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Governmental Imposition definition

Governmental Imposition means taxes or fees imposed by any federal, state or local government or government agency upon the production, severance, preparation or sale of Coal hereunder, including, but not limited to, the Federal Black Lung Excise Tax, severance taxes on Coal produced or sold hereunder, reclamation fees assessed by the US government or the State of Indiana. The term does not include impositions such as generally applicable taxes including federal or state income taxes; employee benefits or payroll taxes such as employer’s Social Security, unemployment or worker’s compensation taxes or payments, or any civil or criminal money fine or penalty imposed as the result of failure to comply with any Law. Buyer shall not be entitled to any adjustment in connection with any benefit derived by Seller for any incentives granted by the U.S. government or the State of Indiana for coal production or investment in coal properties within the State of Indiana. (a) The Parties shall adjust the then-current Base Price (or the relevant Market Adjusted Base Price, as applicable) by an amount equal to changes in Seller’s costs per ton of coal sold hereunder that are caused directly by increased or decreased Governmental Impositions enacted or imposed after the Initial Price Date, or as applicable, after the date of determination of a Market Adjusted Base Price. Seller shall give prompt notice to Buyer of the amount of any such increased or decreased cost per ton of coal sold hereunder incurred by reason of such a change in Governmental Imposition (including implementation of new Governmental Impositions), along with reasonable documentation of such amounts. The adjustment to the Base Price pursuant to this Section 3.3.2 may be applied retroactively to the date on which such new or changed Government Imposition was first applied to Seller or its operations. (b) In the event of an increase in cost, such notice from Seller shall also include the increase in the then-current Base Price (or the relevant Market Adjusted Base Price, as applicable) that Seller will require, which increase may not exceed the actual increase in Seller’s costs due to such Governmental Impositions. In the event of a decrease in cost, the then-current Base Price (or the relevant Market Adjusted Base Price, as applicable) will be decreased by an amount equal to the decrease in Seller’s costs caused by Governmental Impositions enacted or changed after the then-current Base Price became effective, or the date of determ...
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Governmental Imposition means any assessment, charge, impost or levy, however denominated (but not including fines or other penalties for the failure to comply with nontax legal requirements), including any interest, penalties, or additions that is or may become payable in respect thereof, imposed by any state, local or federal or foreign Governmental Authority that may be imposed on the purchase of coal, the production or sale of Coke, on any asset or transaction of Seller related to the Coke Plant including, but not limited to, a value added tax of any type and an energy tax of any type, (with the exception of a tax measured by net income, the Indiana Gross Receipts Tax, or any withholding tax relating to a Partner’s interest in Seller).
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Governmental Imposition means all costs of compliance with all applicable federal, state and local laws and regulations as they are interpreted and enforced with respect to coal produced at the Mine, including, without limitation, all federal, state or local statutes, rules, regulations or interpretations, the rate of any excise, stamp, reclamation, severance, use, sales, license, or other tax assessment, and any charged rates of assessment (other than taxes measured on or by income not levied directly on the production of coal), business and occupations taxes, and license fees or other assessments payable on account of or for the production, mining, removal, preparation, delivery, shipment, sale, consignment or billing of coal or on instruments or documents evidencing the same or on the proceeds thereof, and any law, governmental order, rule, ordinance, regulation, stipulation, decree, or other governmental requirement of any kind, or interpretation thereof, which pertains to coal mining practices, health and safety of miners, surface subsidence, land and water reclamation, coal waste disposal and air and water quality standards. Notwithstanding any other provision of this Article VI, there shall be no price adjustment under this Article VI as a result of any noncompliance as of June 1, 1997 of the Mine with any Governmental Imposition, or any civil or criminal fines or penalties imposed for failure to comply with any Governmental Imposition currently existing or hereafter enacted. If, as and when any change in a Governmental Imposition occurring after June 1, 1997 affects the Contract Price or the costs of supplying coal from the Mine, the Contract Price shall be adjusted in the same amount that the actual cost per ton of producing, mining, removing, preparing, loading, selling, consigning and billing coal pursuant to this Agreement is reasonably increased as a result of Seller's compliance in a reasonably cost effective manner with the Governmental Imposition, including, but not limited to, any investment required to comply with the Governmental Imposition. In any case where a Governmental Imposition results in an investment cost, the adjustment to the Contract Price shall be calculated in accordance with the following formula: IY ------ TX Y = For the year the investment is made, the portion of such year remaining after the date of such investment (expressed in decimal form). For each twelve-month period thereafter, Y = 1.0. I = The dollar cost of the investment. T = The shor...
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Examples of Governmental Imposition in a sentence

  • Seller shall give prompt notice to Buyer of the amount of any such increased or decreased cost per Ton of Coal sold hereunder incurred by reason of a change of Governmental Imposition along with detailed documentation of such amount which shall be supported by Seller’s accounting records and other documents establishing the basis for the change which are subject to Buyer’s audit.

