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

Taxes, Assessments and Utility Charges. (A) The Company agrees to pay or cause to be paid, as the same respectively become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- payment thereof, (1) 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 Project 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 Project Facility or any part or component thereof, or the rental or sale of the Project Facility or any part thereof, and any taxes levied upon or with respect to the income or revenues of the Agency from the Project Facility, (2) 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 Project Facility, (3) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority for public improvements, and (4) all payments required under Section 6.6 hereof, 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 the term of this Lease Agreement.

Taxes, Assessments and Utility Charges. (Aa) The Company agrees to pay or cause to be paidpay, as the same respectively become due and before any fine, penalty, premium, interest (except interest which is payable in connection with legally permissible installment payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- non-payment thereof, : (1i) all taxes, assessments, 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 Project 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 Project Facility or any component part or component thereof, or the rental or sale of the Project Facility or any part thereof, thereof and any taxes levied upon or with respect to the income or revenues of the Agency Issuer from the Project Facility, Project; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, Project; and (3iii) all assessments assessments, payments-in-lieu of taxes and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, and (4) all payments required under Section 6.6 hereofprovided, 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 under this Loan Agreement to pay only such installments as are required to be paid during the term of this Lease AgreementContract Term, so long as such assessments and charges are not made delinquent by payment in installments.

Taxes, Assessments and Utility Charges. (Aa) The Company agrees to pay or cause to be paidpay, as the same respectively become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- non-payment thereof, : (1i) 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 Project 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 Project Facility or any part or component thereof, or the rental or sale of the Project Facility or any part thereof, thereof and any taxes levied upon or with respect to the income or revenues of the Agency from the Project Facility, ; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, ; (3iii) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, ; and (4iv) all payments required under Section 6.6 hereof, the PILOT Agreement; 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 under this Lease Agreement to pay only such installments as are required to be paid during the term of this Lease AgreementTerm.

Taxes, Assessments and Utility Charges. (Aa) The Subject to the exemptions from New York State Sales and Use Tax, the Company agrees to pay or cause to be paidpay, as the same respectively 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, (1i) 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 Project 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 Project Facility or any part or component thereof, or the rental or sale of the Project Facility or any part thereof, and any taxes levied upon or with respect to the income or revenues of the Agency from the Project Facility, ; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, ; (3iii) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, ; and (4iv) all payments required under Section 6.6 hereof, the Recapture Agreement; 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 under this Lease Agreement to pay only such installments as are required to be paid during the term of this Lease AgreementTerm.

Taxes, Assessments and Utility Charges. (Aa) The Company agrees to pay or cause to be paidpay, as the same respectively become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- non-payment thereof, (1i) 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 Project 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 Project Facility or any part or component thereof, or the rental or sale of the Project Facility or any part thereof, thereof and any taxes levied upon or with respect to the income or revenues of the Agency Issuer from the Project Facility, ; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, ; and (3iii) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, ; and (4iv) at the option of the Bondholder all payments insurance required under to be maintained by Section 6.6 6.4 hereof, ; 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 under this Lease Agreement to pay only such installments as are required to be paid during the term of this Lease Agreementterm.

Taxes, Assessments and Utility Charges. (A1) The Company Institution agrees to pay or cause to be paidpay, as the same respectively become due and before any fine, penalty, interest (except interest which that is payable in connection with legally permissible installment paymentsLease Payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- non-payment thereof, (1i) all taxes, payments in lieu of taxes and governmental charges of any kind whatsoever which may that at any time be lawfully assessed or levied against or with respect to the Project Facility and any machinery, equipment or other Property installed or brought by the Company Institution therein or thereon, including, without limiting the generality of the foregoing, any sales or use taxes imposed with respect to the Project Facility or any part or component thereof, or the rental or sale of the Project Facility or any part thereof, thereof and any taxes levied upon or with respect to the income or revenues of the Agency Issuer from the Project Facility, ; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, ; and (3iii) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, and (4) all payments required under Section 6.6 hereof, ; 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 Institution shall be obligated hereunder under this Lease Agreement to pay only such installments as are required to be paid during the term of this Lease AgreementTerm.

Taxes, Assessments and Utility Charges. (Aa) The Company agrees to pay or cause to be paidpay, as the same respectively become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- non-payment thereof, : (1i) 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 Project Facility Facilities 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 Project Facility Facilities or any component part or component thereof, or the rental or sale of the Project either Facility or any part thereof, thereof and any taxes levied upon or with respect to the income Income or revenues of the Agency Issuer from the Project Facility, Facilities; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, Facilities; and (3iii) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, and (4) all payments required under Section 6.6 hereofprovided, 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 under this Loan Agreement to pay only such installments as are required to be paid during the term of this Lease Agreement2017 Contract Term and the 2020 Contract Term, so long as such assessments and charges are not made delinquent by payment in installments.

Taxes, Assessments and Utility Charges. (Aa) The Company agrees to pay or cause to be paidpay, as the same respectively become due and before any fine, penalty, interest (except interest which is payable in connection with legally permissible installment payments) or other cost may be added thereto or become due or be imposed by operation of law for the non- non-payment thereof, (1i) 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 Project 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 Project Facility or any part or component thereof, or the rental or sale of the Project Facility or any part thereof, thereof and any taxes levied upon or with respect to the income or revenues of the Agency from the Project Facility, ; (2ii) all utility and other charges charges, including “service charges”, incurred or imposed for or with respect to the operation, maintenance, use, occupancy, upkeep and improvement of the Project Facility, ; (3iii) all assessments and charges of any kind whatsoever lawfully made against the Project Facility by any Governmental Authority governmental body for public improvements, ; and (4iv) all payments required under Section 6.6 hereof, the Pilot Agreement; 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 under this Lease Agreement to pay only such installments as are required to be paid during the term of this Lease AgreementTerm.