Common use of Taxes and Other Governmental Charges and Utility Charges Clause in Contracts

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 hereof, the Lessee 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 Project or any structures or other property installed or brought by the Lessee therein or thereon, including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the income or profits of the Lessor from the Project which, if not paid, would become a lien or a charge on the revenues and receipts from the leasing of the Project, all utility and 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 that may be secured by a lien on the Project; provided, 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 Lease Term. The Lessee may, at its expense and in its own name and behalf or in the name and behalf of the Lessor, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless by non- payment of any such items the lien of this Agreement will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Lessor, with the Lessor. The Lessor will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to pay.

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 hereofThe 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 agrees to pay, as the same, respectively, become due, 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 Project Renewable Energy Projects or any structures part thereof or other property installed or brought by the Lessee therein or thereonLease Payments, including, without limiting which become due during the generality Term of the foregoing, any taxes levied upon or this Company Lease Agreement with respect to the income or profits of the Lessor from the Project whichthereto, if not paid, would become a lien or a charge on the revenues and receipts from the leasing of the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the ProjectRenewable 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 TermAgreement 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 own name and behalf or in the name and behalf of the Lessor’s name, contest in good faith contest any such taxes, assessments and or utility or other charges (and the Lessor shall cooperate fully in any such contest) and, in the event of any such contest, may permit the such taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom therefrom, unless the Lessor shall notify the Lessee that, in the opinion of independent counsel, by non- payment nonpayment of any such items items, the lien interest of this Agreement will the Lessor in the Renewable Energy Projects shall be materially endangered endangered, or the Project Renewable Energy Projects or any part thereof will shall be subject to loss or forfeiture, in which event the Lessee shall promptly pay such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Lessor, with the Lessor. The Lessor will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, provide the Lessor with full security against any loss or forfeiture that may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, result from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to paynonpayment.

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 hereof, the Lessee agrees to The Company will promptly pay, as the same, respectively, same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project or any structures portion thereof or other property installed or brought by with respect to the Lessee therein or thereonoriginal issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied against the Company or the Issuer upon or with respect to the income or profits of the Lessor Issuer from the Project which, if not paid, would become a lien or a charge on the revenues Subrentals prior to or on a parity with the charge under the Indenture thereon and receipts from the leasing pledge or assignment thereof to be created and made in the Indenture, and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and Project, all assessments and charges lawfully made by any governmental body against the Company or the Issuer for public improvements that may be secured by a lien or on account of the Project and in addition any excise tax levied against the Company or the Issuer on the Project; providedSubrentals or the Mortgage Bond, that provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee Company shall be obligated to pay only such installments as are required to be paid during the Lease Term. The Lessee If the Company shall first notify the Trustee of its intention so to do, the Company may, at its expense and in its own name and behalf or in the name and behalf of the LessorIssuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by non- payment nonpayment of any such items the lien of this Agreement will be materially endangered the Indenture as to any part of the Subrentals or the Project or any part thereof Mortgage Bond will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the LessorIssuer, with the LessorTrustee. The Lessor Issuer will cooperate fully with the Lessee Company in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to pay.

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 5.8 hereof, the Lessee 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 Project Leased Facilities or any structures or other property installed or brought by the Lessee therein or thereonthereon or with respect to the original issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the original issuance of the Bonds, any taxes levied upon or with respect to the income or profits of the Lessor from the Project Leased Facilities which, if not paid, would become a lien or a charge on the revenues and receipts from the leasing of the ProjectLeased Facilities prior to or on a parity with the lien and charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenture and including all ad valorem taxes lawfully assessed upon the leasehold estate hereby granted and demised and leased to the Lessee, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project Leased Facilities and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the ProjectLeased Facilities; provided, 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 Lease Term. The Lessee may, at its expense and in its own name and on behalf or in the name and on behalf of the Lessor, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless by non- non-payment of any such items the lien of this Agreement will be materially endangered or the Project Leased Facilities or any part thereof will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Lessor, with the LessorTrustee. The Lessor will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor or the Trustee may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor or the Trustee shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%)which is one percentage point greater than the highest rate per annum borne by any of the Bonds issued under the Indenture, the Lessee agrees to pay. The Lessor does hereby acknowledge that, subject to the applicable law of the State, and provided no event of default (as defined in Section 9.1 hereof) exists, the Leased Facilities are to be exempt from ad valorem taxes.

Taxes and Other Governmental Charges and Utility Charges. Subject The Company will make, or will cause to Section 5.07 hereofbe made, promptly all payments due during the Lessee agrees to pay, as the same, respectively, become due, all Term of this Loan Agreement on taxes and governmental charges of any kind whatsoever that may at any time be special assessments lawfully assessed or levied against or with respect to the Project or any structures or other property installed or brought by the Lessee therein or thereon, including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the income Project, other charges lawfully made by any governmental body for public improvements that may be or profits of the Lessor from the Project which, if not paid, would become secured by a lien or a charge on the revenues and receipts from the leasing of the Project, all and utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, including but not limited to taxes or governmental charges on any property of the Company brought in or upon the Project, sales and other excise taxes on products thereof, and any taxes levied upon or with respect to income or profits from the Project and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by which, if not paid, would become a lien thereon prior to or on a parity with the Project; provided, that lien of the Mortgage or prior to or on a parity with the pledge and assignment of such revenues and receipts made in the Mortgage. 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 Lessee Company shall be obligated to pay only such installments and interest as are required to be paid during the Lease TermTerm of this Loan Agreement. The Lessee Notwithstanding the foregoing, the Company may, at its expense and in its own name and behalf or in the name and behalf of the Lessorexpense, in good faith faith, contest any such taxes, assessments and other charges andcharges, provided that such contest will not subject the Project or any part thereof to loss or forfeiture and provided that the Company shall first deposit with the Trustee a surety bond or cash in the event amount of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during being contested, pending the period outcome of such contest and any appeal therefrom unless by non- payment of any such items the lien of this Agreement will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Lessor, with the Lessor. The Lessor will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to pay.

