Common use of Tax gross-up Clause in Contracts

Tax gross-up. 1. Each Registered Participant must make all payments to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax as provided for in the VAT directive 2006/112/EC as amended from time to time and any other tax of a similar nature.

Appears in 29 contracts

Samples: Allocation Rules for Forward Capacity Allocation, Allocation Rules for Intraday Capacity Allocation, Allocation Rules for Forward Capacity Allocation

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Tax gross-up. 1. Each Registered Participant must make all payments to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax (as provided for in the VAT directive 2006/112/EC or, as it may be, any similar national legislation, as amended from time to time time) and any other tax of a similar nature.

Appears in 5 contracts

Samples: Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao, Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao, Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao

Tax gross-up. 1. Each Registered Participant must make settle all payments with respect to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Single Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Single Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Single Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Single Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax as provided for in the VAT directive 2006/112/EC as amended from time to time and any other tax of a similar nature.

Appears in 3 contracts

Samples: Harmonised Allocation Rules for Long Term Transmission Rights, Harmonised Allocation Rules for Long Term Transmission Rights, Harmonised Allocation Rules for Long Term Transmission Rights

Tax gross-up. 1. Each Registered Participant must make settle all payments with respect to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax as provided for in the VAT directive 2006/112/EC as amended from time to time and any other tax of a similar nature.

Appears in 3 contracts

Samples: Rules for Intraday Capacity Allocation, Rules for Forward Capacity Allocation, Eleclink Intraday Allocation Rules

Tax gross-up. 1. Each Registered Participant must make - settle all payments with respect to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax as provided for in the VAT directive 2006/112/EC as amended from time to time and any other tax of a similar nature.

Appears in 2 contracts

Samples: Capacity Allocation Rules, Capacity Allocation Rules

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Tax gross-up. 1. Each Registered Participant must make all payments to be made by it under the Shadow Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Shadow Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Shadow Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax as provided for in the VAT directive 2006/112/EC as amended from time to time and any other anyother tax of a similar nature.

Appears in 2 contracts

Samples: Shadow Allocation Rules, Shadow Allocation Rules

Tax gross-up. 1. Each Registered Participant must make settle all payments with respect to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax (as provided for in the VAT directive 2006/112/EC or, as it may be, any similar national legislation, as amended from time to time time) and any other tax of a similar nature.

Appears in 2 contracts

Samples: Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao, Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao

Tax gross-up. 1. Each Registered Participant must make settle all payments with respect to be made by it under the Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Allocation Rules under the laws of the jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax (as provided for in the VAT directive 2006/112/EC or, as it may be, any similar national legislation, as amended from time to time time) and any other tax of a similar nature.

Appears in 1 contract

Samples: Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao

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