Texas' occasional sale exemption is set forth in title 2 of VernonTexas Tax Statutes and Codes Annotated, section 151.304(a), that provides the following is exempt from sales tax: "An occasional sale of a taxable item and the storage, use, or consumption of a taxable item the sale or transfer of which to a consumer is made by an occasional sale .
The parties hereto agree to allocate the Purchase Price and the Assumed Liabilities among the Assets in the manner set forth on Schedule 2.09, which allocation complies with the Mexican Laws relating to income taxes and value-added taxes (the Mexican Tax Statutes) and Section 1060 of the Code.
Tax Authority has agreed to operate any special arrangement (being an arrangement which is not based on a strict application of the Tax Statutes) in relation to the affairs of any of the TTX Entities.
Pursuant to the Excise Tax Statutes, the Center is instead subject to the assessment or levy of an excise tax (the "Excise Tax").
DESC and the JV Entities, on the one hand, and the Hayes Entities, on the other hand, hereby agree to prepare and timely file all tax returns applicable pursuant to the Mexican Tax Statutes and the Code and other governmental authority forms, to cooperate with each other in the preparation of such forms, and to furnish each other with a copy of such forms prepared in draft, within a reasonable period prior to the filing due date thereof.