Common use of Taxes Imposed on the Providing Party Clause in Contracts

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 95 contracts

Samples: Service Agreement, Service Agreement, Telecommunications

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Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing purchasing Party (a) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 33 contracts

Samples: Telecommunications, Telecommunications, Service Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 28.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 15 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications Telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 28.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 10 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 29.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 10 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (a) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 9 contracts

Samples: Interconnection Agreement, Adoption Under FCC Merger Conditions, Agreement (Wave2Wave Communications, Inc.)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing PartyParty‌ (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 9 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.. 41.3

Appears in 8 contracts

Samples: Telecommunications, Service Agreement, Amended, Extended and Restated Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (a) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 40.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any ------------------------------------ purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law Laws on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 29.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 5 contracts

Samples: Interconnection Agreement (Focal Communications Corp), Interconnection Agreement (Focal Communications Corp), Interconnection Agreement (Focal Communications Corp)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 5 contracts

Samples: Agreement (Wave2Wave Communications, Inc.), Telecommunications (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 29.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement (Harvardnet Inc), Interconnection Agreement (Harvardnet Inc)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications Telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 16(g) of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (a) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.. 41.3

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (a) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 26.6.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 23.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 Subsection 28.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Service Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (a) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 40.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.authority.‌

Appears in 1 contract

Samples: Interconnection Agreement

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Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale (as defined for tax purposes) to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 29.67 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection Agreement

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, Commonwealth, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrierLocal Exchange Carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax Tax based upon receipts (“Receipts Tax”), then the Purchasing Party Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 16.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection, Unbundling, and Resale Agreement (Cortelco Systems Puerto Rico Inc)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrierLocal Exchange Carrier, telecommunications Telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 28.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection Agreement

Taxes Imposed on the Providing Party. With W ith respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Telecommunications

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, Commonwealth, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 40.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection Agreement (Cortelco Systems Puerto Rico Inc)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party Party (a) shall provide the Providing Party with written notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Telecommunications

Taxes Imposed on the Providing Party. With respect to ------------------------------------ any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law Laws on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 29.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection Agreement (Focal Communications Corp)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable which Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party purchasing Party (ai) shall provide the Providing Party with notice in writing in accordance with Section 41.6 subsection 24.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Network Interconnection Agreement (Pac-West Telecomm Inc)

Taxes Imposed on the Providing Party. With respect to any ------------------------------------ purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable which Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company"), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts ("Receipts Tax"), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 subsection 29.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection Agreement (Focal Communications Corp)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable which Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing Party with notice in writing in accordance with Section 41.6 subsection 24.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Network Interconnection Agreement (Pac-West Telecomm Inc)

Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Servicesservices, facilities or arrangements, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing providing Party, and such Applicable Law permits the Providing providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrierLocal Exchange Carrier, telecommunications Telecommunications company or other communications company (“Telecommunications Company”), such exclusion being based solely on the fact that the Purchasing purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”), then the Purchasing Party purchasing Party (ai) shall provide the Providing providing Party with notice in writing in accordance with Section 41.6 28.6.6 of this Agreement of its intent to pay the Receipts Tax and (bii) shall timely pay the Receipts Tax to the applicable tax authority.

Appears in 1 contract

Samples: Interconnection Agreement

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