Taxes, Fees, and other Governmental Impositions. All charges for Services provided herein are exclusive of any federal, state, or local sales, use, excise, gross receipts, transaction or similar taxes, fees or surcharges (“Tax” or “Taxes”). Taxes resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law, even if the obligation to collect and remit such Taxes is placed upon the other Party. However, where the selling Party is specifically permitted by Applicable Law to collect such Taxes from the purchasing Party, such Taxes shall be borne by the Party purchasing the services. Taxes shall be billed as a separate item on the invoice in accordance with Applicable Law. The Party billing such Taxes shall, at the written request of the Party being billed, provide the billed Party with detailed information regarding billed Taxes, including the applicable Tax jurisdiction, rate, and base upon which the Tax is applied. If either Party (the Contesting Party) contests the application of any Tax collected by the other Party (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge, provided that the Contesting Party pays all reasonable costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest, provided that the Contesting Party has paid the Tax contested. If the purchasing Party provides the selling Party with a resale or other exemption certificate, the selling Party shall exempt the purchasing Party if the selling Party accepts the certificate in good faith. If a Party becomes aware that any Tax is incorrectly or erroneously collected by that Party from the other Party or paid by the other Party to that Party, the Party that received such Tax shall refund the incorrectly or erroneously collected Tax or paid Tax to the other Party.
Taxes, Fees, and other Governmental Impositions. 15.1 The parties acknowledge and agree that it is their mutual objective and intent to (i) minimize, to the extent feasible, the aggregate Impositions (as defined in Section 33.1(e)) payable with respect to the QWEST System and (ii) share such Impositions according to their respective interests in the QWEST System , and that they will cooperate with each other and coordinate their mutual efforts to achieve such objectives in accordance with the provisions of this Article XV.
Taxes, Fees, and other Governmental Impositions. 14.1 Customer shall be independently responsible for any Impositions properly payable with respect to the granted IRU(s). The parties agree that they will cooperate with each other and coordinate their mutual efforts concerning audits, or other such inquiries, filings, reports, etc., as may relate solely to the activities or transactions arising from or under this Agreement, which may be required or initiated from or by any duly authorized governmental tax authority.
Taxes, Fees, and other Governmental Impositions. 15.1 The parties acknowledge and agree that it is their mutual objective and intent to (i) minimize, to the extent feasible, the aggregate Impositions (as defined in Section 33.1(e)) payable with respect to the QWEST System and (ii) share such Impositions according to their respective interests in the QWEST System , and that they will cooperate with each other and coordinate their mutual efforts to achieve such objectives in accordance with the provisions of this Article XV. 15.2 (a) QWEST shall be responsible for and shall timely pay any and all Impositions with respect to the construction or operation of the QWEST System which Impositions are (i) imposed or assessed prior to the Acceptance Date, (ii) imposed or assessed with respect to events which occurred or property rights or obligations of QWEST which existed prior to the acceptance date; or (iii) imposed or assessed (regardless of the time) with respect to the QWEST System in exchange for the approval of construction in the original agreement which resulted in the granting of an Underlying Right. Notwithstanding the foregoing obligations, QWEST shall have the right to challenge any such Impositions so long as the challenge of such Impositions does not materially, adversely affect the title, rights or property to be delivered to GTE pursuant hereto. (b) Real and/or personal property or ad valorem taxes shall be prorated between QWEST and GTE based on the period the Property was owned by each respective party during the fiscal period for which such taxes were imposed by the taxing jurisdiction (as such fiscal period is reflected on the xxxx rendered by such taxing jurisdiction). If the fiscal period is not identified on the tax xxxx, proration between QWEST and GTE shall be calculated based on the privilege period of the taxing jurisdiction. QWEST and GTE shall pay or be reimbursed for real and/or personal property taxes (including instances in which such property taxes have been paid before the Acceptance Date) prorated on this basis. 15.3 Except as to Impositions described in paragraphs (ii) and (iii) of Section 15.2, which are clearly for QWEST's account following the Acceptance Date, QWEST shall timely pay any and all Impositions imposed upon or with respect to the QWEST System to the extent such Impositions may not feasibly be separately assessed or imposed upon or against the respective ownership interests of QWEST and GTE in the QWEST System; provided that, upon receipt of a notice of any such ...
