Liability for Uncollected Tax, Interest and Penalty Sample Clauses

Liability for Uncollected Tax, Interest and Penalty. If the Providing Party has not received an exemption certificate from the Purchasing Party and the Providing Party fails to xxxx the Purchasing Party for any Tax as required by Section 41.1, then, as between the Providing Party and the Purchasing Party, (a) the Purchasing Party shall remain liable for such unbilled Tax and (b) the Providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such unbilled Tax by such authority. If the Providing Party properly bills the Purchasing Party for any Tax but the Purchasing Party fails to remit such Tax to the Providing Party as required by Section 41.1, then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. If the Providing Party does not collect any Tax as required by Section 41.1 because the Purchasing Party has provided such Providing Party with an exemption certificate that is later found to be inadequate by a taxing authority, then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. If the Purchasing Party fails to pay the Receipts Tax as required by Section 41.2, then, as between the Providing Party and the Purchasing Party, (x) the Providing Party shall be liable for any Tax imposed on its receipts and (y) the Purchasing Party shall be liable for any interest assessed thereon and any penalty assessed upon the Providing Party with respect to such Tax by such authority. If the Purchasing Party fails to impose and/or collect any Tax from Subscribers as required by Section 41.3, then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall remain liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. With respect to any Tax that the Purchasing Party has agreed to pay, or is required to impose on and/or collect from Subscribers, the Purchasing Party agrees to indemnify and hold the Providing Party harmless on an after-tax basis for any costs incurred by the Providing Party as a result of actions taken by the applic...

Liability for Uncollected Tax, Interest and Penalty. 41.5.1 If the Providing Party has not received an exemption certificate or other appropriate exemption documentation from the Purchasing Party and the Providing Party fails to bill the Purchasing Party for any Tax as required by Section 41.1, then, as between the Providing Party and the Purchasing Party, (a) the Purchasing Party shall remain liable for such unbilled Tax and any interest assessed thereon and (b) the Providing Party shall be liable for any penalty assessed with respect to such unbilled Tax by a taxing authority. 41.5.2 If the Providing Party properly bills the Purchasing Party for any Tax but the Purchasing Party fails to remit such Tax to the Providing Party as required by Section 41.2, then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. 41.5.3 If the Providing Party does not collect any Tax as required by Section 41.1 because the Purchasing Party has provided such Providing Party with an exemption certificate that is later found to be inadequate, invalid or inapplicable by a taxing authority, then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority.

Liability for Uncollected Tax, Interest and Penalty. If the providing Party has not received an exemption certificate and fails to collect any Tax as required by Subsection 28.7.1, then, as between the providing Party and the purchasing Party, (i) the purchasing Party shall remain liable for such uncollected Tax and (ii) the providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such uncollected Tax by such authority. If the providing Party properly bills the purchasing Party for any Tax but the purchasing Party fails to remit such Tax to the providing Party as required by Subsection 28.7.1, then, as between the providing Party and the purchasing Party, the purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. If the providing Party does not collect any Tax as required by Subsection 28.7.1 because the purchasing Party has

Liability for Uncollected Tax, Interest and Penalty. 41.5.1 If the Providing Party has not received an exemption certificate from the Purchasing Party and the Providing Party fails to bill the Purchasing Party for any Tax as required by Section 41.1, then, as between the Providing Party and the Purchasing Party, (a) the Purchasing Party shall remain liable for such unbilled Tax and any interest assessed thereon and (b) the Providing Party shall be liable for any penalty assessed with respect to such unbilled Tax by a taxing authority. 41.5.2 If the Providing Party properly bills the Purchasing Party for any Tax but the Purchasing Party fails to remit such Tax to the Providing Party as required by Section 41.2, then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such BLCSC compv3.3 22 uncollecteTdaxandanyinteresatssessetdhereona,swellasany penaltyassessewdithrespecttosuchuncollecteTdaxbythe applicablteaxingauthority. 41.5.3 IftheProvidinPgartydoesnotcollecat nyTaxasrequiredbySection 41.1becaustehePurchasinPgartyhasprovidesduchProvidinPgarty withanexemptiocnertificattehatis laterfoundtobeinadequate, invalidorinapplicabbleya taxingauthorityth, en,asbetweetnhe ProvidinPgartyandthePurchasinPgartyt,hePurchasinPgartyshall beliableforsuchuncollecteTdaxandanyinteresatssessetdhereon, aswellasanypenaltyassessewdithrespecttosuchuncollecteTdax bytheapplicablteaxingauthority.

Liability for Uncollected Tax, Interest and Penalty. If the providing Party has not received an exemption certificate and fails to collect any Tax as required by Section 40.1, then (a) the purchasing Party shall remain liable for such uncollected Tax and (b) the providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such uncollected Tax by such authority.

