Taxes, Assessments and Utility Charges. (a) Subject to the Sales Tax Exemption and the Real Property Tax Abatements as provided hereunder, the Company agrees to pay, as the same become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost which may be added thereto or become due or be imposed by operation of law for the non-payment thereof, (i) all taxes, PILOT Payments and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Facility and any machinery, equipment or other Property installed or brought by the Company therein or thereon, including, without limiting the generality of the foregoing, any sales or use taxes imposed with respect to the Facility or any part or component thereof, or the rental or sale of the Facility or any part thereof, and any taxes levied upon or with respect to the income or revenues of the Agency from the Facility; (ii) all utility and other charges, including service charges, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Facility; and (iii) all assessments and charges of any kind whatsoever lawfully made by any governmental body for public improvements; provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated under this Lease Agreement to pay only such installments as are required to be paid during the Lease Term.
(b) The Company may in good faith contest any such taxes, assessments and other charges. In the event of any such proceedings, the Company may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such proceedings and any appeal therefrom, provided, however, that (i) neither the Facility nor any part thereof or interest therein would be in any immediate danger of being sold, forfeited or lost by reason of such proceedings and (ii) the Company shall have set aside on its books adequate reserves with respect thereto and shall have furnished such security, if any, as may be required in such proceedings or requested by the Agency.
(c) The Agency agrees that if it or the Company contests any taxes, assessments or other charges provided for in paragraph (b) hereof, all sums returned and received by the Agency, as a result thereof, will be promptly transmitted ...
Taxes, Assessments and Utility Charges. (a) The Company shall pay, as the same respectively become due, subject to Section 6.8, (i) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to (A) the Project Facility, (B) any machinery, equipment or other property installed or brought by the Company therein or thereon, (C) any sales or use taxes imposed with respect to the Project Facility or any part or component thereof, (ii) all utility and other charges incurred or imposed for or with resect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, (iii) all assessments and charges of any kind whatsoever lawfully made by any governmental body for public improvements, provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated under this Agreement to pay only such installments as are required to be paid during the Lease Term, and (iv) all moneys due as payments in lieu of taxes pursuant to Section 6.8 hereof.
(b) The Company may in good faith actively contest any such taxes, assessments and other charges, provided that the Company shall have first notified the Agency in writing of such contest.
(c) The Company shall defend, indemnify and save the Agency and its members, officers, agents, servants and employees harmless from any liability or expenses resulting from any failure by the Company to comply with the provisions of this Section 6.3.
Taxes, Assessments and Utility Charges. (a) The Company agrees to pay, as the same respectively become due, (i) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Project and any machinery, equipment or with respect to the Project and any machinery, equipment or other property installed or brought by the Company therein or thereon, including without limiting the generality of the foregoing any taxes levied upon or with respect to the income or revenues of the Agency from the Project; (ii) all payments under the PILOT Agreement; (iii) all utility and other charges, including "service charges," incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Project; and (iv) all assessments and charges of any kind whatsoever lawfully made by any governmental body for public improvements; provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated under this Leaseback Agreement to pay only such installments as are required to be paid during the Lease Term.
(b) The Company, at its own expense, may in good faith contest any such taxes, assessments and other charges. In the event of any such contest, the Company may, with prior written notice to the Agency, permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom, unless the Agency reasonably requests payment prior to settlement.
