENSEE all documents regarding the assessment of any such tax that LICENSEE reasonably requests in writing, but only if such documents specifically and directly relate to LICENSEE’s proportion of such assessment, and no such document is or could be considered confidential or contains proprietary information of any other licensee of SESAC or specifically relates to any other licensee’s proportion of any assessment. SESAC shall also give LICENSEE the opportunity to consult with it with respect to such tax assessment; and
D. LICENSEE shall not be responsible for its share of any such tax if SESAC fails to demand payment therefor within two (2) years after assessment of such tax by the competent authority, or, if SESAC contests the assessment, within one (1) year after the termination of such contest.
Tax Clause. The executive organs of the company must respect the trading and tax law principles of orderly business management and shall maintain the care in business transactions that would be taken by an orderly and conscientious businessman. The management shall in particular not be authorized to grant advantages to the partners or persons and companies close to them beyond the profit distribution resolution duly adopted, neither to violate the prohibition of additional or retroactive payments, nor to breach other acknowledged tax law principles which, when disregarded, cause covert profit distribution. In case of non compliance, the amount of the imbalance shall be covered by the partner to whom the advantage was credited and the usual bank interests paid from the time the advantage was granted until the payment is settled. Transactions in breach of the above stipulations are void ab initio. Insofar as the tax administration or tax courts recognize the payment received as income received by the partner concerned despite the above tax clause, without considering the repayment as negative income, the partner will only have to repay the advantage remaining after deducting the additional income tax payable by him plus the usual bank interest.
Tax Clause. Buyer shall reimburse Seller for all taxes, other than taxes measured on Seller’s income, for production or transportation of any material sold hereunder.
Tax Clause. The Insured is obligated to pay any applicable taxes (which include but not limited to service tax and stamp duty) imposed by the Malaysian tax authorities in relation to this Policy.
Tax Clause. LESSEE shall pay, before delinquency, any and all ad valorem property taxes assessed against the Premises. In the event that tax bills or notices are mailed to LESSOR as record owner, LESSOR shall promptly transmit said bills or notices to LESSEE and no failure of payment by LESSEE shall be deemed a breach hereof unless and until said bills or notices have in fact been transmitted. Penalties or interest assessed by reason of LESSOR's failure or delay to transmit bills or notices shall be borne by LESSOR.
Tax Clause. The TENANT agrees to pay any and all ad valoreum taxes assessed or levied against or upon the premises which are in excess of the amount of such taxes imposed upon the premises for the year 2000, provided that the premises are fully improved and assessed for the entire year of 2000, whether the increase results from a higher tax rate or an increase in the assessed valuation of the premises or both. Such increase shall be deemed additional rent and shall be paid by the TENANT within thirty (30) days after the LANDLORD exhibits to the TENANT the tax xxxx evidencing such increase. It is understood and agreed that TENANT shall have the right, in its name or the name of LANDLORD, to protest or review by legal proceedings or in such other manner as it may deem suitable any tax or assessment with respect to the demised premises, provided any such protest or review shall be at the sole cost and expense of TENANT. LANDLORD will on request, furnish TENANT with the tax receipts, bills or other data which TENANT may deem necessary or property for the purpose of such protest or review and such authorization or authorizations as may be necessary therefore.
Tax Clause. In consideration of the terms under which this Agreement is issued, the Company undertakes not to claim any deduction of the premium hereon when making Canadian tax returns or when making tax returns other than Income or Profits Tax returns, to any State or Territory of the United States of America or to the District of Columbia.
Tax Clause. 8.1. Payments shall be made without any deductions. Taxes, levies, tariffs, dues and the like that arise from Business Resale shall solely be borne by the invoicing Party. Especially with respect to resale to third Partners pursuant to this agreement where value added tax, goods and services tax or any similar taxes apply, the invoicing Party will be solely responsible for the collection and remittance of any and all applicable value-added tax, or other consumption-based taxes under this Agreement.
Tax Clause. In consideration of the terms under which this Contract is issued, the Company undertakes not to claim any deduction in respect of the premium hereon when making tax returns, other than Income or Profits tax returns, to any State or to the District of Columbia.
Tax Clause. (a) At the request of the Purchaser, the Sellers shall indemnify the Company for all additional Tax payments having their origin before the day hereof. This shall apply particularly to additional Tax payments due to incidents which have subsequently become known, especially hidden profit distributions and due to tax-driven investments. Additional taxes resulting from purely timing differences below Euro 51,129.19 (DEM 100,000) per year shall not give a right to claim indemnification.
(b) Claims resulting from this provision shall be subject to a limitation period of six months following the knowledge of Purchaser of the existence of a final and non-appealable assessment for the taxes and periods concerned; this shall not apply for tax fraud and gross negligent tax fraud.