Liability for Uncollected Tax, Interest and Penalty. If the providing Party has not received an exemption certificate and fails to collect any Tax as required by Section 41.1, then, as between the providing Party and the purchasing Party, (a) the purchasing Party shall remain liable for such uncollected Tax and (b) the providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such uncollected Tax by such authority. If the providing Party properly bills the purchasing Party for any Tax but the purchasing Party fails to remit such Tax to the providing Party as required by Section 41.1, then, as between the providing Party and the purchasing Party, the purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as the applicable taxing authority. With respect to any Tax that the purchasing Party has agreed to pay, or is required to impose on and/or collect from Subscribers, the purchasing Party agrees to indemnify and hold the providing Party harmless on an after-tax basis for any costs incurred by the providing Party as a result of actions taken by the applicable taxing authority to recover the Tax from the providing Party due to the failure of the purchasing Party to timely pay, or collect and timely remit, such Tax to such authority. In the event either Party is audited by a taxing authority, the other Party agrees to cooperate fully with the Party being audited in order to respond to any audit inquiries in a proper and timely manner so that the audit and/or any resulting controversy may be resolved expeditiously.

Liability for Uncollected Tax, Interest and Penalty. 41.5.1 If the Providing Party has not received an exemption certificate from the Purchasing Party and the Providing Party fails to bill the Purchasing Party for any Tax as required by Section 41.1, then, as BullsEye SCCompv3.2.doc 22 betweetnheProvidinPgartyandthePurchasinPgarty(,a)the PurchasinPgartyshalrl emainliableforsuchunbilledTaxandany interesat ssessetdhereoannd(b)theProvidinPgartyshallbeliable foranypenaltayssessewdithrespecttosuchunbilieTdaxbya taxing authority. IftheProvidinPgartyproperlbyillsthePurchasinPgartyforanyTax butthePurchasinPgartyfailstoremist uchTaxtotheProvidinPgarty asrequiredbySection41.2,then,asbetweetnheProvidinPgartyand thePurchasinPgartyt,hePurchasinPgartyshalbl eliableforsuch uncollecteTdaxandanyinteresat ssessetdhereona,swellasany penaltyassessewdithrespecttosuchuncollecteTdaxbythe applicablteaxingauthority. IftheProvidinPgartydoesnotcollecat nyTaxas requirebdySection 41.1becaustehePurchasinPgartyhasprovidesduchProvidinPgarty withanexemptiocnertificattehatis laterfoundtobeinadequate, invalidorinapplicabbleyataxingauthorityth, en,asbetweetnhe ProvidinPgartyandthePurchasinPgartyt,hePurchasinPgartyshall beliableforsuchuncollecteTdaxandanyinteresatssessetdhereon, aswellasanypenaltyassessewdithrespecttosuchuncollecteTdax bytheapplicabtlaexingauthority. IfthePurchasinPgartyfailstopaytheReceiptTsaxasrequirebdy Section41.2t,hen,asbetweetnheProvidinPgartyandthe PurchasinPgarty(,a)theProvidinPgartyshalbl eliableforanyTax imposedonitsreceiptasnd(b)thePurchasinPgartyshalbl eliablefor anyinteresat ssessetdhereoanndanypenaltyassesseudponthe ProvidinPgartywithrespecttosuchTaxbytheapplicablteaxing authority. IfthePurchasinPgartyfailstoimposeand/ocrollecat nyTaxfrom SubscribearssrequirebdySection41.3t,hen,asbetweetnhe ProvidinPgartyandthePurchasinPgartyt,hePurchasinPgartyshall remainliableforsuchuncollecteTdaxandanyinteresatssessed thereona,swellasanypenaltayssessewdithrespecttosuch uncollecteTdaxbytheapplicablteaxingauthorityW. ithrespecttoany TaxthatthePurchasinPgartyhasagreedtopay,oris requiretdo imposeonand/ocrollecftromSubscribertsh,ePurchasinPgarty agreestoindemnifayndholdtheProvidinPgartyharmlesosnanafter- taxbasisforanycostsincurred by the Providing Party as a result of actions taken by the applicable taxing authority to recover the Tax from the Providing Party due to the failure of the Purchasing Party to timely pay, or collect and timely remit, such Tax to such authority.

Liability for Uncollected Tax, Interest and Penalty. If the providing Party has not received an exemption certificate and fails to collect any Tax as required by Section 41.1, then, as between the providing Party and the purchasing Party, (a) the purchasing Party shall remain liable for such uncollected Tax and (b) the providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such uncollected Tax by such authority. If the providing Party properly bills the purchasing Party for any Tax but the purchasing Party the applicable taxing authority. With respect to any Tax that the purchasing Party has agreed to pay, or is required to impose on and/or collect from Subscribers, the purchasing Party agrees to indemnify and hold the providing Party harmless on an after-tax basis for any costs incurred by the providing Party as a result of actions taken by the applicable taxing authority to recover the Tax from the providing Party due to the failure of the purchasing Party to timely pay, or collect and timely remit, such Tax to such authority. In the event a taxing authority audits either Party, the other Party agrees to cooperate fully with the Party being audited in order to respond to any audit inquiries in a proper and timely manner so that the audit and/or any resulting controversy may be resolved expeditiously.