Common use of Taxation of Indemnity Payments Clause in Contracts

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor for the cost incurred by it to a third party (including any taxation authority) Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied leave Lessor with the same amount as it would have been entitled to receive in the absence of that liability together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment); and (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor but paid by Lessee to any person other than Lessor are treated as taxable in the hands of Lessor, Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied indemnify Lessor to the same extent as it would have been indemnified in the absence of such liability together with interest on the amount payable by Lessee under this sub-clause at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liable

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor any Tax Indemnitee by Lessee under this Agreement the Operative Documents by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor such Tax Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor such Tax Indemnitee for the cost incurred by it to a third party (including any taxation authority) ), Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, leave Lessor such Tax Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Overdue Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee Xxxxxx (both before and after judgment); and. (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor any Tax Indemnitee but paid by Lessee to any person Person other than Lessor such Tax Indemnitee are treated as taxable in the hands of Lessorsuch Tax Indemnitee, then Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify Lessor such Tax Indemnitee to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee under this sub-clause Section 5.11(b) at the rate of interest stated in Clause 5.11 Overdue Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee Xxxxxx (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor for the cost incurred by it to a third party (other than Lessor Taxes) (including any taxation authority) ), Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied leave Lessor with the same amount as it would have been entitled to receive in the absence of that liability together with interest on the amount of the deficit at the rate of interest stated in Clause Section 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment); and (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor but paid by Lessee to any person other than Lessor are treated as taxable in the hands of LessorLessor (other than Lessor Taxes), Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied indemnify Lessor to the same extent as it would have been indemnified in the absence of such liability together with interest on the amount payable by Lessee under this sub-clause subsection at the rate of interest stated in Clause Section 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liableliable for any Lessor Taxes incurred as a result of the payment of the Agreed Value pursuant to Section 11.

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor for the cost incurred by it to a third party (including any taxation authority) Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied leave Lessor with the same amount as it would have been entitled to receive in the absence of that liability together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment); and (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor but paid by Lessee to any person other than Lessor are treated as taxable in the hands of Lessor, Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied indemnify Lessor to the same extent as it would have been indemnified in the absence of such liability together with interest on the amount payable by Lessee under this sub-clause at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liable

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor any Tax Indemnitee by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Non-Indemnified Taxes) payable in respect of those sums, for Lessor such Tax Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor such Tax Indemnitee for the cost incurred by it to a third party (including any taxation authority) ), Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, leave Lessor such Tax Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment); and. (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor any Tax Indemnitee but paid by the Lessee to any person Person other than Lessor such Tax Indemnitee are treated as taxable in the hands of Lessorsuch Tax Indemnitee (other than as a result of Non-Indemnified Taxes), then Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify Lessor such Tax Indemnitee to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee under this sub-clause Clause 5.10(b) at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) 5.9.1 If and to the extent that any sums payable to Lessor an Indemnitee by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor such Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor such Indemnitee for the cost incurred by it to a third party (including any taxation authority) ), Lessee will pay to Lessor such Indemnitee such sum as will after the tax Tax liability has been fully satisfied leave Lessor such Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 5.10 (both before and after judgment) in respect of the period commencing on the date on which the payment of taxation the Tax is finally due until payment by Lessee (both before and after judgment); andLessee. (b) 5.9.2 If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor an Indemnitee but paid by Lessee to any person other than Lessor such Indemnitee are treated as taxable in the hands of Lessorsuch Indemnitee, Lessee will pay to Lessor such Indemnitee, within 5 Business Days of a written demand accompanied by reasonable evidence of liability, such sum as will after the tax liability has been fully satisfied indemnify Lessor such Indemnitee to the same extent as it would have been indemnified in the absence of such liability together with interest on the amount payable by Lessee under this sub-clause at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liableliability.

