Common use of Taxes; Other Payments Clause in Contracts

Taxes; Other Payments. (a) Owner and O&M Contractor agree the Fixed Fee Services to be performed may be comprised of taxable and non-taxable services for sales and use tax purposes. O&M Contractor shall itemize taxable and non-taxable services on each quarterly instalment invoice. The Fixed Fee does not include any sales, use, gross receipts, or other similar taxes (other than such taxes on O&M Contractor’s consumables), O&M Contractor shall invoice, collect and remit any applicable sales, use, gross receipts and similar taxes on the taxable services performed to the proper taxing jurisdiction. To the extent O&M Contractor includes or bills Owner for any not applicable / incorrect sales, use, gross receipts or similar taxes on non-taxable Services, and the same has been conclusively agreed between the Parties, Owner shall be entitled to a refund of such taxes from O&M Contractor immediately upon thirty (30) days from the date of the request. (b) Owner shall be responsible for all applicable sales, use, gross receipts and similar taxes levied on T&M Services performed pursuant to this Agreement; provided, however, that O&M Contractor shall separately state the price of materials, taxable services and non-taxable services on its invoice. O&M Contractor shall invoice, collect and remit any applicable sales, use, gross receipts and similar taxes to the proper taxing jurisdiction. Owner shall not be responsible for Contractor Taxes and any sales, use, gross receipts or similar taxes for which Owner, in its sole discretion, asserts any available exemption or exclusion from such taxes. O&M Contractor shall cooperate with Owner to diligently prosecute any exemption or exclusion (including, if applicable, a request for refund) asserted by Owner, in Owner’s reasonable discretion, from any sales, use, gross receipts or similar taxes on any item or services furnished in connection with the Work.

Taxes; Other Payments. (a) Owner and O&M Contractor agree the Fixed Fee Services to be performed may be comprised of taxable and non-taxable services for sales and use tax purposes. O&M Contractor shall itemize taxable and non-taxable services on each quarterly instalment invoice. The Fixed Fee does not include any sales, use, gross receipts, or other similar taxes (other than such taxes on O&M Contractor’s consumables), O&M Contractor shall invoice, collect and remit any applicable sales, use, gross receipts and similar taxes on the taxable services performed to the proper taxing jurisdiction. To the extent the O&M Contractor includes or bills Owner for any not applicable / incorrect sales, use, gross receipts or similar taxes on non-taxable Services, and the same has been conclusively agreed between the Parties, Owner shall be entitled to a refund of such taxes from O&M Contractor immediately upon thirty (30) days from the date of the request. (b) Owner shall be responsible for all applicable sales, use, gross receipts and similar taxes levied on T&M Services performed pursuant to this Agreement; provided, however, that O&M Contractor shall separately state the price of materials, taxable services and non-taxable services on its invoice. O&M Contractor shall invoice, collect and remit any applicable sales, use, gross receipts and similar taxes to the proper taxing jurisdiction. Owner shall not be responsible for Contractor Taxes and any sales, use, gross receipts or similar taxes for which Owner, in its sole discretion, asserts any available exemption or exclusion from such taxes. O&M Contractor shall cooperate with Owner to diligently prosecute any exemption or exclusion (including, if applicable, a request for refund) asserted by Owner, in Owner’s reasonable discretion, from any sales, use, gross receipts or similar taxes on any item or services furnished in connection with the Work.