Common use of Taxes, Assessments and Utility Charges Clause in Contracts

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. (aA) The Company shall paypay or cause to be paid, as the same respectively become due, subject to Section 6.8, (i1) 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 FacilityMortgaged Property, (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, (ii2) all utility and other charges charges, including "service charges", incurred or imposed for or with resect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project FacilityMortgaged Property, and (iii3) all assessments and charges of any kind whatsoever lawfully made by any governmental body 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 under this Agreement Mortgage to pay or cause to be paid only such installments as are required to be paid during the Lease Term, and (iv) all moneys due as payments in lieu term of taxes pursuant to Section 6.8 hereofthis Mortgage. (bB) The Notwithstanding the provisions of subsection (A) of this Section 4.03, the Company may withhold any such payment and the Company may in good faith actively contest any such taxes, assessments and other charges, charges provided that the Company (1) first shall have first notified the Agency Issuer and the Bank in writing of such contest. , (c2) The Company an Event of Default has not occurred and shall defendnot be continuing under any of the Financing Documents, indemnify (3) shall have set aside adequate cash reserves for any such taxes, assessments and save other charges, and (4) demonstrates to the Agency reasonable satisfaction of the Issuer and its members, officers, agents, servants and employees harmless from any liability or expenses resulting from any failure by the Company to comply with Bank that the provisions non-payment of such items will not subject the Lien of this Section 6.3Mortgage, or subject the Project Facility or any part thereof, to loss or forfeiture. Otherwise, such taxes, assessments or charges shall be paid promptly or secured by posting a bond in form and substance satisfactory to the Issuer and the Bank.

Taxes, Assessments and Utility Charges. (aA) The Except as otherwise permitted by the Financing Documents, the Company shall paypay or cause to be paid, as the same respectively become due, subject to Section 6.8, (i1) all material 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 FacilityCollateral, (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, (ii2) all utility and other charges charges, including "service charges", incurred or imposed for or with resect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project FacilityCollateral, and (iii3) all assessments and charges of any kind whatsoever lawfully made by any governmental body 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 under this Agreement hereunder to pay only such installments as are required to be paid during all periods that sums payable by the Lease Term, Company hereunder are due and (iv) all moneys due as payments in lieu of taxes pursuant to Section 6.8 hereofowing. (bB) The Notwithstanding the provisions of subsection (A) of this Section 4.02, the Company may in good faith actively contest any such taxes, assessments and other charges, provided that the Company shall have paid such taxes, assessments and other charges if required by law to do so or provided that (1) the Company first shall have notified the Agency Holder in writing of such contest. , (c2) The no Event of Default exists hereunder or under the other Financing Documents and (3) the Company shall defendhave set aside reserves for any such taxes, indemnify assessments and save the Agency and its membersother charges in accordance with GAAP. Otherwise, officerssuch taxes, agents, servants and employees harmless from any liability assessments or expenses resulting from any failure other charges shall be paid promptly by the Company or, at the Company's option, secured by the Company's posting a bond in form and substance satisfactory to comply with the provisions of this Section 6.3Holder.

Taxes, Assessments and Utility Charges. (aA) The Company Borrower shall paypay or cause to be paid, as the same respectively become due, subject to Section 6.8, (i1) 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 FacilityCollateral, (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, (ii2) all utility and other charges charges, including "service charges", incurred or imposed for or with resect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project FacilityCollateral, and (iii3) all assessments and charges of any kind whatsoever lawfully made by any governmental body 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 Borrower shall be obligated under this Agreement hereunder to pay only such installments as are required to be paid during all periods that sums payable by the Lease Term, Borrower hereunder are due and (iv) all moneys due as payments in lieu of taxes pursuant to Section 6.8 hereofowing. (bB) The Company Notwithstanding the provisions of subsection (A) of this Section 5.02, the Borrower may in good faith actively contest any such taxes, assessments and other charges, provided that the Company Borrower shall have paid such taxes, assessments and other charges if required by law to do so or provided that (1) the Borrower first shall have notified the Agency Holder in writing of such contest. , (c2) The Company no Event of Default exists hereunder or under the other Financing Documents, (3) the Borrower shall defendhave set aside adequate reserves for any such taxes, indemnify assessments and save other charges and at the Agency option of the Holder shall have pledged such reserves to the Holder, and its members(4) the Borrower demonstrates to the reasonable satisfaction of the Holder that the nonpayment of any such items will not materially endanger the Lien of the Security Agreement in any part of the Collateral. Otherwise, officerssuch taxes, agents, servants and employees harmless from any liability assessments or expenses resulting from any failure other charges shall be paid promptly by the Company Borrower or, at the Borrower's option, secured by the Borrower's posting a bond in form and substance satisfactory to comply with the provisions of this Section 6.3Holder.