Common use of Taxes and Other Governmental Charges Clause in Contracts

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. 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.