Common use of PST Clause in Contracts

PST. (a) Project Co will be required to register with the Ministry of Finance as a consumer under The Provincial Sales Tax Act (Saskatchewan) (the “PST Act”). Project Co will provide to the Authority evidence that Project Co and all Project Co Persons that will be consuming or using tangible personal property in the Province and/or bringing tools and equipment into the Province in the course of performing the Design, Construction or Services are resident in the Province of Saskatchewan or have maintained a permanent place of business in Saskatchewan for at least 12 months preceding the date of the Agreement or have deposited payment security with the Ministry of Finance in accordance with Section 29(1) of the PST Act. (b) In the event that the Authority is or becomes obligated, in connection with this Agreement, to collect from Project Co and remit any amounts in respect of PST, then Project Co shall pay such amounts to the Authority within thirty (30) days of receipt by Project Co of an invoice for such amounts containing the information required by the applicable legislation. Project Co acknowledges and agrees that any amounts paid by Project Co to the Authority pursuant to this Agreement (including payments in kind in the form of property or services) are exclusive of PST (as applicable). (c) If Project Co fails to provide evidence satisfactory to the Authority, acting reasonably, that all Project Co Persons are resident in the Province of Saskatchewan, have maintained a permanent place of business in Saskatchewan for at least 12 months preceding the date of the Agreement or have deposited appropriate security as provided in Section 10.5(a), the Authority will be entitled to withhold and retain from the Construction Period Funding, an amount equal to the tax imposed by the PST Act in respect of the tangible personal property consumed or used pursuant to or in the performance of the Agreement. Upon: (1) the issuance of the Certificate of Service Commencement for the last School to achieve School Service Commencement; and (2) Project Co delivering to the Authority a clearance certificate from the Ministry of Finance evidencing that Project Co and all Project Co Persons have paid all required PST amounts, the Authority shall release and pay to Project Co, without interest or deduction, the relevant amounts so withheld and retained.

PST. (a) Project Co will shall be required to register with the Ministry of Finance as a consumer under The the Provincial Sales Tax Act (Saskatchewan) (the “PST Act”). Project Co will shall provide to the Authority Ministry evidence that Project Co and all Project Co Persons that Parties that, in the course of performing the Project Operations, will be consuming or using tangible personal property in the Province and/or bringing tools and equipment into the Province in the course of performing the Design, Construction or Services are resident in the Province of Saskatchewan or have maintained a permanent place of business in Saskatchewan for at least 12 months preceding the date of the Project Agreement or have deposited payment security with the Ministry of Finance in accordance with Section 29(1) of the PST Act. (b) Applicable PST shall be paid simultaneously with any amount due hereunder, including, for clarity, any compensation on termination. (c) In the event that the Authority Ministry is or becomes obligated, in connection with this Project Agreement, to collect from Project Co and remit any amounts in respect of PSTPST or harmonized sales tax, then Project Co shall pay such amounts to the Authority Ministry within thirty (30) days of receipt by Project Co of an invoice for such amounts containing the information required by the applicable legislation. Project Co acknowledges and agrees that any amounts paid by Project Co to the Authority Ministry pursuant to this Project Agreement (including payments in kind in the form of property or services) are exclusive of PST (as applicable). (cd) If Project Co fails to provide evidence satisfactory to the AuthorityMinistry, acting reasonably, that all Project Co Persons Parties are resident in the Province of Saskatchewan, have maintained a permanent place of business in Saskatchewan for at least 12 months preceding the date of the Project Agreement or have deposited appropriate security as provided in Section 10.5(a33.3(a), the Authority will Ministry shall be entitled to withhold and retain from the Construction Period FundingPhase One Milestone Payment or Substantial Completion Payment, as applicable, an amount equal to the tax imposed by the PST Act in respect of the tangible personal property consumed or used pursuant to or in the performance of the Project Agreement. Upon: (1i) the issuance of the Phase One Certificate of Service Commencement for the last School to achieve School Service CommencementSubstantial Completion or Certificate of Substantial Completion, as applicable; and (2ii) Project Co delivering to the Authority Ministry a clearance certificate from the Ministry of Finance evidencing that Project Co and all Project Co Persons Parties have paid all required PST amounts, the Authority Ministry shall release and pay to Project Co, without interest or deduction, the relevant amounts so withheld and retained.