  • Any adjustment to the Contract Price under this Section 4.3 will be effective as of the date the change in Governmental Imposition is effective.

  • Manager may defer payment of the contested Governmental Imposition pending such contest so long as such deferment shall not subject the interest of Owner in the Property to forfeiture.

  • Notwithstanding any other provision of this Section 4.3, there shall be no change in the Contract Price as a result of any noncompliance with any Government Impositions, or any civil or criminal fines or penalties imposed for failure to comply with any Governmental Imposition currently existing or hereafter enacted.

  • Of the Contract Price for any given year, $[xxx] per ton represents the initial Governmental Imposition cost pass through portion.

  • The initial Governmental Imposition cost pass through portion of the Contract Price includes $[xxx] per ton for the Federal Black Lung Fee and $[xxx] per ton for the Federal Reclamation Fee.

  • Seller shall submit to Buyer in writing, an analysis identifying the Governmental Imposition causing the cost impact and the extent of such cost impact on ownership or operation of the Mine or on the production of coal purchased hereunder and showing the calculation of the amount of change in the Base Price.

  • This chapter represents the introduction and overview of the study.

  • The sole questions for the arbitrator to decide will be the correct amount of Change in Governmental Imposition and the corresponding change in Coal prices.

  • Any Change in Governmental Imposition that is directly assessed against SELLER as a dollar per ton, a dollar per million Btu or as a percent of sales price shall be passed in its entirety to BUYER as an adjustment to the base prices, subject to the limitations in Section E below.


More Definitions of Governmental Imposition

Governmental Imposition means any taxes, fees, assessments or other obligations which are imposed by any government or governmental agency pursuant to any new law, regulation or ruling, or pursuant to changes in the interpretation or application of existing ARCH COAL SALES CO., INC. KU Contract # KUF02849 laws, regulations or rulings, which cause an increase or decrease in Seller's cost for the production, mining, or preparation of coal to be supplied to Buyer hereunder. If any Governmental Imposition is adopted or becomes effective on or after January 1, 2002, Seller shall notify Buyer and shall demonstrate to Buyer that such Governmental Imposition has increased or decreased Seller's cost of owning or operating the coal mines designated as sources hereunder as it relates to the production, mining or preparation of coal from such mines for sale to Buyer under this Agreement. The purchase price for coal to be paid by Buyer hereunder shall then be adjusted by adding or subtracting the per ton cost of the Governmental Imposition to determine an adjusted purchase price. If the Governmental Imposition will continue for the life of this Agreement, then the purchase price for subsequent Contract Years, if any, shall also be adjusted by the per ton amount of the Governmental Imposition.
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Governmental Imposition means any assessment, charge, impost or levy, however denominated (but not including fines or other penalties for the failure to comply with nontax legal requirements), including any additions that is or may become payable in respect thereof, imposed by any state, local or federal or foreign Governmental Authority that may be imposed on the purchase of coal, the production or sale of Coke, on any asset or transaction of Seller related to the Coke Plant including, but not limited to, a value added tax of any type, an energy tax of any type, (with the exception of a tax measured by net income, the Indiana Gross Receipts Tax, or any withholding tax relating to a Partner’s interest in Seller), a tax of any type on greenhouse gas emissions, or a greenhouse gas emissions pricing or trading system of any type. Governmental Impositions shall not include any assessment, charge, impost, or levy, however denominated, that is solely a result of actions or inaction by Seller (i) prior to the Execution Date or (ii) any failure to comply with Current Laws during the Term.
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Governmental Imposition means any tax, assessment, fee or other charge imposed on the production, sale or purchase of CCP by any governmental body.
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Governmental Imposition means any taxes, fees, assessments or other obligations which are imposed by any government or governmental agency pursuant to any new law, regulation or ruling, or pursuant to changes in the interpretation or application of existing laws, regulations or rulings, which cause an increase or decrease in Seller's cost for the production, mining, or preparation of coal to be supplied to Buyer hereunder. If any Governmental Imposition is adopted or becomes effective on or after January 1, 2002, Seller shall notify Buyer and shall ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB demonstrate to Buyer that such Governmental Imposition has increased or decreased Seller's cost of owning or operating the coal mines designated as sources hereunder as it relates to the production, mining or preparation of coal from such mines for sale to Buyer under this Agreement. The purchase price for coal to be paid by Buyer hereunder shall then be adjusted by adding or subtracting the per ton cost of the Governmental Imposition to determine an adjusted purchase price. If the Governmental Imposition will continue for the life of this Agreement, then the purchase price for subsequent Contract Years, if any, shall also be adjusted by the per ton amount of the Governmental Imposition.
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Governmental Imposition means all reasonable direct costs of compliance with all applicable new or revised federal, state and local laws and regulations as they are interpreted or enacted or revised and enforced after November 15, 2001, and during the Term hereof with respect to coal (excluding any non-compliance existing as of November 15, 2001, financing CONTRACT #LGE02014 costs, income tax or property tax related costs, penalties, interest, fines, costs of arbitration, mediation, litigation, or any other type of dispute resolution through all stages of appeal, payment of judgments against Seller or Seller's affiliates) or on instruments or documents evidencing the same or on the proceeds thereof (excluding financing documents), and any law, governmental order, rule, ordinance, regulation, stipulation, decree, or other governmental requirement of any kind, or interpretation thereof, which pertains to coal mining practices, health and safety of miners (excluding wages, benefits and retirement), and air and water quality standards, provided (a) such Governmental Impositions are imposed against the coal mining industry either on a regional, state or national basis; (b) Seller does not seek to allocate such costs to Buyer until the cumulative effect is a minimum of ten cents per ton); and (c) Seller notifies Buyer in writing of the obligation or potential obligation to comply with such laws within fifteen (15) days of the xxxx Xxxxxx becomes aware of such laws, setting forth the specific law or regulation and the anticipated or actual financial impact on Buyer's purchase of coal hereunder, and the anticipated or actual effective date. Additionally, the applicable Base Price hereunder shall be increased only if the price adjustment is allocated evenly to all coal produced by Seller or to all coal that is produced from the Coal Property, so that Buyer is allocated only its proportionate share of such Governmental Imposition, and the Base Price shall be decreased for any savings resulting from changes in such Governmental Imposition. If the Base Price is increased due to Governmental Impositions more than $1.00 per ton on a cumulative basis during the Term, Buyer may terminate this Agreement upon not less than thirty (30) days' written notice to Seller. Alternatively, Seller may agree, by forwarding written notice to Buyer within ten (10) days after receiving Buyer's notice of termination, to limit the cumulative Base Price increase to $1.00 per ton above the Base Price, and this Agre...
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Governmental Imposition means changes in or additions to costs or expenses caused by any environmental or other regulation, or any sales tax, property tax, energy use tax, energy carbon tax, surcharge or other governmental or regulatory fees or penalties (including without limitation emissions allowances, renewable portfolio standards, charges, fines or expenses), any ISO, RTO, imbalance market or integrated market fees or costs, or penalties, or any Authority fees or penalties, which are imposed, adopted, implemented or enforced after the execution of this Agreement or which occur as a result of a change after the execution of this Agreement in the interpretation or enforcement by the governmental or regulatory body of an existing governmental imposition, and any changes to expenditures for MEAN’s owned, purchased or leased power supply resources caused by or resulting from any change in law, rule or regulation.
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Related to Governmental Imposition

