Common use of Taxes Other Than Income Taxes Clause in Contracts

Taxes Other Than Income Taxes. Upon the timely request by Project Developer, and at Project Developer’s sole expense, the 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 Transmission Owner for which Project Developer may be required to reimburse Transmission Provider under the terms of this Appendix 2 or the GIP. Project Developer shall pay to the Transmission Owner on a periodic basis, as invoiced by the Transmission Owner, the Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Project Developer and the 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 Project Developer to the 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, Project Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Project Developer, and at Project Developer’s sole expense, the 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 the Affected Transmission Owner for which Project Developer may be required to reimburse Affected Transmission Provider Owner under the terms of this Appendix 2 or the GIPAgreement. Project Developer shall pay to the Affected Transmission Owner on a periodic basis, as invoiced by the Affected Transmission Owner, the Affected Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Project Developer and 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 Project Developer to the 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, Project Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Affected Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Project DeveloperXxxxxxxxx, and at Project Developer’s sole expense, the Connecting Transmission Owner Owners shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the either Connecting Transmission Owner for which Project Developer may be required to reimburse Connecting Transmission Provider Owners under the terms of this Appendix 2 or the GIPAgreement. Project Developer shall pay to the Connecting Transmission Owner Owners on a periodic basis, as invoiced by the Connecting Transmission OwnerOwners, the Connecting Transmission Owner’s Owners’ documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Project Developer and the Connecting Transmission Owner Owners 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 Project Developer to the Connecting Transmission Owner Owners 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, Project Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Connecting Transmission OwnerOwners.

Taxes Other Than Income Taxes. Upon the timely request by Project DeveloperDeveloper Party, and at Project DeveloperDeveloper Party’s sole expense, the 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 Transmission Owner for which Project Developer Party may be required to reimburse Transmission Provider under the terms of this Appendix 2 or the GIP. Project Developer Party shall pay to the Transmission Owner on a periodic basis, as invoiced by the Transmission Owner, the Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Project Developer Party and the 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 Project Developer Party to the 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, Project Developer Party will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Transmission Owner.

Taxes Other Than Income Taxes. Upon the timely request by Project Developer, and at Project Developer’s sole expense, the 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 Transmission Owner for which Project Developer may be required to reimburse Transmission Provider under the terms of this Appendix 2 E&P Agreement or the GIP. Project Developer shall pay to the Transmission Owner on a periodic basis, as invoiced by the Transmission Owner, the Transmission Owner’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. Project Developer and the 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 Project Developer to the 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, Project Developer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Transmission Owner.