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to the Lessor or the Lender by the Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for the Lessor or the Lender to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse the Lessor or the Lender for the cost incurred by it to a third party (including any taxation authority) the Lessee will pay to the Lessor or the Lender (as the case may be) such sum as will will, after the tax liability has been fully satisfied satisfied, leave the Lessor or the Lender (as the case may be) with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment); and. (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to the Lessor or the Lender but paid by the Lessee to any person other than the Lessor or the Lender are treated as taxable in the hands of Lessorthe Lessor or the Lender, the Lessee will pay to the Lessor or the Lender such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify the Lessor or the Lender to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee lessee under this sub-clause at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of to those sums, for Lessor, except with respect to Lessor Taxes, to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor for the cost incurred by it to a third party (including any taxation authority) Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied leave Lessor with the same amount as it would have been entitled to receive in the absence of that liability together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment); and; (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor but paid by Lessee to any person other than Lessor are treated as taxable in the hands of Lessor, Lessee will pay to Lessor such sum as will after the tax liability (except tax liability for Lessor Taxes) has been fully satisfied indemnify Lessor to the same extent as it would have been indemnified in the absence of such liability together with interest on the amount payable by Lessee under this sub-clause at the rate of interest stated in Clause 5.11 in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor any Tax Indemnitee by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor such Tax Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor such Tax Indemnitee for the cost incurred by it to a third party (including any taxation authority) ), Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, leave Lessor such Tax Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment); and. (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor any Tax Indemnitee but paid by Lessee to any person Person other than Lessor such Tax Indemnitee are treated as taxable in the hands of Lessorsuch Tax Indemnitee, then Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify Lessor such Tax Indemnitee to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee under this sub-clause Section 5.11(b) at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor or Beneficiary to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor or Beneficiary for the cost incurred by it to a third party (including any taxation authority) Lessee will pay to Lessor or Beneficiary such sum as will after the tax liability has been fully satisfied leave Lessor or Beneficiary with the same amount as it would have been entitled to receive in the absence of that liability together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Section 5.10 in respect of the period commencing on the later of the date on which the payment of taxation is finally due and the date on which Lessee is notified or has knowledge of such tax liability until payment by Lessee (both before and after judgment); and (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor but paid by Lessee to any person other than Lessor or Beneficiary are treated as taxable in the hands of LessorLessor or Beneficiary, Lessee will pay to Lessor or Beneficiary such sum as will after the tax liability has been fully satisfied indemnify Lessor or Beneficiary to the same extent as it would have been indemnified in the absence of such liability together with interest on the amount payable by Lessee under this sub-clause at the rate of interest stated in Clause 5.11 Section 5.10 in respect of the period commencing on the later of the date on which the payment of taxation is finally due and the date on which Lessee is notified or has knowledge of such tax liability until payment by Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor by Lessee under this Agreement by way of indemnity pursuant to Section 5.7 or Section 10.1 are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor for the cost incurred by it to a third party (other than Lessor Taxes) (including any taxation authority) ), Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied leave Lessor with the same amount as it would have been entitled to receive in the absence of that liability together with interest on (taking into account the amount anticipated realization by Lessor of tax benefits resulting from the Taxes or transaction to which such indemnity is related, and the present value of any anticipated future tax benefits to be realized by Lessor as a result of deducting or crediting such Tax or as a result of the deficit at the rate of interest stated matters immediately giving rise thereto, based on tax rates in Clause 5.11 in respect of the period commencing effect on the date on which the payment pursuant to this Section 5.9 is made and a discount rate for purposes of taxation is finally due until payment by Lessee (both before and after judgmentcalculations of present value of 8% per annum compounded semiannually); and (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor pursuant to Section 5.7 or Section 10.1 but paid by Lessee to any person other than Lessor are treated as taxable in the hands of LessorLessor (other than Lessor Taxes), Lessee will pay to Lessor such sum as will after the tax liability has been fully satisfied indemnify Lessor to the same extent as it would have been indemnified in the absence of such liability together with interest on (taking into account the amount payable anticipated realization by Lessee under this sub-clause at Lessor of tax benefits resulting from the rate Taxes or transaction to which such indemnity is related, and the present value of interest stated in Clause 5.11 in respect any anticipated future tax benefits to be realized by Lessor as a result of deducting or crediting such Tax or as a result of the period commencing matters immediately giving rise thereto, based on tax rates in effect on the date on which the payment pursuant to this Section 5.9 is made and a discount rate for purposes of taxation is finally due until payment by Lessee (both before and after judgment) provided however that Lessee will not be liablecalculations of present value of 8% per annum compounded semiannually)