Taxes, Fees, and other Governmental Impositions. 15.1 Qwest is responsible for Impositions with respect to the construction or operation of the Qwest Network which are (a) imposed or assessed prior to the Effective Date; or (b) imposed or assessed in exchange for the approval of the original construction of the Qwest Network.
Taxes, Fees, and other Governmental Impositions. 13.1 The parties acknowledge and agree that it is their mutual objective and intent to (a) minimize the aggregate Impositions payable with respect to the Pathnet System, and (b) share such Impositions according to their respective interests in the Pathnet System. They agree to cooperate with each other and coordinate their efforts to achieve such objectives in accordance with the provisions of this Article.
Taxes, Fees, and other Governmental Impositions. 6.2.1 Excluding taxes based on Brightspeed's net income, Customer is responsible for all taxes and fees arising in any jurisdiction imposed on or incident to the provision, sale or use of Service. This includes value added, consumption, sales, use, gross receipts, withholding, excise, access, bypass, ad valorem, franchise or other taxes, fees, duties or surcharges (e.g., regulatory and 911 surcharges), whether imposed on Brightspeed or a Brightspeed affiliate, along with similar charges stated in a Service Attachment (collectively “Taxes and Fees”). Some Taxes and Fees, and costs of administering the same, are recovered through imposition of a percentage surcharge(s) on the charges for Service. If Customer is required by law to make any deduction or withholding of withholding Taxes from any payment due hereunder to Brightspeed, then, notwithstanding anything to the contrary in this Agreement, the gross amount payable by Customer will be increased so that, after any such deduction or withholding for such withholding Taxes, the net amount received by Brightspeed will not be less than Brightspeed would have received had no such deduction or withholding been required. Charges for Service are exclusive of Taxes and Fees. Customer may present Brightspeed with an exemption certificate eliminating Brightspeed’s liability to pay certain Taxes and Fees. The exemption will apply prospectively.
Taxes, Fees, and other Governmental Impositions. 13.1 The parties acknowledge and agree that it is their mutual objective and intent to (a) minimize the aggregate taxes, fees, and other government impositions (“Impositions”) payable with respect to the Provider System Route, and (b) share such Impositions according to their respective interests in the Provider System Route. They agree to cooperate with each other and coordinate their efforts to achieve such objectives in accordance with the provisions of this Section.
Taxes, Fees, and other Governmental Impositions. 4.2 Each Party acknowledges and agrees that the rates and charges for the Services provided hereunder do not include certain Taxes which are additional and the obligation of the Customer (whether such Taxes are assessed by a governmental authority directly upon CenturyLink or the Customer). Such Taxes will be separately set forth on the invoices and will be paid by the Customer at the same time as all other charges set forth on the invoices. If the Customer believes that it should be exempt from the application and collection of certain Taxes, it will provide CenturyLink with an appropriately completed and valid Tax exemption certificate or other evidence acceptable to CenturyLink that neither CenturyLink nor the Customer is subject to such Taxes. CenturyLink will not be required to issue any exemption, credit or refund of any Tax payment for usage prior to the Customer’s submission of such acceptable Tax exemption evidence. Customer will protect, indemnify and hold CenturyLink harmless from and against any Taxes imposed by any governmental authority on or with respect to the Services furnished pursuant to this Agreement, including any interest and/or penalties related thereto.
Taxes, Fees, and other Governmental Impositions. 15.01. The provisions of this Section 15.01 shall apply only with respect to the construction phase of TAC and payment of the Recurring Service Charge pursuant to Article 9.
