Common use of Taxes - Indemnity and Recourse Clause in Contracts

Taxes - Indemnity and Recourse. 1. Customer will indemnify, hold harmless, and defend (at Customer's expense) Qwest from any Customer Tax, and any Losses associated therewith, relating to or arising out of Customer's failure (to the extent not attributable to a negligent act or omission of Qwest) to pay any Customer Tax or file any return as required by law or to comply with any applicable tax laws or regulations, in accordance with this Agreement. In the event Qwest is assessed any Customer Taxes imposed by reason of this Agreement, Customer will be liable for all such taxes and the cost of defense of such assessment. 2. Qwest will indemnify, hold harmless, and defend (at Qwest's expense), Customer from and against any Losses arising from additional penalties incurred by Customer as a result of the grossly negligent failure of Qwest to provide Customer accurate and complete information in relation to DPS billing in accordance with the terms of this Agreement. 3. The obligation of Qwest and Customer with regard to any indemnity or reimbursement pursuant to this section will expire upon the later of thirty (30) days after: 1) the expiration of all applicable statutes of limitations on any potential or actual obligation or liability of Qwest and/or Customer, 2) the entry of a non-appealable final order in a court of law or administrative agency in any action brought which claims or alleges that Qwest or Customer owes any such taxes to the taxing jurisdiction, or 3) payment to the taxing jurisdiction under an agreement entered into with such taxing jurisdiction in full settlement for any and all liabilities which are, or may be alleged to be, due and payable with respect to this Agreement.

Taxes - Indemnity and Recourse. 1. Customer will indemnify, hold harmless, and defend (at Customer's expense) Qwest from any Customer Tax, and any Losses associated therewith, relating to or arising out of Customer's failure (to the extent not attributable to a negligent act or omission of Qwest) to pay any Customer Tax or file any return as required by law or to comply with any applicable tax laws or regulations, in accordance with this Agreement. In the event Qwest is assessed any Customer Taxes imposed by reason of this Agreement, Customer will be liable for all such taxes and the cost of defense of such assessment. 2. Qwest will indemnify, hold harmless, and defend (at Qwest's expense), Customer from and against any Losses arising from additional penalties incurred by Customer as a result of the grossly negligent failure of Qwest to provide Customer accurate and complete information in relation to DPS billing in accordance with the terms of this Agreement. 3. The obligation of Qwest and Customer with regard to any indemnity or reimbursement pursuant to this section Section will expire upon the later of thirty (30) days after: 1) the expiration of all applicable statutes of limitations on any potential or actual obligation or liability of Qwest and/or Customer, 2) the entry of a non-appealable final order in a court of law or administrative agency in any action brought which claims or alleges that Qwest or Customer owes any such taxes to the taxing jurisdiction, or 3) payment to the taxing jurisdiction under an agreement entered into with such taxing jurisdiction in full settlement for any and all liabilities which are, or may be alleged to be, due and payable with respect to this Agreement.. Notice The information contained herein should not be disclosed to unauthorized persons. It is meant for use by authorized representatives of Qwest and Customer only. DPS B&C Contract CDS-XXXXXXXXXX