Common use of Taxes and Other Governmental Charges and Utility Charges Clause in Contracts

Taxes and Other Governmental Charges and Utility Charges. The Company will promptly pay, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project or any portion thereof or with respect to the original issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied against the Company or the Issuer upon or with respect to the income or profits of the Issuer from the Project or a charge on the Subrentals prior to or on a parity with the charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenture, and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, all assessments and charges lawfully made by any governmental body against the Company or the Issuer for or on account of the Project and in addition any excise tax levied against the Company or the Issuer on the Subrentals or the Mortgage Bond, provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during the Lease Term. If the Company shall first notify the Trustee of its intention so to do, the Company may, at its expense and in its own name and behalf or in the name and behalf of the Issuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by nonpayment of any such items the lien of the Indenture as to any part of the Subrentals or the Mortgage Bond will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Issuer, with the Trustee. The Issuer will cooperate fully with the Company in any such contest.

Taxes and Other Governmental Charges and Utility Charges. The Company will promptly Subject to Section 5.07 hereof, the Lessee agrees to pay, as the same respectively same, respectively, become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project or any portion thereof structures or with respect to other property installed or brought by the original issuance of the BondsLessee therein or thereon, including, without limiting the generality of the foregoing, any taxes levied against the Company or the Issuer upon or with respect to the income or profits of the Issuer Lessor from the Project which, if not paid, would become a lien or a charge on the Subrentals prior to or on a parity with revenues and receipts from the charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenture, and including all payments in lieu leasing of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, Project and all assessments and charges lawfully made by any governmental body against the Company or the Issuer for or on account of the Project and in addition any excise tax levied against the Company or the Issuer public improvements that may be secured by a lien on the Subrentals or the Mortgage BondProject; provided, provided that, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company Lessee shall be obligated to pay only such installments as are required to be paid during the Lease Term. If the Company shall first notify the Trustee of its intention so to do, the Company The Lessee may, at its expense and in its own name and behalf or in the name and behalf of the IssuerLessor, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by nonpayment non- payment of any such items the lien of this Agreement will be materially endangered or the Indenture as to Project or any part of the Subrentals or the Mortgage Bond thereof will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the IssuerLessor, with the TrusteeLessor. The Issuer Lessor will cooperate fully with the Company Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum equal to ten percent (10%), the Lessee agrees to pay.

Taxes and Other Governmental Charges and Utility Charges. The Company will promptly payLessee shall pay when due all gas, as water, steam, electricity, heat, power, telephone and other charges incurred in the same respectively become dueoperation, maintenance, use, occupancy and upkeep of the Renewable Energy Projects. The Lessee shall also pay all property and excise taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project or any portion thereof or with respect to the original issuance of the Bonds, including, without limiting the generality of the foregoing, Renewable Energy Projects or any taxes levied against the Company part thereof or the Issuer upon or Lease Payments, which become due during the Term of this Company Lease Agreement with respect to the income or profits of the Issuer from the Project or a charge on the Subrentals prior to or on a parity with the charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenturethereto, and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, all special assessments and charges lawfully made by any governmental body against the Company or the Issuer for or on account of the Project and in addition any excise tax levied against the Company or the Issuer public improvements that may be secured by a lien on the Subrentals or the Mortgage BondRenewable Energy Projects; provided, provided thathowever, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Company Lease TermAgreement as and when the same become due. If The Lessee shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate or other similar tax payable by the Company shall first notify Lessor, its successors or assigns, unless such tax is made in lieu of or as a substitute for any real estate or other tax upon property and arises out of or is levied upon the Trustee of its intention so to do, Lessor’s interest in the Company Renewable Energy Projects hereunder. The Lessee may, at its own expense and in its own name and behalf or in the name and behalf of the IssuerLessor’s name, contest in good faith contest any such taxes, assessments and or utility or other charges (and the Lessor shall cooperate fully in any such contest) and, in the event of any such contest, may permit the such taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom therefrom, unless the Issuer or the Trustee Lessor shall notify the Company that Lessee that, in the opinion of independent counsel, by nonpayment of any such items items, the lien interest of the Indenture as to Lessor in the Renewable Energy Projects shall be materially endangered, or the Renewable Energy Projects or any part of the Subrentals or the Mortgage Bond will thereof shall be subject to loss or forfeiture, in which event the Lessee shall promptly pay such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to provide the Issuer, Lessor with the Trustee. The Issuer will cooperate fully with the Company in full security against any such contestloss or forfeiture that may result from nonpayment.

