Common use of Taxes and Utility Charges Clause in Contracts

Taxes and Utility Charges. (a) The Company shall pay as the same respectively become due, (i) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer from the Project and that, if not paid, would become a charge on the payments to be made under this Loan Agreement prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Company's interest in the Project), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company shall notify the Issuer and the Trustee that in the opinion of Counsel, by non-payment of any such items, the rights of the Trustee with respect to this Loan Agreement created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement or any part of the payments to be made under this Loan Agreement will not be materially endangered, nor will the Project or any part thereof be subject to loss or forfeiture. If the Company is unable to deliver such an opinion of Counsel, the Company shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the Company, indemnity satisfactory to the Trustee; but provided further, that any tax, assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer and the Trustee, at the expense of the Company, will cooperate fully in any such permitted contest. (c) If the Company shall fail to pay any of the items required to be paid by it pursuant to (a) above, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company to the one making the advancement which amounts, together with interest thereon at the Overdue Rate, from the date of payment, the Company agrees to pay on demand therefor. (d) The Company shall furnish the Issuer and the Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company under this Loan Agreement.

Taxes and Utility Charges. (a) The Company shall pay as the same respectively become due, (i) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer from the Project and that, if not paid, would become a charge on the payments to be made under this Loan Lease Agreement prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Company's interest in the Project), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company shall notify the Issuer and the Trustee that in the opinion of Counsel, by non-payment of any such items, the rights of the Trustee with respect to this Loan Agreement created by the assignment under the Indenture, as to the rights assigned under this Loan Lease Agreement or any part of the payments to be made under this Loan Lease Agreement will not be materially endangered, nor will the Project or any part thereof be subject to loss or forfeiture. If the Company is unable to deliver such an opinion of Counsel, the Company shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the Company, indemnity satisfactory to the Trustee; but provided further, that any tax, assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer Issuer, the Credit Facility Trustee and the Trustee, at the expense of the Company, will cooperate fully in any such permitted contest. (c) If the Company shall fail to pay any of the items required to be paid by it pursuant to (a) above, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company to the one making the advancement which amounts, together with interest thereon at the Overdue Rate, from the date of payment, the Company agrees to pay on demand therefor. (d) The Company shall furnish the Issuer and the Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company under this Loan Lease Agreement.

Taxes and Utility Charges. (a) The Company Borrower shall pay as the same respectively become due, (i) all taxes, assessments, impact fees, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer Borrower from the Project and that, if not paid, would become a charge on the payments to be made under this Loan Agreement or the Notes prior to or on a parity with the charge thereon thereof created by the Indenture and including ad valorem, sales and excise taxes, assessments assessments, impact fees and charges upon the CompanyBorrower's interest in the Project), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments assessments, impact fees and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company Borrower may, at its expense, contest in good faith any such levy, tax, assessment, impact fees, claim or other charge, but the Company Borrower may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company Borrower shall notify the Issuer Issuer, the Trustee and the Credit Facility Trustee that in the opinion of Counsel, by non-payment of any such items, the rights of the Trustee and the Credit Facility Trustee with respect to this Loan Agreement and the Notes created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement Agreement, or any part of the payments to be made under this Loan Agreement or the Notes, will not be materially endangered, endangered nor will the Project or any part thereof be subject to loss or forfeiture. If the Company Borrower is unable to deliver such an opinion of Counsel, the Company Borrower shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the CompanyBorrower, indemnity satisfactory to the Trustee and the Credit Facility Trustee; but provided further, that any tax, tax assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer (unless such contest is against the Issuer), the Trustee and the Credit Facility Trustee, at the expense of the CompanyBorrower, will cooperate fully in any such permitted contest. (c) . If the Company Borrower shall fail to pay any of the items required to be paid by it pursuant to (a) aboveforegoing items, the Issuer (unless such contest is against the Issuer) or the Trustee may (but shall be under no obligation to) pay the same, same and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company Borrower to the one making the advancement advancement, which amounts, together with interest thereon at the Overdue Rate, or the maximum contract rate permitted by law, whichever is lower, from the date of payment, the Company Borrower agrees to pay on demand therefor. (dc) The Company Borrower shall furnish the Issuer Issuer, the Credit Facility Issuer, the Trustee and the Credit Facility Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company Borrower under this Loan Agreement.

