Common use of Taxes; Other Payments Clause in Contracts

Taxes; Other Payments. (a) Owner and O&M Contractor agree the Fixed Fee Services to be performed may be comprised of taxable and non-taxable services for sales and use tax purposes. O&M Contractor shall itemize taxable and non-taxable services on each quarterly instalment invoice. The Fixed Fee does not include any sales, use, gross receipts, or other similar taxes (other than such taxes on O&M Contractor’s consumables), O&M Contractor shall invoice, collect and remit any applicable sales, use, gross receipts and similar taxes on the taxable services performed to the proper taxing jurisdiction. To the extent O&M Contractor includes or bills Owner for any not applicable / incorrect sales, use, gross receipts or similar taxes on non-taxable Services, and the same has been conclusively agreed between the Parties, Owner shall be entitled to a refund of such taxes from O&M Contractor immediately upon thirty (30) days from the date of the request.

Taxes; Other Payments. (a) Owner and O&M Contractor agree the Fixed Fee Services to be performed may be comprised of taxable and non-taxable services for sales and use tax purposes. O&M Contractor shall itemize taxable and non-taxable services on each quarterly instalment invoice. The Fixed Fee does not include any sales, use, gross receipts, or other similar taxes (other than such taxes on O&M Contractor’s consumables), O&M Contractor shall invoice, collect and remit any applicable sales, use, gross receipts and similar taxes on the taxable services performed to the proper taxing jurisdiction. To the extent the O&M Contractor includes or bills Owner for any not applicable / incorrect sales, use, gross receipts or similar taxes on non-taxable Services, and the same has been conclusively agreed between the Parties, Owner shall be entitled to a refund of such taxes from O&M Contractor immediately upon thirty (30) days from the date of the request.