Common use of Taxes and Indemnity Clause in Contracts

Taxes and Indemnity. (a) The Lender and the Custodian are not liable for any Taxes or other charges: (i) payable by the Investor in connection with this Loan Agreement; or (ii) payable by the Lender or the Custodian or any other person arising in any way in connection with the Transaction Documents (other than any Tax payable by the Issuer on its own taxable income (as defined under in the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth)) or any Tax payable by the Custodian on any fees payable to it under the Custody Deed); and are not liable to pay the Investor any additional amount on account of any Taxes or other charges. (b) The Investor: (i) must pay all Taxes (including GST) and other charges for which the Investor becomes liable in connection with this Loan Agreement; or (ii) must pay an additional amount to the Lender and the Custodian on demand equal to any applicable Taxes (including GST) and other charges arising in any way in connection with the Transaction Documents (other than any Tax payable by the Issuer on its own taxable income (as defined under in the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth)) or any Tax payable by the Custodian on any fees payable to it under the Custody Deed) for which the Lender or the Custodian or any other person becomes liable and indemnifies the Issuer and the Custodian on demand for any such amounts; (iii) indemnifies the Custodian on demand against all liabilities, losses, costs and expenses howsoever characterised which are incurred by the Custodian in connection with the Transaction Documents to the extent that the Custodian is not fully indemnified under the Custody Deed, provided that the Custodian has not been guilty of fraud, wilful default or gross negligence in respect of the Custody Deed; and (iv) acknowledges that the indemnities are continuing obligations, independent of the Investor’s other obligations and continue, without limitation, after this agreement ends and the Loan is repaid or the termination of the relevant Investor Trust. It is not necessary for the Issuer or the Custodian to incur any expense or make any payment before enforcing a right of indemnity.

Taxes and Indemnity. (a) The Lender Issuer, its nominee and the Custodian are not liable for any Taxes or other charges: (ia) payable by the Investor in connection with this Loan Agreementthese Terms or in connection with an Investor Trust or an Investor Security Deed; or (iib) payable by the Lender Issuer, its nominee, or the Custodian (or its nominee) or any other person arising in any way in connection with the Transaction Documents (other than any Tax payable by the Issuer on its own taxable income (as defined under in the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth)) or any Tax payable by the Custodian on any fees payable to it under the Custody Deed); and are not liable to pay the Investor any additional amount on account of any Taxes or other charges. (b) The Investor: (i) must pay all Taxes (including GST) and other charges for which the Investor becomes liable in connection with this Loan Agreementthese Terms and an Investor Trust and the Investor Security Deed; or (ii) must pay an additional amount to the Lender Issuer and the Custodian on demand equal to any applicable Taxes (including GST) and other charges arising in any way in connection with the Transaction Documents (other than any Tax payable by the Issuer on its own taxable income (as defined under in the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth)) or any Tax payable by the Custodian on any fees payable to it under the Custody DeedDeed ) for which the Lender Issuer or the Custodian or any other person becomes liable and indemnifies the Issuer and the Custodian on demand for any such amounts; (iii) indemnifies the Custodian on demand against all liabilities, losses, costs and expenses howsoever characterised which are incurred by the Custodian in connection with the Transaction Documents to the extent that the Custodian is not fully indemnified under the Custody Deed, provided that the Custodian has not been guilty of fraud, wilful default or gross negligence in respect of the Custody Deed; and (iv) acknowledges that the indemnities are continuing obligations, independent of the Investor’s other obligations and continue, without limitation, after this agreement ends and ends, the Loan is repaid delivery of the Delivery Parcel to the Investor or the termination of the relevant Investor Trust. It is not necessary for the Issuer or the Custodian to incur any expense or make any payment before enforcing a right of indemnity.