Common use of Taxes Other Than Income Taxes Clause in Contracts

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner for which Interconnection Customer may be required to reimburse Transmission Provider under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Transmission Owner on a periodic basis, as invoiced by the Interconnected Transmission Owner, the Interconnected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner for which Interconnection Customer may be required to reimburse Transmission Provider under the terms of this Interconnection Construction Service Agreement, Appendix 2 or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Transmission Owner on a periodic basis, as invoiced by the Interconnected Transmission Owner, the Interconnected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by the Interconnection Customer, and at the Interconnection Customer’s sole expense, the Interconnected Transmission Owner shall CAISO or Participating TO may appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner CAISO or Participating TO for which the Interconnection Customer may be required to reimburse Transmission Provider the CAISO or Participating TO under the terms of this Interconnection Construction Service Agreement, or Part VI of the TariffLGIA. The Interconnection Customer shall pay to the Interconnected Transmission Owner Participating TO on a periodic basis, as invoiced by the Interconnected Transmission OwnerParticipating TO, the Interconnected Transmission OwnerParticipating TO’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. The Interconnection Customer Customer, the CAISO, and the Interconnected Transmission Owner Participating TO shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by the Interconnection Customer to the Interconnected Transmission Owner CAISO or Participating TO for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, the Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission OwnerParticipating TO.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner for which Interconnection Customer may be required to reimburse Transmission Provider under the terms of this Interim Interconnection Construction Service Agreement, Agreement or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Transmission Owner on a periodic basis, as invoiced by the Interconnected Transmission Owner, the Interconnected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Connecting Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner for which Interconnection Customer may be required to reimburse Connecting Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Connecting Transmission Owner on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Connecting Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Connecting Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Interconnecting Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Interconnecting Transmission Owner for which Interconnection Customer may be required to reimburse Interconnecting Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the TariffLGIA. Interconnection Customer shall pay to the Interconnected Interconnecting Transmission Owner on a periodic basis, as invoiced by the Interconnected Interconnecting Transmission Owner, the Interconnected Interconnecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Interconnecting Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Interconnecting Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Interconnecting Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner for which Interconnection Customer may be required to reimburse Transmission Provider under the terms of this Interim Interconnection Construction Service Agreement, Agreement or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Transmission Owner on a periodic basis, as invoiced by the Interconnected Transmission Owner, the Interconnected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Transmission Owner for such contested taxes until they are assessed by a final, non-non- appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Connecting Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner for which Interconnection Customer may be required to reimburse Connecting Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Connecting Transmission Owner on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Connecting Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Connecting Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission Owner. Tax Status; Non-Jurisdictional Entities.

Taxes Other Than Income Taxes. ‌ Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner for which Interconnection Customer may be required to reimburse Transmission Provider under the terms of this Interconnection Construction Service Agreement, Appendix 2 or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected Transmission Owner on a periodic basis, as invoiced by the Interconnected Transmission Owner, the Interconnected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customera Developer, and at Interconnection Customerthe Developer’s sole expense, the Interconnected ConnectingAffected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connectingthe Affected Transmission Owner for which Interconnection Customer the Developer may be required to reimburse Connectingthe Affected Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer The Developer shall pay to the Interconnected Connectingthe Affected Transmission Owner on a periodic basis, as invoiced by the Interconnected Connectingthe Affected Transmission Owner, the Interconnected Connectingthe Affected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer The Developer and the Interconnected Connectingthe Affected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer the Developer to the Interconnected Connectingthe Affected Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer the Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connectingthe Affected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s Project Developer, and at Project Developer’s sole expense, the Interconnected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Transmission Owner for which Interconnection Customer Project Developer may be required to reimburse Transmission Provider under the terms of this Interim Interconnection Construction Service Agreement, E&P Agreement or Part VI of the TariffTariffGIP. Interconnection Customer Project Developer shall pay to the Interconnected Transmission Owner on a periodic basis, as invoiced by the Interconnected Transmission Owner, the Interconnected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer Project Developer and the Interconnected Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer Project Developer to the Interconnected Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer Project Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection CustomerDeveloperTrAILCo, and at Interconnection CustomerDeveloper’sTrAILCo’s sole expense, the Interconnected Connecting Transmission Owner OwnerNYSEG shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner OwnerNYSEG for which Interconnection Customer DeveloperTrAILCo may be required to reimburse Connecting Transmission Provider OwnerNYSEG under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer DeveloperTrAILCo shall pay to the Interconnected Connecting Transmission Owner OwnerNYSEG on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission OwnerOwner’sNYSEG, NYSEG’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer DeveloperTrAILCo and the Interconnected Connecting Transmission Owner OwnerNYSEG shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer DeveloperTrAILCo to the Interconnected Connecting Transmission Owner OwnerNYSEG for such contested taxes until they are assessed by a final, non-appealable non- appealablenonappealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer DeveloperTrAILCo will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission OwnerOwnerNYSEG.