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 hereof, the Lessee agrees to The Company will promptly pay, as the same, respectively, same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project or any structures portion thereof or other property installed or brought by with respect to the Lessee therein or thereonoriginal issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied against the Company or the Issuer upon or with respect to the income or profits of the Lessor Issuer from the Project which, if not paid, would become a lien or a charge on the revenues Subrentals prior to or on a parity with the charge under the Indenture thereon and receipts from the leasing pledge or assignment thereof to be created and made in the Indenture, and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and Project, all assessments and charges lawfully made by any governmental body against the Company or the Issuer for public improvements that may be secured by a lien or on account of the Project and in addition any excise tax levied against the Company or the Issuer on the Project; providedSubrentals, that provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee Company shall be obligated to pay only such installments as are required to be paid during the Lease Term. The Lessee If the Company shall first notify the Trustee of its intention so to do, the Company may, at its expense and in its own name and behalf or in the name and behalf of the LessorIssuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by non- payment nonpayment of any such items the lien of this Agreement will be materially endangered or the Project or Indenture as to any part thereof of the Subrentals will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the LessorIssuer, with the LessorTrustee. The Lessor Issuer will cooperate fully with the Lessee Company in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to pay.

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 hereof, the Lessee agrees to pay, as the same, respectively, become due, (1) The Grantor will make promptly all payments due on taxes and governmental charges of any kind whatsoever that may at any time be special assessments lawfully assessed or levied against or with respect to the Project or any structures or other property installed or brought by the Lessee therein or thereon, including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the income Land or profits of the Lessor from the Project whichFacilities, if not paid, would other charges lawfully made by any governmental body for public improvements that may be or become secured by a lien or a charge on the revenues Land or the Facilities, and receipts from the leasing of the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy occupancy, and upkeep of the Project Land or the Facilities, including but not limited to taxes or governmental charges on any property of the Grantor brought in or upon the Land, sales and all assessments other excise taxes on products thereof, and charges lawfully made by any governmental body for public improvements that may be secured by 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 Project; provided, that with 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 Lessee Grantor shall be obligated to pay only such installments and interest as are required to be paid during as the same come due. (2) Subject to Section 11 of the Conference Center and Parking Facility Development Agreement and Section 8 of the Conference Center Lease Term. The Lessee mayAgreement, the Grantor shall have the right to contest by legal proceedings, at its own expense and in its own name and behalf or and, if necessary, in the name and behalf of the LessorTrustee and the Beneficiary, in good faith contest any such taxes, assessments and other charges and, in the event validity or amount of any such contestimposition of said real property taxes and assessments; provided, may permit however, that any unpaid amount shall also be placed in escrow with the taxesBeneficiary, assessments pursuant to the foregoing provisions and disbursed by the Beneficiary either in accordance with the resolution of said legal proceedings or other charges so contested to remain unpaid during prior thereto if at any time the period of such contest and any appeal therefrom unless by non- payment of any such items the lien of this Agreement will be materially endangered Land or the Project Facilities or any part thereof will be subject to loss or forfeitureshall, in which event such taxesthe Beneficiary’s reasonable opinion, assessments be in danger of being forfeited or charges shall be paid promptly or secured sold by posting a bond, in form satisfactory to the Lessor, with the Lessor. The Lessor will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any reason of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation nonpayment of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to paytaxes or assessments.

Taxes and Other Governmental Charges and Utility Charges. Subject to Section 5.07 hereof, (1) The Grantor will make promptly all payments due during the Lessee agrees to pay, as the same, respectively, become due, all Term on taxes and governmental charges of any kind whatsoever that may at any time be special assessments lawfully assessed or levied against or with respect to the Project or any structures or other property installed or brought by the Lessee therein or thereon, including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the income Facilities, other charges lawfully made by any governmental body for public improvements that may be or profits of the Lessor from the Project which, if not paid, would become secured by a lien or a charge on the revenues Facilities, and receipts from the leasing of the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project Facilities, including but not limited to taxes or governmental charges on any property of the Grantor brought in or upon the Facilities, sales and all assessments other excise taxes on products thereof, and charges lawfully made by any governmental body for public improvements that may be secured by 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 Project; provided, that with 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 Lessee Grantor shall be obligated under this Trust Indenture to pay only such installments and interest as are required to be paid during the Lease Term. . (2) The Lessee mayGrantor shall have the right to contest by legal proceedings, at its own expense and in its own name and behalf or and, if necessary, in the name and behalf of the LessorTrustee and the Beneficiary, in good faith contest any such taxes, assessments and other charges and, in the event validity or amount of any such contestimposition of said real property taxes and assessments; provided, may permit however, that any unpaid amount shall also be placed in escrow with the taxesBeneficiary, assessments 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 other charges so contested to remain unpaid during prior thereto if at any time the period of such contest and any appeal therefrom unless by non- payment of any such items the lien of this Agreement will be materially endangered or the Project Facilities or any part thereof will 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 loss or forfeituretaxation, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Lessor, with the Lessor. The Lessor will cooperate fully with the Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, unless otherwise exempt from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to paytaxation.