Taxes and Other Governmental Charges and Utility Charges. The Lessee shall pay when due all gas, water, steam, electricity, heat, power, telephone and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Renewable Energy Projects. The Lessee shall also pay all property and excise taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Renewable Energy Projects or any part thereof or the Lease Payments, which become due during the Term of this Company Lease Agreement with respect thereto, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Renewable Energy Projects; provided, however, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Company Lease Agreement as and when the same become due. The Lessee shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate or other similar tax payable by the Lessor, its successors or assigns, unless such tax is made in lieu of or as a substitute for any real estate or other tax upon property and arises out of or is levied upon the Lessor’s interest in the Renewable Energy Projects hereunder. The Lessee may, at its own expense and in its or the Lessor’s name, contest in good faith any such taxes, assessments or utility or other charges (and the Lessor shall cooperate fully in any such contest) and, in the event of any such contest, permit such taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom, unless the Lessor shall notify the Lessee that, in the opinion of independent counsel, by nonpayment of any such items, the interest of the Lessor in the Renewable Energy Projects shall be materially endangered, or the Renewable Energy Projects or any part thereof shall be subject to loss or forfeiture, in which event the Lessee shall promptly pay such taxes, assessments or charges or provide the Lessor with full security against any loss or forfeiture that may result from nonpayment.
Taxes and Other Governmental Charges and Utility Charges. (1) The Grantor will make promptly all payments due during the Term on taxes and special assessments lawfully levied upon or with respect to the Facilities, other charges lawfully made by any governmental body for public improvements that may be or become secured by a lien on the Facilities, and utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Facilities, including but not limited to taxes or governmental charges on any property of the Grantor brought in or upon the Facilities, sales and other excise taxes on products thereof, and any taxes levied upon or with respect to income or profits from the Facilities which, if not paid, would become a lien thereon prior to or on a parity with the pledge and assignment of such revenues and receipts made in this Trust Indenture. With respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, with or without interest, the Grantor shall be obligated under this Trust Indenture to pay only such installments and interest as are required to be paid during the Term.
(2) The Grantor shall have the right to contest by legal proceedings, at its own expense and, if necessary, in the name of the Trustee and the Beneficiary, the validity or amount of any imposition of said real property taxes and assessments; provided, however, that any unpaid amount shall also be placed in escrow with the Beneficiary, together with the Beneficiary’s reasonable estimate of penalties and interest thereon, pursuant to the foregoing provisions and disbursed by the Beneficiary either in accordance with the resolution of said legal proceedings or prior thereto if at any time the Facilities or any part thereof shall, in the Beneficiary’s reasonable opinion, be in danger of being forfeited or sold by reason of the nonpayment of taxes or assessments. It is recognized by the Grantor that under the provisions of Montana Code Annotated, Section 90-5-110, the Facilities are subject to taxation, unless otherwise exempt from taxation.
Taxes and Other Governmental Charges and Utility Charges. Except as hereinafter provided, the Owner agrees to pay, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Development Site or any machinery, equipment or other property installed or brought by the Owner therein or thereon, all utility or other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all assessments and charges lawfully made by any governmental body for public improvements. The Owner may, at its expense and in its own name and behalf in good faith contest any such taxes, assessments and other charges, other than the special assessments levied to pay the Bonds. Nothing in this Agreement shall reduce the right of the Owner to any exemption from or abatement of taxes to which it is otherwise entitled.
