Common use of Treatment of Certain Refunds and Tax Reductions Clause in Contracts

Treatment of Certain Refunds and Tax Reductions. If a Guarantee Beneficiary determines, in its sole discretion, that it has received a credit, refund or remission of any Indemnified Taxes as to which it has been indemnified by a Guarantor has paid additional amounts pursuant to this Article 6, it shall pay to the Guarantor an amount equal to such credit, refund or remission (but only to the extent of indemnity payments made, or additional amounts paid, by the Guarantor under this Article 6 with respect to the Indemnified Taxes giving rise to such refund), net of all reasonable out-of-pocket expenses of such Guarantee Beneficiary and without interest. The Guarantor shall, upon the request of such Guarantee Beneficiary, repay the amount paid over to the Guarantor (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Guarantee Beneficiary if such Guarantee Beneficiary is required to repay such refund to such Governmental Authority. This paragraph shall not be construed to require any Guarantee Beneficiary to make available its tax returns (or any other information relating to its taxes that it deems confidential) to the Guarantor or any other Person, to arrange its affairs in any particular manner or to claim any available refund or reduction.

Appears in 2 contracts

Samples: Assignment and Assumption (Kinder Morgan, Inc.), Assignment and Assumption (Kinder Morgan, Inc.)

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Treatment of Certain Refunds and Tax Reductions. If a Guarantee Beneficiary determines, in its sole discretion, that it has received a credit, refund or remission of any Indemnified Taxes as to which it has been indemnified by a the Guarantor has paid additional amounts pursuant to this Article 67, it shall pay to the Guarantor an amount equal to such credit, refund or remission (but only to the extent of indemnity payments made, or additional amounts paid, by the Guarantor under this Article 6 7 with respect to the Indemnified Taxes giving rise to such refund), net of all reasonable out-of-pocket expenses of such Guarantee Beneficiary and without interest. The Guarantor shall, upon the request of such Guarantee Beneficiary, repay the amount paid over to the Guarantor (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to such Guarantee Beneficiary if such Guarantee Beneficiary is required to repay such refund to such Governmental Authority. This paragraph shall not be construed to require any Guarantee Beneficiary to make available its tax returns (or any other information relating to its taxes that it deems confidential) to the Guarantor or any other Person, to arrange its affairs in any particular manner or to claim any available refund or reduction.

Appears in 2 contracts

Samples: Assignment and Assumption (Kinder Morgan, Inc.), Assignment and Assumption (Kinder Morgan, Inc.)

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