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, Affected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator for which Transmission Developer may be required to reimburse Affected System Operator under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator on a periodic basis, as invoiced by Affected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected 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 Transmission Developer to Affected System Operator 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 Affected System Operator.

Taxes Other Than Income Taxes. Upon the timely request by Transmission DeveloperXxxxxxxxx, and at Transmission Developer’s sole expense, Affected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator for which Transmission Developer may be required to reimburse Affected System Operator under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator on a periodic basis, as invoiced by Affected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected 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 Transmission Developer to Affected System Operator for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Affected System Operator.

Taxes Other Than Income Taxes. Upon the timely request by Transmission DeveloperXxxxxxxxx, and at Transmission Developer’s sole expense, Affected System Operator Transmission Owner shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator Transmission Owner for which Transmission Developer may be required to reimburse Affected System Operator Transmission Owner under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator Transmission Owner on a periodic basis, as invoiced by Affected System OperatorTransmission Owner, Affected System OperatorTransmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected System Operator 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 Affected System Operator 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 Affected System OperatorTransmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Transmission Developer, and at Transmission Developer’s sole expense, Affected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator for which Transmission Developer may be required to reimburse Affected System Operator under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator on a periodic basis, as invoiced by Affected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected 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 Transmission Developer to Affected System Operator for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Affected System Operator.

Taxes Other Than Income Taxes. Upon the timely request by Transmission Developer, and at Transmission Developer’s sole expense, Affected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator for which Transmission Developer may be required to reimburse Affected System Operator under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator on a periodic basis, as invoiced by Affected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected 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 Transmission Developer to Affected System Operator for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Affected System Operator. SERVICE AGREEMENT NO. 2598 Tax Status.

Taxes Other Than Income Taxes. Upon the timely request by Transmission DeveloperXxxxxxxxx, and at Transmission Developer’s sole expense, Affected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator for which Transmission Developer may be required to reimburse Affected System Operator under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator on a periodic basis, as invoiced by Affected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected 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 Transmission Developer to Affected System Operator for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Affected System Operator. SERVICE AGREEMENT NO. 2598 Tax Status.

Taxes Other Than Income Taxes. Upon the timely request by Transmission Developer, and at Transmission Developer’s sole expense, Affected System Operator shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against Affected System Operator for which Transmission Developer may be required to reimburse Affected System Operator under the terms of this Agreement. Transmission Developer shall pay to Affected System Operator on a periodic basis, as invoiced by Affected System Operator, Affected System Operator’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Transmission Developer and Affected 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 Transmission Developer to Affected System Operator for such 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, Transmission Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by Affected System Operator.. Tax Status.‌