Common use of Taxes, Other Governmental Charges and Utility Charges Clause in Contracts

Taxes, Other Governmental Charges and Utility Charges. (a) The Company covenants that it and each of its Subsidiaries and Affiliates shall duly and punctually pay all taxes, assessments (including deficiency assessments), and governmental charges or levies of any kind whatsoever ("Taxes") imposed on it or on its respective income or profits or on any of its respective properties or assets, including, without limiting the generality of the foregoing, any taxes levied upon the Project Facility which, if not paid, will become a Lien or charge upon the Project Facility or upon any payment pursuant to this Agreement, prior to the date on which penalties attach thereto. The Company shall also pay all utility, water and sewer rents, and other charges incurred in connection with the Project Facility and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a Lien on the Project Facility. (b) The Company may, at its own expense and in its own name and in good faith, contest any such taxes, assessments, and other charges, provided that such contest shall not result in a lien being placed on the Project Facility or any part thereof or result in the Project Facility being subject to loss or forfeiture, and further provided that the Company gives notice in writing of such contest to the Issuer and the Trustee. Nothing herein shall preclude the Company, at its own expense and in its own name and behalf, from applying for any tax exemption allowed by the federal government, the State, or any political subdivision which grants or may grant such tax exemption.

Taxes, Other Governmental Charges and Utility Charges. (a) The Company covenants that it and each of its Subsidiaries subsidiaries and Affiliates shall duly and punctually pay all taxes, assessments (including deficiency assessments), and governmental charges or levies of any kind whatsoever ("Taxes") imposed on it or on its respective income or profits or on any of its respective properties or assets, including, without limiting the generality of the foregoing, any taxes levied upon the Project Facility which, if not paid, will become a Lien or charge upon the Project Facility or upon any payment pursuant to this Agreement, prior to the date on which penalties attach thereto. The Company shall also pay all utility, water and sewer rents, and other charges incurred in connection with the Project Facility and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a Lien on the Project Facility. (b) The Company may, at its own expense and in its own name and in good faith, contest any such taxes, assessments, and other charges, provided that such contest shall not result in a lien being placed on the Project Facility or any part thereof or result in the Project Facility being subject to loss or forfeitureforefeiture, and further provided that the Company gives notice in writing of such contest to the Issuer and the Trustee. Nothing herein shall preclude the Company, at its own expense and in its own name and behalf, from applying for any tax exemption allowed by the federal government, the State, or any political subdivision which grants or may grant such tax exemption.

Taxes, Other Governmental Charges and Utility Charges. (ai) The Company covenants that it and each of its Subsidiaries and Affiliates shall duly and punctually pay all taxes, assessments (including deficiency assessments), and governmental charges or levies of any kind whatsoever ("Taxes") imposed on it or on its respective income or profits or on any of its respective properties or assets, including, without limiting the generality of the foregoing, any taxes levied upon the Project Facility Mortgaged Premises which, if not paid, will become a Lien or charge upon the Project Facility Mortgaged Premises or upon any payment pursuant to this Agreement, prior to the date on which penalties attach thereto. The Company shall also pay all utility, water and sewer rents, and other charges incurred in connection with the Project Facility Mortgaged Premises and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a Lien on the Project FacilityMortgaged Premises or any of its assets. (bii) The Company may, at its own expense and in its own name and in good faith, contest any such taxes, assessments, and other charges, provided that such contest shall not result in a lien being placed on the Project Facility Mortgaged Premises or any part thereof or result in the Project Facility Mortgaged Premises being subject to loss or forfeiture, and further provided that the Company gives notice in writing of such contest to the Issuer and the Trustee. Nothing herein shall preclude the Company, at its own expense and in its own name and behalf, from applying for any tax exemption allowed by the federal government, the State, or any political subdivision which grants or may grant such tax exemption.

Taxes, Other Governmental Charges and Utility Charges. (a) The Company covenants that it and each of its Subsidiaries and Affiliates shall duly and punctually pay all taxes, assessments (including deficiency assessments), and governmental charges or levies of any kind whatsoever ("Taxes") imposed on it or on its respective income or profits or on any of its respective properties or assets, including, without limiting the generality of the foregoing, any taxes levied upon the Project Facility and the Project Site which, if not paid, will become a Lien or charge upon the Project Facility or upon any payment pursuant to this Agreement, prior to the date on which penalties attach thereto. The Company shall also pay all utility, water and sewer rents, and other charges incurred in connection with the Project Facility and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a Lien on the Project Facilityor the Project Site or any of its assets. (b) The Company may, at its own expense and in its own name and in good faith, contest any such taxes, assessments, and other charges, provided that such contest shall not result in a lien being placed on the Project Facility or the Project Site or any part thereof or result in the Project Facility or the Project Site being subject to loss or forfeiture, and further provided that the Company gives notice in writing of such contest to the Issuer and the Trustee. Nothing herein shall preclude the Company, Company at its own expense and in its own name and behalf, from applying for any tax exemption allowed by the federal government, the State, or any political subdivision which grants or may grant such tax exemption.

Taxes, Other Governmental Charges and Utility Charges. (a) The Company covenants that it and each of its Subsidiaries and Affiliates the Guarantors shall duly and punctually pay pay, as the same respectively come due, all taxes, assessments (including deficiency assessments), and governmental charges or levies of any kind whatsoever ("Taxes") imposed on it or on its respective income or profits or on any of its respective properties or assets, including, without limiting the generality of the foregoing, any taxes levied upon the Project Facility which, if not paid, will become a Lien or charge upon the Project Facility or upon any payment pursuant to this Agreement, prior to the date on which penalties attach thereto. The Company shall also pay when due all utility, water and sewer rents, and other charges incurred in connection with the Project Facility and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a Lien on the Project Facility. (b) The Company may, at its own expense and in its own name and in good faith, contest any such taxes, assessments, and other charges, provided that such contest shall not result in a lien being placed on the Project Facility or any part thereof or result in the Project Facility being subject to loss or forfeiture, and further provided that the Company gives notice in writing of such contest to the Issuer Authority and the Trustee. Nothing herein shall preclude the Company, at its own expense and in its own name and behalf, from applying for any tax exemption allowed by the federal government, the State, or any political subdivision which grants or may grant such tax exemption.