Taxation of Indemnity Payments. (a) If and to the extent that any sums payable to Lessor an Indemnitee by the Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor the Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor the Indemnitee for the cost incurred by it to a third party (including any taxation authority), in each case after taking into account any Tax benefits actually realized by the Indemnitee (whether in the form of credits, deductions or otherwise) as a result of the matter indemnified against, the Lessee will pay to Lessor the Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, leave Lessor the Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due (or, if later, the date the Lessee receives notice from the Indemnitee of the amount of such deficit) until payment by Lessee (both before and after judgment); andthe Lessee. (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor an Indemnitee but paid by the Lessee to any person other than Lessor the Indemnitee are treated as taxable in the hands of Lessorthe Indemnitee, the Lessee will pay to Lessor the Indemnitee such sum as will will, after the tax liability (computed by taking into account any Tax benefits actually realised by the Indemnitee (whether in the form of credits, deductions or otherwise) as a result of the payment to such other person) has been fully satisfied satisfied, indemnify Lessor the Indemnitee to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by the Lessee under this sub-clause at the rate of interest stated in Clause 5.11 (b) at: (i) LIBOR in respect of the period commencing on the date on which the payment of taxation is finally due through and including the date which is five (5) days after demand for such payment by the Indemnitee and (ii) the Default Rate thereafter until payment by Lessee (both before and after judgment) provided however that Lessee will not be liablethe Lessee.

Taxation of Indemnity Payments. 25- (a) If and to the extent that any sums payable to the Lessor or the Lender by the Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for the Lessor or the Lender to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse the Lessor or the Lender for the cost incurred by it to a third party (including any taxation authority) the Lessee will pay to the Lessor or the Lender (as the case may be) such sum as will will, after the tax liability has been fully satisfied satisfied, leave the Lessor or the Lender (as the case may be) with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment); and. (b) If and to the extent that any sums constituting (directly or indirectly) an indemnity to the Lessor or the Lender but paid by the Lessee to any person other than the Lessor or the Lender are treated as taxable in the hands of Lessorthe Lessor or the Lender, the Lessee will pay to the Lessor or the Lender such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify the Lessor or the Lender to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee lessee under this sub-clause at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) a If and to the extent that any sums payable to Lessor any Tax Indemnitee by Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Non-Indemnified Taxes) payable in respect of those sums, for Lessor such Tax Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor such Tax Indemnitee for the cost incurred by it to a third party (including any taxation authority) ), Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, leave Lessor such Tax Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment); and. (b) b If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor any Tax Indemnitee but paid by the Lessee to any person Person other than Lessor such Tax Indemnitee are treated as taxable in the hands of Lessorsuch Tax Indemnitee (other than as a result of Non-Indemnified Taxes), then Lessee will pay to Lessor such Tax Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify Lessor such Tax Indemnitee to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee under this sub-clause Clause 5.10(b) at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due until payment by the Lessee (both before and after judgment) provided however that Lessee will not be liable).

Taxation of Indemnity Payments. (a) 5.7.1 If and to the extent that any sums payable to Lessor any Indemnitee by the Lessee under this Agreement by way of indemnity are insufficient, by reason of any Taxes (other than Lessor Taxes) payable in respect of those sums, for Lessor such Indemnitee to discharge the corresponding liability to the relevant third party (including any taxation authority), or to reimburse Lessor such Indemnitee for the cost incurred by it to a third party (including any taxation authority) the Lessee will will, upon the written request for payment of such amount, pay to Lessor such Indemnitee such sum as will will, after the tax liability has been fully satisfied satisfied, leave Lessor such Indemnitee with the same amount as it would have been entitled to receive in the absence of that liability liability, together with interest on the amount of the deficit at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due or, if later, five (5) Business Days after the date on which such Indemnitee notified the Lessee in writing of the deficit and made payment therefore, until payment by the Lessee (both before and after judgment); and. (b) 5.7.2 If and to the extent that any sums constituting (directly or indirectly) an indemnity to Lessor an Indemnitee but paid by the Lessee to any person Person other than Lessor the Indemnitee are treated as taxable in the hands of Lessorthe Indemnitee, the Lessee will pay to Lessor such Indemnitee, such sum as will will, after the tax liability has been fully satisfied satisfied, indemnify Lessor such Indemnitee, to the same extent as it would have been indemnified in the absence of such liability liability, together with interest on the amount payable by Lessee under this sub-clause at the rate of interest stated in Clause 5.11 Default Rate in respect of the period commencing on the date on which the payment of taxation is finally due or until payment by the Lessee (both before and after judgment) provided however that Lessee will not be liable).