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection CustomerXxxxxxxxx, and at Interconnection CustomerDeveloper’s sole expense, the Interconnected Connecting Transmission Owner OwnerAffected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner OwnerAffected System Operator for which Interconnection Customer Developer may be required to reimburse Connecting Transmission Provider OwnerAffected System Operator under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer Developer shall pay to the Interconnected Connecting Transmission Owner OwnerAffected System Operator on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission OwnerOwner’sAffected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer Developer and the Interconnected Connecting Transmission Owner OwnerAffected System Operator shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer Developer to the Interconnected Connecting Transmission Owner OwnerAffected System Operator for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission OwnerOwnerAffected System Operator.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection CustomerDeveloperTrAILCo, and at Interconnection CustomerDeveloperTrAILCo’s sole expense, the Interconnected Connecting Transmission Owner OwnerNYSEG shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner OwnerNYSEG for which Interconnection Customer DeveloperTrAILCo may be required to reimburse Connecting Transmission Provider OwnerNYSEG under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer DeveloperTrAILCo shall pay to the Interconnected Connecting Transmission Owner OwnerNYSEG on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission OwnerOwnerNYSEG, NYSEG’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer Developer and the Interconnected Connecting Transmission Owner OwnerTrAILCo and NYSEG shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer Developer to the Interconnected Connecting Transmission Owner OwnerTrAILCo to NYSEG for such contested taxes until they are assessed by a final, non-appealable appealablenonappealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer DeveloperTrAILCo will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission OwnerOwnerNYSEG.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected an Interconnecting Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Interconnecting Transmission Owner for which Interconnection Customer may be required to reimburse Interconnecting Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the TariffLGIA. Interconnection Customer shall pay to the Interconnected Interconnecting Transmission Owner on a periodic basis, as invoiced by the Interconnected Interconnecting Transmission Owner, the Interconnected Interconnecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer and the Interconnected Interconnecting Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected Interconnecting Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Interconnecting Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected a Transmission Owner shall or the CAISO may appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected such Transmission Owner or the CAISO for which Interconnection Customer may be required to reimburse Transmission Provider Owner or the CAISO under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer shall pay to the Interconnected a Transmission Owner on a periodic basis, as invoiced by the Interconnected such Transmission Owner, the Interconnected such Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer Customer, Transmission Owner and the Interconnected Transmission Owner CAISO if applicable, shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer to the Interconnected such Transmission Owner or the CAISO for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by such Transmission Owner or the Interconnected Transmission OwnerCAISO.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection CustomerCustomerDeveloper, and at Interconnection CustomerCustomerDeveloper’s sole expense, the Interconnected Connecting Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner for which Interconnection Customer CustomerDeveloper may be required to reimburse Connecting Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection Customer CustomerDeveloper shall pay to the Interconnected Connecting Transmission Owner on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection Customer CustomerDeveloper and the Interconnected Connecting Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection Customer CustomerDeveloper to the Interconnected Connecting Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection Customer CustomerDeveloper will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Interconnection Developer, and at Developer’sInterconnection Customer, and at Interconnection Customer’s sole expense, the Interconnected Connecting Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the Interconnected Connecting Transmission Owner for which Interconnection DeveloperInterconnection Customer may be required to reimburse Connecting Transmission Provider Owner under the terms of this Interconnection Construction Service Agreement, or Part VI of the Tariff. Interconnection DeveloperInterconnection Customer shall pay to the Interconnected Connecting Transmission Owner on a periodic basis, as invoiced by the Interconnected Connecting Transmission Owner, the Interconnected Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Interconnection DeveloperInterconnection Customer and the Interconnected Connecting Transmission Owner shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by Interconnection DeveloperInterconnection Customer to the Interconnected Connecting Transmission Owner for such contested taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection DeveloperInterconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Interconnected Connecting Transmission Owner. 5.18 5.18 Tax Status; Non-Jurisdictional Entities.