Taxes, Assessments and Utility Charges. (a) Subject to the exemptions from real property taxes as provided under the PILOT Agreement and the Sales Tax Exemption, the Company agrees to pay, as the same become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost which may be added thereto or become due or be imposed by operation of law for the non-payment thereof, (i) all taxes, payments in lieu of taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Company Facility and any machinery, equipment or other Property installed or brought by the Company therein or thereon, including, without limiting the generality of the foregoing, any sales or use taxes imposed with respect to the Company Facility or any part or component thereof, or the rental or sale of the Company Facility or any part thereof, and any taxes levied upon or with respect to the income or revenues of the Agency from the Company Facility;
Taxes, Assessments and Utility Charges. Section 8.01. Lessor and Lessee agree that Lessor is under no obligation to provide and/oi pay for any services, including any utilities, related to Lessee's use and occupancy of the Premises. Lessee will pay when due all utilities and taxes, including personal property taxes, assessments and levies, whether general or special, ordinary or extraordinary, of every nature or kind whatsoever which may be taxed, charged, assessed, levied or imposed at any time or from time to time during the Term of this Lease (including taxes for the tax year in which such term begins) by the State, any political subdivision thereof or any governmental or quasi-governmental body having jurisdiction thereover, upon or against: (i) the Premises or the occupancy, use or possession thereof; or (ii) any estate, right, title or interest of Lessor and of Lessee or of either of them in or to the Premises. It is agreed, however, that (i) taxes for the years in which the commencement and the termination of this Lease occur shall be prorated, and Lessee shall be required to pay as its prorated share only that portion of the taxes levied for the period of the taxable year for which this Lease shall have been in effect, and (ii) Lessee shall not be obligated to pay any installment of any special assessment which may be levied, assessed or confirmed during the Term, but which does not fall due and is not required to be paid until after its Termination, unless the special assessment is attributable to Lessee's use, occupancy or possession of the Premises. All amounts payable by Lessee but not paid when due may be paid by Lessor and collectible by Lessor as though the same were Additional Rent hereunder.
Section 8.02. Nothing contained herein shall be construed to require Lessee to pay any transfer, estate, inheritance succession, or gift tax or taxes imposed in respect of any devise or gift of any interest of Lessor or its successors or assigns in the Premises, nor any income tax imposed in respect of Lessor's income from the premises.
Section 8.03. Except as permitted by Section 8.04, the taxes, assessments and other impositions to be paid by Lessee in this Article VIII shall be paid before any delinquency can occur therein or to any part or installment thereof, and certificates of payment shall be delivered to Lessor upon request.
Section 8.04. Both Lessor and Lessee shall have the right to contest the legality or validity of any of the taxes, assessments or other impositions herein provi...
Taxes, Assessments and Utility Charges. The Institution shall pay when due at its own expense, and hold the Issuer harmless from, all taxes, assessments, water and sewer charges and other impositions, if any, which may be levied or assessed upon the Institution or any of its property. The Institution shall file exemption certificates as required by law. The Institution agrees to exhibit to the Issuer within ten (10) days after written demand by the Issuer, certificates or receipts issued by the appropriate authority showing full payment of all taxes, assessments, water and sewer charges and other impositions; provided, however, the Institution may, in good faith, contest any such taxes, assessments and other charges. In the event of any such proceedings, the Institution shall pay such taxes, assessments or other charges so contested, or, at its option, allow the same to remain unpaid during the period of such proceedings and any appeal therefrom, provided, however, that (i) neither the Project nor any part thereof or interest therein would be in any immediate danger of being sold, forfeited or lost by reason of such proceedings, and (ii) the Institution shall have set aside on its books adequate reserves with respect thereto and shall have furnished such security, if any, as may be required in such proceedings.
Taxes, Assessments and Utility Charges. 3.01. For the purpose of this Lease, "Applicable Taxes" shall mean:
Taxes, Assessments and Utility Charges. Except where the failure of which would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect, pay all Taxes when due, other than Taxes which are being contested in good faith (in which case it shall notify the Administrative Agent of any dispute with the relevant tax authorities).
Taxes, Assessments and Utility Charges. (A) The Company agrees
(B) Notwithstanding the provisions of subsection (A) of this Section 6.2, the Company may in good faith actively contest any such taxes, assessments and other charges, provided that the Company (1) first shall have notified the Agency in writing of such contest and (2) is not in default under any of the Basic Documents. Otherwise, the Company shall promptly take such action with respect thereto as shall be satisfactory to the Agency.
Taxes, Assessments and Utility Charges. (A) The Company shall pay or cause to be paid, as the same respectively become due, (1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Project Facility, (2) all utility and other charges, including "service charges", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, and (3) all assessments, rents and other charges of any kind whatsoever lawfully made by any Governmental Authority for public improvements; provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated hereunder to pay only such installments as are required to be paid during all periods that sums payable by the Company hereunder or under any of the other Financing Documents are due and owing.
(B) Notwithstanding the provisions of subsection (A) of this Section 6.2 but subject, however, to the provisions of Section 2.02(B)(3)(b) of the PILOT Agreement, the Company may in good faith actively contest any such taxes, assessments and other charges, provided that the Company shall have paid such taxes.
