Common use of Taxes Other Than Income Taxes Clause in Contracts

Taxes Other Than Income Taxes. Upon the timely request by Transmission Developer, and at Transmission Developer’s sole expense, 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 Connecting Transmission Owner for which Transmission Developer may be required to reimburse Connecting Transmission Owner under the terms of this Agreement. Transmission Developer shall pay to Connecting Transmission Owner on a periodic basis, as invoiced by Connecting Transmission Owner, Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and 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 Transmission Developer to Connecting Transmission Owner for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Connecting Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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Taxes Other Than Income Taxes. Upon the timely request by Transmission Developer, and at Transmission Developer’s sole expense, 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 Connecting Transmission Owner for which Transmission Developer may be required to reimburse Connecting Transmission Owner under the terms of this Agreement. Transmission Developer shall pay to Connecting Transmission Owner on a periodic basis, as invoiced by Connecting Transmission Owner, Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and 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 Transmission Developer to Connecting Transmission Owner for such 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, Transmission Developer will be responsible for all taxes, interest and SERVICE AGREEMENT NO. 2734 penalties, other than penalties attributable to any delay caused by Connecting Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Taxes Other Than Income Taxes. Upon the timely request by Transmission Developer, and at Transmission Developer’s sole expense, 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 Connecting Transmission Owner for which Transmission Developer may be required to reimburse Connecting Transmission Owner under the terms of this Agreement. Transmission Developer shall pay to Connecting Transmission Owner on a periodic basis, as invoiced by Connecting Transmission Owner, Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and 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 Transmission Developer to Connecting Transmission Owner for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Connecting Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.2604

Appears in 1 contract

Samples: Service Agreement

Taxes Other Than Income Taxes. Upon the timely request by Transmission a Developer, and at Transmission the Developer’s sole expense, Connecting an Affected Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Connecting the Affected Transmission Owner for which Transmission the Developer may be required to reimburse Connecting the Affected Transmission Owner under the terms of this Agreement. Transmission The Developer shall pay to Connecting the Affected Transmission Owner on a periodic basis, as invoiced by Connecting the Affected Transmission Owner, Connecting the Affected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission The Developer and Connecting the 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 Transmission the Developer to Connecting the Affected Transmission Owner for such 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, Transmission the Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Connecting the Affected Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.

Appears in 1 contract

Samples: Service Agreement

Taxes Other Than Income Taxes. Upon the timely request by Transmission DeveloperInterconnection Customer, and at Transmission DeveloperInterconnection Customer’s sole expense, 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 Connecting Transmission Owner for which Transmission Developer Interconnection Customer may be required to reimburse Connecting Transmission Owner under the terms of this AgreementGIA. Transmission Developer Interconnection Customer shall pay to Connecting Transmission Owner on a periodic basis, as invoiced by Connecting Transmission Owner, Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer Interconnection Customer and 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 Transmission Developer Interconnection Customer to Connecting Transmission Owner for such taxes until they are FERC Electric Tariff Generator Interconnection Agreement (GIA) ATTACHMENTS 92.0.0 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, Transmission Developer Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Connecting Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.

Appears in 1 contract

Samples: Generator Interconnection Agreement

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Taxes Other Than Income Taxes. Upon the timely request by Transmission DeveloperXxxxxxxxx, and at Transmission Developer’s sole expense, 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 Connecting Transmission Owner for which Transmission Developer may be required to reimburse Connecting Transmission Owner under the terms of this Agreement. Transmission Developer shall pay to Connecting Transmission Owner on a periodic basis, as invoiced by Connecting Transmission Owner, Connecting Transmission Owner’s documented reasonable costs of prosecuting Service Agreement No. 1702 such appeal, protest, abatement, or other contest. Transmission Developer and 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 Transmission Developer to Connecting Transmission Owner for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Connecting Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.

Appears in 1 contract

Samples: Generator Interconnection Agreement

Taxes Other Than Income Taxes. Upon the timely request by Transmission DeveloperXxxxxxxxx, and at Transmission Developer’s sole expense, 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 Connecting Transmission Owner 27 SERVICE AGREEMENT NO. 2214 for which Transmission Developer may be required to reimburse Connecting Transmission Owner under the terms of this Agreement. Transmission Developer shall pay to Connecting Transmission Owner on a periodic basis, as invoiced by Connecting Transmission Owner, Connecting Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and 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 Transmission Developer to Connecting Transmission Owner for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Connecting Transmission Owner. SERVICE AGREEMENT NO. 2654 Tax Status; Non-Jurisdictional Entities.

Appears in 1 contract

Samples: Service Agreement

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