TAXES/FEES. 35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.4) and fees/regulatory surcharges (defined in Section 35.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party. 35.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 are subject to the indemnification provisions of Section 25, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 41 contracts
Samples: Interconnection Agreement, Resale Agreement, Resale Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 26 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
TAXES/FEES. 35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.435.4 but excluding any taxes levied on income) and fees/regulatory surcharges (defined in Section 35.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 are subject to the indemnification provisions of Section 25, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 24 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC Xxxxxxx is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC Carrier is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC Carrier is responsible for submitting and/or filing tax exempt status information to the appropriate regulatoryState, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLECXxxxxxx’s representations to CenturyLink concerning the status of CLECCarrier’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 7 contracts
Samples: Commercial Mobile Radio Services Agreement, Commercial Mobile Radio Services Agreement, Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatoryState, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 4 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC Xxxxxxx is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC Carrier is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC Carrier is responsible for submitting and/or filing tax exempt status information to the appropriate regulatoryState, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning Xxxxxxx ning the status of CLEC’s Carrier claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 2 contracts
Samples: Commercial Mobile Radio Services Agreement, Commercial Mobile Radio Services Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.and
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
TAXES/FEES. 35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.4) and fees/regulatory surcharges (defined in Section 35.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall reasonably cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLECXXXX’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 are subject to the indemnification provisions of Section 25, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 2 contracts
Samples: Traffic Exchange Agreement, Traffic Exchange Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC each Party is responsible for furnishing tax exempt status information to CenturyLink the other Party at the time of the execution of the Agreement. CLEC Each Party is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink the other Party during the Term of this Agreement. In addition, CLEC each Party is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLECeach Party’s representations to CenturyLink the other Party concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLinkthe Party to whom such representations have been made.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
TAXES/FEES. 35.1
32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink Brightspeed at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax tax-exempt status to CenturyLink Brightspeed during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink Brightspeed concerning the status of CLEC’s claimed tax tax-exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLinkBrightspeed.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
TAXES/FEES. 35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.435.4 but excluding any taxes levied on income) and fees/regulatory surcharges (defined in Section 35.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CLEC CenturyLink Communications LLC,is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC CenturyLink Communications LLC,is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC CenturyLink Communications LLC,is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLECCenturyLink Communications LLC,’s representations to CenturyLink concerning the status of CLECCenturyLink Communications LLC,’s claimed tax exempt status, if any, and its impact on this Section 35 are subject to the indemnification provisions of Section 25, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations underst resentations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink Brightspeed at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax tax-exempt status to CenturyLink Brightspeed during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s 's representations to CenturyLink Brightspeed concerning the status of CLEC’s 's claimed tax tax-exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLinkBrightspeed.
Appears in 1 contract
Samples: Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s XXXX's representations to CenturyLink concerning the status of CLEC’s 's claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC BullsEye is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC BullsEye is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC BullsEye is responsible for submitting and/or filing tax exempt status information to the appropriate regulatoryState, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLECBullsEye’s representations to CenturyLink concerning the status of CLECBullsEye’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Resale Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, unless it has already done so prior to execution, CLEC is responsible for furnishing current-year tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatoryState, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 DQG DJUHHG WKDW &/(&¶V UHSUHVHQWDWLRQV WR &HQWXU\/LQN FRQFHUQLQJ WKH VWDWXV RI &/(&¶V FODLPHG WD[ H[HPSW VWDWXV LI DQ\ DQG LWV LPSDFW RQ WKLV 6HFWLRQ 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Resale Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC Xxxxxxx is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC Carrier is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC Carrier is responsible for submitting and/or filing tax exempt status information to the appropriate regulatoryState, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations Carrier presentations to CenturyLink concerning the status of CLEC’s Carrier claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
TAXES/FEES. 35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.4) and fees/regulatory surcharges (defined in Section 35.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall reasonably cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 are subject to the indemnification provisions of Section 25, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Traffic Exchange Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Traffic Exchange Agreement
TAXES/FEES. 35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.4) and fees/regulatory surcharges (defined in Section 35.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate regulatory, municipality, local governing, and/or legislative body. It is expressly understood and agreed that CLECXXXX’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if any, and its impact on this Section 35 are subject to the indemnification provisions of Section 25, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Interconnection Agreement
TAXES/FEES. 35.1 32.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 32.3 and 35.432.4) and fees/regulatory surcharges (defined in Section 35.532.5) 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 same is placed upon the other Party. The collecting Party shall charge and collect from the obligated Party, and the obligated Party agrees to pay to the collecting Party, all applicable taxes, or fees/regulatory surcharges, except to the extent that the obligated Party notifies the collecting Party and provides to the collecting Party appropriate documentation as the collecting Party reasonably requires that qualifies the obligated Party for a full or partial exemption. Any such taxes shall be shown as separate items on applicable billing documents between the Parties. The obligated Party may contest the same in good faith, at its own expense, and shall be entitled to the benefit of any refund or recovery, provided that such Party shall not permit any lien to exist on any asset of the other Party by reason of the contest. The collecting Party shall cooperate in any such contest by the other Party. The other Party will indemnify the collecting Party from any sales or use taxes that may be subsequently levied on payments by the other Party to the collecting Party.
35.2 32.2 Notwithstanding anything to the contrary contained herein, CLEC is responsible for furnishing tax exempt status information to CenturyLink at the time of the execution of the Agreement. CLEC is also responsible for furnishing any updates or changes in its tax exempt status to CenturyLink during the Term of this Agreement. In addition, CLEC is responsible for submitting and/or filing tax exempt status information to the appropriate State, regulatory, municipality, local governing, regulatory and/or legislative body. It is expressly understood and agreed that CLEC’s representations to CenturyLink concerning the status of CLEC’s claimed tax exempt status, if CenturyLi any, and its impact on this Section 35 32 are subject to the indemnification provisions of Section 2522, which, for purposes of this Section, serve to indemnify CenturyLink.
Appears in 1 contract
Samples: Interconnection Agreement