Taxes and Other Governmental Charges and Utility Charges. The Company will make, or will cause to be made, promptly pay, as all payments due during the same respectively become due, all Term of this Loan Agreement on taxes and governmental charges of any kind whatsoever that may at any time be special assessments lawfully assessed or levied against the Company or the Issuer with respect to the Project or any portion thereof or with respect to the original issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied against the Company or the Issuer upon or with respect to the income Project, other charges lawfully made by any governmental body for public improvements that may be or profits of the Issuer from the Project or become secured by a charge lien on the Subrentals prior to or on a parity with the charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenture, and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all and utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, all assessments and including but not limited to taxes or governmental charges lawfully made by on any governmental body against property of the Company brought in or upon the Issuer for Project, sales and other excise taxes on products thereof, and any taxes levied upon or with respect to income or profits from the Project which, if not paid, would become a lien thereon prior to or on account a parity with the lien of the Project Mortgage or prior to or on a parity with the pledge and assignment of such revenues and receipts made in addition any excise tax levied against the Company or the Issuer on the Subrentals or the Mortgage Bond, provided that, with Mortgage. With respect to special assessments or other 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 Lease TermTerm of this Loan Agreement. If Notwithstanding the Company shall first notify the Trustee of its intention so to doforegoing, the Company may, at its expense and in its own name and behalf or in the name and behalf of the Issuerexpense, in good faith faith, contest any such taxes, assessments and other charges andcharges, provided that such contest will not subject the Project or any part thereof to loss or forfeiture and provided that the Company shall first deposit with the Trustee a surety bond or cash in the event amount of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during being contested, pending the period outcome of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by nonpayment of any such items the lien of the Indenture as to any part of the Subrentals or the Mortgage Bond will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Issuer, with the Trustee. The Issuer will cooperate fully with the Company in any such contest.

Taxes and Other Governmental Charges and Utility Charges. The Company will promptly Subject to Section 5.8 hereof, the Lessee agrees to pay, as the same respectively same, respectively, become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project Leased Facilities or any portion thereof structures or other property installed or brought by the Lessee therein or thereon or with respect to the original issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied against upon or with respect to the Company or original issuance of the Issuer Bonds, any taxes levied upon or with respect to the income or profits of the Issuer Lessor from the Project Leased Facilities which, if not paid, would become a lien or a charge on the Subrentals revenues and receipts from the leasing of the Leased Facilities prior to or on a parity with the lien and charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenture, Indenture and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Projectleasehold estate hereby granted and demised and leased to the Lessee, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, Leased Facilities and all assessments and charges lawfully made by any governmental body against the Company or the Issuer for or on account of the Project and in addition any excise tax levied against the Company or the Issuer public improvements that may be secured by a lien on the Subrentals or the Mortgage BondLeased Facilities; provided, provided that, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company Lessee shall be obligated to pay only such installments as are required to be paid during the Lease Term. If the Company shall first notify the Trustee of its intention so to do, the Company The Lessee may, at its expense and in its own name and on behalf or in the name and on behalf of the IssuerLessor, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by nonpayment non-payment of any such items the lien of this Agreement will be materially endangered or the Indenture as to Leased Facilities or any part of the Subrentals or the Mortgage Bond thereof will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the IssuerLessor, with the Trustee. The Issuer Lessor will cooperate fully with the Company Lessee in any such contest. In the event that the Lessee shall fail to pay any of the foregoing items required by this Section to be paid by the Lessee, the Lessor or the Trustee may (but shall be under no obligation to) pay the same and any amounts so advanced therefor by the Lessor or the Trustee shall become an additional obligation of the Lessee to the one making the advancement, which amounts, from the date thereof, together (to the extent permitted by law) with interest thereon until paid at a rate per annum which is one percentage point greater than the highest rate per annum borne by any of the Bonds issued under the Indenture, the Lessee agrees to pay. The Lessor does hereby acknowledge that, subject to the applicable law of the State, and provided no event of default (as defined in Section 9.1 hereof) exists, the Leased Facilities are to be exempt from ad valorem taxes.

Taxes and Other Governmental Charges and Utility Charges. The Company will promptly pay, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against the Company or the Issuer with respect to the Project or any portion thereof or with respect to the original issuance of the Bonds, including, without limiting the generality of the foregoing, any taxes levied against the Company or the Issuer upon or with respect to the income or profits of the Issuer from the Project or a charge on the Subrentals prior to or on a parity with the charge under the Indenture thereon and the pledge or assignment thereof to be created and made in the Indenture, and including all payments in lieu of taxes lawfully required to be paid or assessments lawfully imposed, all ad valorem taxes lawfully assessed upon the Project, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, all assessments and charges lawfully made by any governmental body against the Company or the Issuer for or on account of the Project and in addition any excise tax levied against the Company or the Issuer on the Subrentals or the Mortgage BondSubrentals, provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during the Lease Term. If the Company shall first notify the Trustee of its intention so to do, the Company may, at its expense and in its own name and behalf or in the name and behalf of the Issuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Issuer or the Trustee shall notify the Company that by nonpayment of any such items the lien of the Indenture as to any part of the Subrentals or the Mortgage Bond will be subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid promptly or secured by posting a bond, in form satisfactory to the Issuer, with the Trustee. The Issuer will cooperate fully with the Company in any such contest.