Taxes and Utility Charges. (a) The Company Borrower shall pay as the same respectively become due, (i) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer Borrower from the Project Plant and that, if not paid, would become a charge on the payments to be made under this Loan Agreement or the Note prior to or on a parity with the charge thereon thereof created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the CompanyBorrower's interest in the ProjectPlant), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company Borrower may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company Borrower may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company Borrower shall notify the Issuer and the Trustee that in the opinion of Counsel, by non-payment of any such items, the rights of the Trustee with respect to this Loan Agreement and the Note created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement Agreement, or any part of the payments to be made under this Loan Agreement or the Note, will not be materially endangered, endangered nor will the Project or any part thereof be subject to loss or forfeiture. If the Company Borrower is unable to deliver such an opinion of Counsel, the Company Borrower shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the CompanyBorrower, indemnity satisfactory to the Trustee; but provided further, that any tax, tax assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer and the Trustee, at the expense of the CompanyBorrower, will cooperate fully in any such permitted contest. (c) . If the Company Borrower shall fail to pay any of the items required to be paid by it pursuant to (a) aboveforegoing items, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company Borrower to the one making the advancement advancement, which amounts, together with interest thereon at the Overdue Rate, or the maximum contract rate permitted by law, whichever is lower, from the date of payment, the Company Borrower agrees to pay on demand therefor. (dc) The Company Borrower shall furnish the Credit Facility Issuer and the Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company Borrower under this Loan Agreement.

Taxes and Utility Charges. (a) The Company Borrower shall pay as the same respectively become due, (i) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer Borrower from the Project Plant and that, if not paid, would become a charge on the payments to be made under this Loan Agreement or the Note prior to or on a parity with the charge thereon thereof created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the CompanyBorrower's interest in the ProjectPlant), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company Borrower may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company Borrower may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company Borrower shall notify the Issuer and the Trustee that in the opinion of Counsel, by non-payment of any such items, the rights of the Trustee with respect to this Loan Agreement and the Note created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement Agreement, or any part of the payments to be made under this Loan Agreement or the Note, will not be materially endangered, endangered nor will the Project or any part thereof be subject to loss or forfeiture. If the Company Borrower is unable to deliver such an opinion of Counsel, the Company Borrower shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the CompanyBorrower, indemnity satisfactory to the Trustee; but provided further, that any tax, tax assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer and the Trustee, at the expense of the CompanyBorrower, will cooperate fully in any such permitted contest. (c) . If the Company Borrower shall fail to pay any of the items required to be paid by it pursuant to (a) aboveforegoing items, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, same and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company Borrower to the one making the advancement advancement, which amounts, together with interest thereon at the Overdue Rate, or the maximum contract rate permitted by law, whichever is lower, from the date of payment, the Company Borrower agrees to pay on demand therefor. (dc) The Company Borrower shall furnish the Issuer, the Credit Facility Issuer and the Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company Borrower under this Loan Agreement.

