Common use of Governmental Charges Clause in Contracts

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Products or the Tolling Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including ad valorem taxes, taxes related to the operation or maintenance of the Units, the Facility; or the Site, the provision of Tolling Services or the use or consumption of Gas or other fuels, and other taxes attributable to the Units, land, land rights or interests in land for the Units. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Products from the Electrical Delivery Point and before and at the Gas Delivery Point. In the event a Party is required by Law or regulation to remit or pay Governmental Charges which are the other Party’s responsibility hereunder, the Party that is assessed shall provide Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Governmental Charges when due and invoice the responsible Party in accordance with Article VI and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which the responsible Party reimburses the assessed Party (cumulatively, the “Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges from which it is exempt under the Law; provided that an exempt Party shall bear the responsibility of proving its exemption as necessary to avoid the unjust imposition of the tax on the other Party.

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Products or the Tolling Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including (i) ad valorem taxes, (ii) taxes related to the operation or maintenance of the Units, the Facility; , or the Site, (iii) taxes related to the provision of Tolling Services or the use or consumption of Gas or other fuelsFuels, and (iv) other taxes attributable to the Units, land, land rights or interests in land for the UnitsUnits or the Facility. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Products from the Electrical Delivery Point and with respect to Gas before and at the Gas Delivery Point. In the event a Party is required by Law or regulation to remit or pay Governmental Charges which are the other Party’s responsibility hereunder, the Party that is assessed shall provide Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Governmental Charges when due and invoice the responsible Party in accordance with Article VI and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which the responsible Party reimburses the assessed Party (cumulatively, the “Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges from which it is exempt under the Law; provided that an exempt Party shall bear the responsibility of proving its exemption as necessary to avoid the unjust imposition of the tax on the other Party.

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Products or the Tolling Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including ad valorem taxes, taxes related to the operation or maintenance of the Units, the Facility; or the Site, the provision of Tolling Services or the use or consumption of Gas or other fuels, and other taxes attributable to the Units, land, land rights or interests in land for the Units. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Products from the Electrical Delivery Point and with respect to Gas before and at the Gas Delivery Point. In the event a Party is required by Law or regulation to remit or pay Governmental Charges which are the other Party’s responsibility hereunder, the Party that is assessed shall provide Notice to the Party that is responsible for such amounts due (together with supporting documentation), the assessed Party shall promptly pay such Governmental Charges when due and invoice the responsible Party in accordance with Article VI and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which the responsible Party reimburses the assessed Party (cumulatively, the “Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges from which it is exempt under the Law; provided that an exempt Party shall bear the responsibility of proving its exemption as necessary to avoid the unjust imposition of the tax on the other Party.

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Products Product or the Tolling Energy Storage Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including (a) ad valorem taxes, (b) taxes related to the operation or maintenance of the Units, the Facility; Project, or the Site, (c) taxes related to the provision of Tolling Energy Storage Services or the use or consumption of Gas or other fuelsCharging Energy, and (d) other taxes attributable to the Units, the Project, land, land rights or interests in land for the UnitsUnits or the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to (x) the Products Product from the Electrical Delivery Point and before and at (y) Charging Energy to the Gas Electrical Delivery Point. In the event a Party is required by Law or regulation to remit or pay Governmental Charges which are the other Party’s responsibility hereunder, the assessed Party that is assessed shall promptly pay such Governmental Charges when due, provide Notice (together with supporting documentation) to the Party that is responsible for such amounts due (together with supporting documentation)due, the assessed Party shall promptly pay such Governmental Charges when due and invoice the responsible Party in accordance with Article VI Eleven and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI Eleven no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which the responsible Party reimburses the assessed Party (cumulatively, the “Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges from which it is exempt under the Law; provided that an exempt Party shall bear the responsibility of proving its exemption as necessary to avoid the unjust imposition of the tax on the other Party.

Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Products Product or the Tolling Energy Storage Services arising before and at the Electrical Delivery Point and with respect to Gas, after the Gas Delivery Point, including (a) ad valorem taxes, (b) taxes related to the operation or maintenance of the UnitsProject, the Facility; or the Site, (c) taxes related to the provision of Tolling Energy Storage Services or the use or consumption of Gas or other fuelsCharging Energy, and (d) other taxes attributable to the UnitsProject, land, land rights or interests in land for the UnitsProject. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to (x) the Products Product from the Electrical Delivery Point and before and at (y) Charging Energy to the Gas Electrical Delivery Point. In the event a Party is required by Law or regulation to remit or pay Governmental Charges which are the other Party’s responsibility hereunder, the assessed Party that is assessed shall promptly pay such Governmental Charges when due, provide Notice (together with supporting documentation) to the Party that is responsible for such amounts due (together with supporting documentation)due, the assessed Party shall promptly pay such Governmental Charges when due and invoice the responsible Party in accordance with Article VI Eleven and the responsible Party shall reimburse the assessed Party in full in accordance with Article VI Eleven no later than the next Monthly Payment Date, with interest at the Interest Rate from and including the date on which the assessed Party pays the Governmental Charges until (but excluding) the date on which the responsible Party reimburses the assessed Party (cumulatively, the “Governmental Charges Payment”). Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges from which it is exempt under the Law; provided that an exempt Party shall bear the responsibility of proving its exemption as necessary to avoid the unjust imposition of the tax on the other Party.