  • Governmental Charges has the meaning set forth in Section 9.2.

  • Governmental subdivision means any city, county, or combination thereof.

  • Governmental Body means any government or governmental or regulatory body thereof, or political subdivision thereof, whether federal, state, local or foreign, or any agency, instrumentality or authority thereof, or any court or arbitrator (public or private).

  • Governmental Action means all authorizations, consents, approvals, waivers, exceptions, variances, orders, licenses, exemptions, publications, filings, notices to and declarations of or with any Governmental Authority (other than requirements the failure to comply with which will not affect the validity or enforceability of any Loan Document or have a material adverse effect on the transactions contemplated by any Loan Document or any material rights, power or remedy of any Person thereunder or any other action in respect of any Governmental Authority).

  • Governmental Antitrust Authority has the meaning set forth in Section 5.08(b).

  • Governmental means any federal, state or local court or governmental or regulatory agency or authority or any arbitration board, tribunal or mediator having jurisdiction over the Company or its assets or Members.

  • Governmental Authority(ies) means any Federal, state, local, quasi-governmental instrumentality or foreign court, or governmental agency, authority, instrumentality, agency, bureau, commission, department or regulatory body.

  • Government Authority means any foreign or domestic federal, state, provincial, municipal, county, city or local legislative, administrative or regulatory authority, agency, court, body or other governmental or quasi-governmental entity with competent jurisdiction, including any supranational body.

  • Governmental Entity means any national, federal, state, municipal, local, territorial, foreign or other government or any department, commission, board, bureau, agency, regulatory authority or instrumentality thereof, or any court, judicial, administrative or arbitral body or public or private tribunal.

  • Governmental Consent means any notice to, registration, declaration or filing with, exemption or review by, or authorization, order, consent or approval of, any Governmental Entity, or the expiration or termination of any statutory waiting periods;

  • Governmental Authority means the government of the United States of America, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.

  • Governmental contract means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project for a purchase of supplies, materials, or equipment. The term includes a contract to obtain a professional or consulting service subject to Government Code, Chapter 2254.

