Common use of Taxes and Government Charges Clause in Contracts

Taxes and Government Charges. Any and all payments by or on account of any obligation of Reseller hereunder shall be made free and clear of and without deduction for any taxes, levies, imposts, duties, deductions, charges or withholdings imposed by any governmental authority (“Taxes”); provided, however, that if Reseller shall be required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that after making all required deductions or withholdings (including deductions applicable to additional sums payable under this Section 4.4) NetSuite receives an amount equal to the sum it would have received had no such deductions been made. Reseller shall deliver to NetSuite the original or a certified copy of a receipt issued by such governmental authority evidencing payment of any such Taxes. If NetSuite is entitled to an exemption from or reduction of withholding tax under an applicable income tax treaty with respect to payments under this Agreement, then NetSuite, upon the written request of Reseller, shall deliver to Reseller such properly completed and executed documentation prescribed by applicable law or reasonably requested by Reseller as will permit such payments to be made without withholding or at a reduced rate.

Appears in 2 contracts

Samples: Preferred Reseller Agreement, Preferred Reseller Agreement (Netsuite Inc)

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Taxes and Government Charges. Any and all payments by or on account of any obligation of Reseller NetSuite KK hereunder shall be made free and clear of and without deduction for any taxes, levies, imposts, duties, deductions, charges or withholdings imposed by any governmental authority (“Taxes”); provided, however, that if Reseller NetSuite KK shall be required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that after making all required deductions or withholdings (including deductions applicable to additional sums payable under this Section 4.46.9) NetSuite receives an amount equal to the sum it would have received had no such deductions been made. Reseller NetSuite KK shall deliver to NetSuite the original or a certified copy of a receipt issued by such governmental authority evidencing payment of any such Taxes. If NetSuite is entitled to an exemption from or reduction of withholding tax under an applicable income tax treaty with respect to payments under this Agreement, then NetSuite, upon the written request of ResellerNetSuite KK, shall deliver to Reseller NetSuite KK such properly completed and executed documentation prescribed by applicable law or reasonably requested by Reseller NetSuite KK as will permit such payments to be made without withholding or at a reduced rate.

Appears in 2 contracts

Samples: Distribution Agreement, Distribution Agreement (Netsuite Inc)

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