Common use of TAX TREATMENT OF TAX AND INDEMNIFICATION PAYMENTS Clause in Contracts

TAX TREATMENT OF TAX AND INDEMNIFICATION PAYMENTS. The Parties agree that, in the absence of any change in law, any Tax or indemnification payments made under this Agreement or the Distribution Agreement (including payments made under Sections 2.04, 4.01, 4.02, 4.03, and 5.03) shall be reported for Tax purposes by the payor and the recipient as capital contributions or dividends, as appropriate, relating back to the period beginning before the Distribution Date. The Parties will file their respective Tax Returns on this basis, unless agreed otherwise in writing by the Indemnified Party and the Indemnifying Party.

TAX TREATMENT OF TAX AND INDEMNIFICATION PAYMENTS. The Parties agree that, in the absence of any change in law, any Tax or indemnification payments made under this Agreement or the Distribution Agreement (including payments made under Sections 2.04, 4.01, 4.02, 4.034,03, and 5.03) 5.03 shall be reported for Tax purposes by the payor and the recipient as capital contributions or dividends, as appropriate, relating back to the period beginning before the Distribution Date. The Parties will file their respective Tax Returns on this basis, unless agreed otherwise in writing by the Indemnified Party and the Indemnifying Party.