  • Government Entity means (a) any federal, state, provincial or similar government, and any body, board, department, commission, court, tribunal, authority, agency or other instrumentality of any such government or otherwise exercising any executive, legislative, judicial, administrative or regulatory functions of such government or (b) any other government entity having jurisdiction over any matter contemplated by the Operative Agreements or relating to the observance or performance of the obligations of any of the parties to the Operative Agreements.

  • Governmental Actions means any and all consents, approvals, permits, orders, authorizations, waivers, exceptions, variances, exemptions or licenses of, or registrations, declarations or filings with, any Governmental Authority required under any Governmental Rules.

  • Governmental Consents has the meaning set forth in Section 3.5.

  • Relevant Governmental Body means the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or any successor thereto.

  • Governmental Bar Date means the date established pursuant to the Bar Date Order by which Proofs of Claim of Governmental Units must be Filed.

  • Governmental Agency means (a) any international, foreign, federal, state, county or municipal government, or political subdivision thereof, (b) any governmental or quasi-governmental agency, authority, board, bureau, commission, department, instrumentality or public body or (c) any court or administrative tribunal, each of competent jurisdiction.

  • Governmental Instrumentality means any federal, state or local department, office, instrumentality, agency, board or commission having jurisdiction over a Party or any portion of the Work, the Project or the Site.

  • Governmental Rule means any law, rule, regulation, ordinance, order, code interpretation, judgment, decree, directive, guidelines, policy or similar form of decision of any Governmental Authority.

  • Governmental Requirement means any law, statute, code, ordinance, order, determination, rule, regulation, judgment, decree, injunction, franchise, permit, certificate, license, authorization or other directive or requirement, whether now or hereinafter in effect, including, without limitation, Environmental Laws, energy regulations and occupational, safety and health standards or controls, of any Governmental Authority.

  • Governmental Agency(ies) means, individually or collectively, any federal, state, county or local governmental department, commission, board, regulatory authority or agency (including, without limitation, each applicable Regulatory Agency) with jurisdiction over the Company or a Subsidiary.

  • Environmental Authority means any foreign, federal, state, local or regional government that exercises any form of jurisdiction or authority under any Environmental Requirement.

  • Government Authorities means, without limitation, all Government departments and agencies with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods to include, without limitation, Customs, AQIS, the ATO and the RSA;

  • Improper governmental action means any action by a district officer or employee:

  • Impositions means, collectively, all taxes (including, without limitation, all taxes imposed under the laws of any State, as such laws may be amended from time to time, and all ad valorem, sales and use, or similar taxes as the same relate to or are imposed upon Landlord, Tenant or the business conducted upon the Leased Property), assessments (including, without limitation, all assessments for public improvements or benefit, whether or not commenced or completed prior to the date hereof), ground rents (including any minimum rent under any ground lease, and any additional rent or charges thereunder), water, sewer or other rents and charges, excises, tax levies, fees (including, without limitation, license, permit, inspection, authorization and similar fees), and all other governmental charges, in each case whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every character in respect of the Leased Property or the business conducted thereon by Tenant (including all interest and penalties thereon due to any failure in payment by Tenant), which at any time prior to, during or in respect of the Term hereof may be assessed or imposed on or in respect of or be a lien upon (a) Landlord’s interest in the Leased Property, (b) the Leased Property or any part thereof or any rent therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use or possession of, or sales from, or activity conducted on, or in connection with the Leased Property or the leasing or use of the Leased Property or any part thereof by Tenant; provided, however, that nothing contained herein shall be construed to require Tenant to pay and the term “Impositions” shall not include (i) any tax based on net income imposed on Landlord, (ii) any net revenue tax of Landlord, (iii) any transfer fee (but excluding any mortgage or similar tax payable in connection with a Facility Mortgage) or other tax imposed with respect to the sale, exchange or other disposition by Landlord of the Leased Property or the proceeds thereof, (iv) any single business, gross receipts tax, transaction privilege, rent or similar taxes as the same relate to or are imposed upon Landlord, (v) any interest or penalties imposed on Landlord as a result of the failure of Landlord to file any return or report timely and in the form prescribed by law or to pay any tax or imposition, except to the extent such failure is a result of a breach by Tenant of its obligations pursuant to Section 3.1.3, (vi) any impositions imposed on Landlord that are a result of Landlord not being considered a “United States person” as defined in Section 7701(a)(30) of the Code, (vii) any impositions that are enacted or adopted by their express terms as a substitute for any tax that would not have been payable by Tenant pursuant to the terms of this Agreement or (viii) any impositions imposed as a result of a breach of covenant or representation by Landlord in any agreement governing Landlord’s conduct or operation or as a result of the negligence or willful misconduct of Landlord.

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Most Referenced Definitions