Taxes and Utility Charges. (a) The Company Borrower shall pay as the same respectively become due, (i) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer Borrower from the Project Plant and that, if not paid, would become a charge on the payments to be made under this Loan Agreement or the Note prior to or on a parity with the charge thereon thereof created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the CompanyBorrower's interest in the ProjectPlant), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company Borrower may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company Borrower may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company Borrower shall notify the Issuer and the Trustee that in the opinion of Counsel, in form satisfactory to the Issuer and the Trustee, by non-payment of any such items, the rights of the Trustee with respect to this Loan Agreement and the Note created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement Agreement, or any part of the payments to be made under this Loan Agreement or the Note, will not be materially endangered, endangered nor will the Project or any part thereof be subject to loss or forfeiture. If the Company Borrower is unable to deliver such an opinion of Counsel, the Company Borrower shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the CompanyBorrower, indemnity satisfactory to the Trustee; but provided further, that any tax, tax assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer and the Trustee, at the expense of the CompanyBorrower, will cooperate fully in any such permitted contest. (c) . If the Company Borrower shall fail to pay any of the items required to be paid by it pursuant to (a) aboveforegoing items, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, same and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company Borrower to the one making the advancement advancement, which amounts, together with interest thereon at the Overdue Rate, or the maximum contract rate permitted by law, whichever is lower, from the date of payment, the Company Borrower agrees to pay on demand therefor. (dc) The Company Borrower shall furnish the Issuer, the Credit Facility Issuer and the Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company Borrower under this Loan Agreement.

Taxes and Utility Charges. (a) The Company shall pay as the same respectively become due, (i1) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer from the Project and that, if not paid, would become a charge on the payments to be made under this Loan Agreement prior to or on a parity with the charge thereon created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Company's interest in the Project), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the Project. (b) The Company may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company shall notify the Issuer and the Trustee that in the opinion of Counsel, by non-payment nonpayment of any such items, the rights of the Trustee with respect to this Loan Agreement created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement or any part of the payments to be made under this Loan Agreement will not be materially endangered, nor will the Project or any part thereof be subject to loss or forfeiture. If the Company is unable to deliver such an opinion of Counsel, the Company shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the Company, indemnity satisfactory to the Trustee; but provided further, that any tax, assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer Issuer, the Credit Facility Trustee and the Trustee, at the expense of the Company, will cooperate fully in any such permitted contest. (c) If the Company shall fail to pay any of the items required to be paid by it pursuant to (aSection 6.2(a) above, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company to the one making the advancement which amounts, together with interest thereon at the Overdue Rate, from the date of payment, the Company agrees to pay on demand therefor. (d) The Company shall furnish the Issuer and the Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company under this Loan Agreement.

Taxes and Utility Charges. (a) The Company Borrower shall pay as the same respectively become due, (i) all taxes, assessments, levies, claims and charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project Facility (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer Borrower from the Project Plant and that, if not paid, would become a charge on the payments to be made under this Loan Agreement or the Note prior to or on a parity with the charge thereon thereof created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the CompanyBorrower's interest in the ProjectPlant), (2) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project Facility and (3) all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on any portion of the ProjectFacility. (b) The Company Borrower may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the Company Borrower may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom only if the Company Borrower shall notify the Issuer Issuer, the Trustee and the Credit Facility Trustee that in the opinion of Counsel, by non-payment of any such items, the rights of the Trustee and the Credit Facility Trustee with respect to this Loan Agreement and the Note created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement Agreement, or any part of the payments to be made under this Loan Agreement or the Note, will not be materially endangered, endangered nor will the Project Facility or any part thereof be subject to loss or forfeiture. If the Company Borrower is unable to deliver such an opinion of Counsel, the Company Borrower shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the CompanyBorrower, indemnity satisfactory to the Trustee and the Credit Facility Trustee; but provided further, that any tax, tax assessment, charge, levy or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Issuer Issuer, the Trustee and the Credit Facility Trustee, at the expense of the CompanyBorrower, will cooperate fully in any such permitted contest. (c) . If the Company Borrower shall fail to pay any of the items required to be paid by it pursuant to (a) aboveforegoing items, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, same and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company Borrower to the one making the advancement advancement, which amounts, together with interest thereon at the Overdue Rate, or the maximum contract rate permitted by law, whichever is lower, from the date of payment, the Company Borrower agrees to pay on demand therefor. (dc) The Company Borrower shall furnish the Issuer Issuer, the Credit Facility Issuer, the Trustee and the Credit Facility Trustee, upon request, with proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges required to be paid by the Company Borrower under this Loan Agreement.