Common use of Taxes and Utility Charges Clause in Contracts

Taxes and Utility Charges. (a) The Purchaser agrees that it shall be liable to pay all Taxes and Utility Charges including the Air Conditioning and Gas Supply charges and any other costs, expenses and liabilities incurred by the Seller attributable to the Unit from the Completion Date as detailed in the Building JOPD. If any costs, expenses, Taxes or Utility Charges have been paid by the Seller in respect of the Unit (or proportionally in respect of the Unit) that extend for a period beyond the Completion Date, the Purchaser shall reimburse the Seller the proportion of such amount applicable to the period after the Completion Date, within seven (7) days of receipt of an invoice for the same from the Seller. If required by the Seller, the Master Developer or the Utility Provider, the Purchaser must enter into end user agreements with the Utility Provider or any agent appointed by the Seller, the Master Developer or the Utility Provider to collect Utility Charges attributable to the Unit. (b) The Purchaser shall indemnify and keep indemnified and hold the Seller harmless, against all actions, costs, claims, damages, demands, expenses, liabilities, losses and proceedings whatsoever arising from the Purchaser’s failure to pay all Taxes and Utility Charges to the Relevant Authority or Utility Provider as may be due and payable by the Purchaser in respect of the Unit (or proportionally payable by the Purchaser in respect of any Common Use Facilities).

Taxes and Utility Charges. (a) The Purchaser agrees that it shall be liable to pay all Taxes and Utility Charges including the Air Conditioning Chilled Water and Gas Supply charges and any other costs, expenses and liabilities incurred by the Seller attributable to the Unit from the Completion Date as detailed in the Building JOPD. If any costs, expenses, Taxes or Utility Charges have been paid by the Seller in respect of the Unit (or proportionally in respect of the Unit) that extend for a period beyond the Completion Date, the Purchaser shall reimburse the Seller the proportion of such amount applicable to the period after the Completion Date, within seven (7) days of receipt of an invoice for the same from the Seller. If required by the Seller, the Master Developer or the Utility Provider, the Purchaser must enter into end user agreements with the Utility Provider or any agent appointed by the Seller, the Master Developer or the Utility Provider to collect Utility Charges attributable to the Unit. (b) The Purchaser shall indemnify and keep indemnified and hold the Seller harmless, against all actions, costs, claims, damages, demands, expenses, liabilities, losses and proceedings whatsoever arising from the Purchaser’s failure to pay all Taxes and Utility Charges to the Relevant Authority or Utility Provider as may be due and payable by the Purchaser in respect of the Unit (or proportionally payable by the Purchaser in respect of any Common Use Facilities).

Taxes and Utility Charges. (a) The Purchaser agrees that it shall be liable to pay all Taxes and Utility Charges including the Air Conditioning electricity consumption for Cooling A/C System and Gas Supply charges and any other costs, expenses and liabilities incurred by the Seller attributable to the Unit from the Completion Date as detailed in the Building JOPD. If any costs, expenses, Taxes or Utility Charges have been paid by the Seller in respect of the Unit (or proportionally in respect of the Unit) that extend for a period beyond the Completion Date, the Purchaser shall reimburse the Seller the proportion of such amount applicable to the period after the Completion Date, within seven (7) days of receipt of an invoice for the same from the Seller. If required by the Seller, the Master Developer or the Utility Provider, the Purchaser must enter into end user agreements with the Utility Provider or any agent appointed by the Seller, the Master Developer or the Utility Provider to collect Utility Charges attributable to the Unit. (b) The Purchaser shall indemnify and keep indemnified and hold the Seller harmless, against all actions, costs, claims, damages, demands, expenses, liabilities, losses and proceedings whatsoever arising from the Purchaser’s failure to pay all Taxes and Utility Charges to the Relevant Authority or Utility Provider as may be due and payable by the Purchaser in respect of the Unit (or proportionally payable by the Purchaser in respect of any Common Use Facilities).

Taxes and Utility Charges. (a1) The Purchaser agrees Borrower shall pay as the same respectively become due, all taxes, assessments, levies, claims and charges of any kind whatsoever that it may at any time be lawfully assessed or levied against or with respect to the Plant (including, without limiting the generality of the foregoing, any tax upon or with respect to the income or profits of the Issuer from the 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 created by the Indenture and including ad valorem, sales and excise taxes, assessments and charges upon the Borrower's interest in the Plant) or any of the Bond Documents (including, without limiting the generality of the foregoing, documentary stamp tax or intangible tax if, and to the extent, applicable), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Plant and 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 Plant. (2) The Borrower may, at its expense, contest in good faith any such levy, tax, assessment, claim or other charge, but the 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 Borrower notifies the Bondholder and the Trustee that, in the opinion of Counsel, by nonpayment of any such items, the liens of the Mortgage and the Security Agreement and the rights of the Trustee with respect to the Mortgage, the Security Agreement, this Loan Agreement and the Note created by the assignment under the Indenture, as to the rights assigned under this Loan Agreement, the Mortgage or the Security Agreement or any part of the payments to be made under this Loan Agreement or the Note, will not be materially endangered nor will the Project or any part thereof be subject to loss or forfeiture. If the Borrower is unable to deliver such an opinion of Counsel, the Borrower shall promptly pay or bond and cause to be satisfied or discharged all such unpaid items or furnish, at the expense of the Borrower, indemnity satisfactory to the Bondholder and the Trustee; but provided further, that any tax assessment, charge, levy or claim shall be liable paid forthwith upon the commencement of proceedings to foreclose any lien securing the same. The Bondholder and the Trustee, at the expense of the Borrower, will cooperate fully in any such permitted contest. If the Borrower shall fail to pay all Taxes and Utility Charges including any of the Air Conditioning and Gas Supply charges foregoing items, the Bondholder or the Trustee may, but shall be under no obligation to, pay the same and any other costs, expenses and liabilities incurred amounts so advanced therefor by the Seller attributable Issuer or the Trustee shall become an additional obligation of the Borrower to the Unit one making the advancement, which amounts, together with interest thereon at the Overdue Rate from the Completion Date as detailed in date of payment, the Building JOPD. If Borrower agrees to pay on demand therefor. (3) The Borrower shall furnish the Bondholder and the Trustee, tupon request, with proof of payment of any coststaxes, expensesgovernmental charges, Taxes utility charges, insurance premiums or Utility Charges have been other charges required to be paid by the Seller in respect of the Unit (or proportionally in respect of the Unit) that extend for a period beyond the Completion Date, the Purchaser shall reimburse the Seller the proportion of such amount applicable to the period after the Completion Date, within seven (7) days of receipt of an invoice for the same from the Seller. If required by the Seller, the Master Developer or the Utility Provider, the Purchaser must enter into end user agreements with the Utility Provider or any agent appointed by the Seller, the Master Developer or the Utility Provider to collect Utility Charges attributable to the UnitBorrower under this Loan Agreement. (b) The Purchaser shall indemnify and keep indemnified and hold the Seller harmless, against all actions, costs, claims, damages, demands, expenses, liabilities, losses and proceedings whatsoever arising from the Purchaser’s failure to pay all Taxes and Utility Charges to the Relevant Authority or Utility Provider as may be due and payable by the Purchaser in respect of the Unit (or proportionally payable by the Purchaser in respect of any Common Use Facilities).