Taxes and Other Governmental Charges. Company agrees to pay during the term of this Agreement, as the same respectively become due, all taxes, assessments and other governmental charges of any kind whatsoever that may at any time be lawfully assessed, levied or charged against or with respect to the Project; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, Company shall be obligated to pay only such installments as may have become due and provided further that nothing herein shall be construed as obligating Company to pay taxes on any interest or principal on the 2002 Series A Bonds disbursed to Bondholders. Company may, at its expense and in its own name, in good faith contest any such taxes, assessments and other governmental charges and, in the event of any such contest, may permit the taxes, assessments or other governmental charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless, in the opinion of its counsel, by nonpayment of any such items the security provided pursuant to the provisions of the Indenture will be materially endangered, in which event such taxes, charges for payments in lieu of taxes, assessments or charges shall be paid forthwith. Issuer will cooperate fully with Company in any such contest. In the event Company shall fail to pay any of the foregoing items required by this Section to be paid by Company, Issuer or Trustee may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by Issuer or Trustee shall become an additional obligation of Company to the one making the advancement, which amounts, together with interest thereon Company agrees to pay at a rate which shall be one percent above the lowest minimum lending rate publicly quoted at such time as being charged by any commercial bank which is a member of the New York Clearing House on ninety-day commercial loans to its prime commercial borrowers or the maximum rate permitted by law, whichever is lesser, until paid; provided, however, that no such advancement shall operate to relieve the Company from any default hereunder. Company may at its expense and in its own name and behalf apply for any tax exemption or exemption from payments in lieu of taxes allowed by the Commonwealth of Kentucky, or any political or taxing subdivision thereof under any existing or future provision of law which grants or may grant any such tax exemption or exempti...
Taxes and Other Governmental Charges. Before the same become delinquent, pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies lawfully imposed upon the Borrower or its income or profits or upon the Facility, all utility and other governmental charges incurred in the ownership, operation, maintenance, use, occupancy and upkeep of the Facility. However, the Borrower may contest in good faith any such taxes, assessments and other charges and, in such event, may permit the taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when the Borrower is in good faith contesting the same, so long as (a) adequate cash reserves have been established in an amount sufficient to pay any such taxes, assessments or other charges, accrued interest thereon and potential penalties or other costs relating thereto, or other adequate provision for the payment thereof shall have been made, (b) enforcement of the contested tax, assessment or other charge is effectively stayed for the entire duration of such contest, and (c) any tax, assessment or other charge determined to be due, together with any interest or penalties thereon, is promptly paid after resolution of such contest.
Taxes and Other Governmental Charges. Lessee shall pay, as the same become due, all taxes and governmental charges of any kind whatsoever that any time may be lawfully assessed or levied against or with respect to Lessee’s Leasehold Improvements, including any ad valorem or personal property tax that may be assessed against any leasehold interest or estate created or authorized by this Agreement. Lessee may contest any such taxes or governmental charges in good faith and with due diligence, as permitted by law.
Taxes and Other Governmental Charges. The City will pay promptly, as the same become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project.
Taxes and Other Governmental Charges. To the extent that System Owner or Host Customer becomes responsible for the payment of any tax as a result of the placement, operation or maintenance of the System on the Premises (other than taxes imposed on Host Customer after the date of this Agreement or with respect to any sales, use, excise, or similar tax imposed as a result of the sale of Electricity), System Owner is responsible for the payment of all such taxes and or assessments. Such obligation shall be limited to the construction, operation, and maintenance of the System Assets constructed by the System Owner on the Premises. System Owner has the right to challenge the lawfulness of any tax or assessment associated with the construction, operation, or maintenance of the System Assets on the Premises imposed on System Owner, or that are attributable to Host Customer for which System Owner is required to pay (including the right to obtain an exemption from such tax or assessment), Host Customer agrees to cooperate with System Owner to enable System Owner to challenge the lawfulness of any such tax or assessment or to qualify for an exemption from any such tax or assessment. System Owner will notify Host Customer of any such challenge by System Owner, and further, shall periodically inform Host Customer of all developments in connection with such challenge, including copies of any pleadings or other documents comprising the docket of any such challenge. Notwithstanding this Section 4.6, to the extent that System Owner is required to collect or may collect from Host Customer any sales, use, excise, or similar tax imposed as a result of the sale of Electricity, or as a result of the System being purchased by Host Customer, Host Customer will promptly pay such amount to System Owner to be remitted to the tax authority unless Host Customer provides System Owner with a completed exemption certificate stating the reason that it is not required to pay such taxes.
Taxes and Other Governmental Charges. The Company will make promptly all payments due during the term of this Lease on taxes and special assessments lawfully levied upon or with respect to the Land, the Plant and the Equipment, other charges lawfully made by any governmental body for public improvements, taxes or governmental charges on any property of the Company brought in or upon the Land or Plant, sales and other excise taxes on products thereof, and any taxes levied upon or with respect to income or profits from the operation of the Plant. With respect to governmental charges that may lawfully be paid in installments over a period of years, with or without interest, the Company shall be obligated to pay only such installments and interest as are required to be paid during the term of this Lease. The Company may, at its own expense, in good faith, contest any such taxes and other charges and, in the event of such contest, may permit the items so contested to remain unpaid during the period of the contest and any appeal therefrom, provided that such contest does not affect the Company’s right to operate the Plant and the Equipment.
Taxes and Other Governmental Charges. Any and all use, sales and other taxes, fees or charges of any nature whatsoever imposed by any governmental authority on or with respect to the sale of the Products to Customer shall be paid by and invoiced to Customer as an addition to the purchase price of Products (unless a sale for resale or other exemption is available which is supported by documentation reasonably satisfactory to Manufacturer).
Taxes and Other Governmental Charges. The Borrower will pay, as the same respectively become due and before penalty attaches, any taxes, license fees and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the operation of the Project Facilities. The Borrower may, at its expense in good faith contest any such taxes, assessments, license fees and other governmental charges by appropriate proceedings and, in the event of any such contest, may permit the taxes, assessments, license fees or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom if funds sufficient to satisfy the contested amount have been deposited in an escrow account satisfactory to the Lender.
Taxes and Other Governmental Charges. QAM shall pay, as the same become due, all taxes and governmental charges of any kind whatsoever that any time may be lawfully assessed or levied against or with respect to QAM’s Leased Premises Improvements, including any ad valorem or personal property tax that may be assessed against any leasehold interest or estate created or authorized by this Agreement. QAM may contest any such taxes or governmental charges in good faith and with due diligence, as permitted by law.
Taxes and Other Governmental Charges. The CONTRACTOR will pay or cause to be paid, as the same respectively become due, any taxes, special assessments, license fees and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the operations at the Project Facilities, or any improvements, equipment or related property installed or brought by the CONTRACTOR therein or thereon, or the Agreement, Grant Agreement or the interest of the City therein. The CONTRACTOR may, at its expense, in good faith contest any such taxes, assessments, license fees and other governmental charges and, in the event of any such contest, may permit the taxes, assessments, license fees or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the City shall notify the CONTRACTOR that, in the opinion of Independent Counsel, by nonpayment of any such items, the Project Facilities or any part thereof, or the revenue therefrom, will be subject to loss or forfeiture, in which event such taxes, assessments, license fees or charges shall be paid promptly.
