Common use of Taxes and Liens Clause in Contracts

Taxes and Liens. Lessor shall be liable for and pay all Federal, State or other governmental property taxes assessed or levied against the cars, except that (i) Lessee shall be liable for and pay such taxes when cars bear reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, together with any penalties, fines or interest thereon and (iii) all duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the use of cars outside the continental United States. Lessee acknowledges and agrees that by the execution of this Lease it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars free from any liens or encumbrances created by or through Lessee.

Appears in 2 contracts

Samples: Railroad Car Lease Agreement (Otter Tail Ag Enterprises, LLC), Car Lease Agreement (First United Ethanol LLC)

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Taxes and Liens. Lessor shall be liable for and pay all Federalfederal, State state, provincial or other governmental property taxes assessed or levied against the cars, except that (i) Lessee shall be liable for and pay such taxes when cars bear reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, together with any penalties, fines or interest thereon thereon, and (iii) all duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the use of cars outside the continental United States. Lessee acknowledges and agrees that by the execution of this Lease Agreement and related Riders it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars free from any liens or encumbrances created by or through LesseeLessee (except as contemplated in respect of Restricted Transfers consented to by the Lessor as described in Article 9).

Appears in 2 contracts

Samples: www.sec.gov, Lease Agreement (Highwater Ethanol LLC)

Taxes and Liens. Lessor Lessee shall not be liable for and pay all any Federal, State or other governmental property taxes assessed or levied against the carsCars, except that (i) Lessee shall be liable for and pay such taxes when cars the Cars bear Lessee’s reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, Cars (together with any penalties, fines or interest thereon and (iii) all thereon), duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the Lessee’s use of cars Cars outside the continental United States, except to the extent levied or assessed on Lessor’s income. Lessee acknowledges and agrees that by the execution of this Lease it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars Cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars Cars free from any liens or encumbrances created by or through Lessee.

Appears in 1 contract

Samples: Railcar Lease Agreement (Southwest Iowa Renewable Energy, LLC)

Taxes and Liens. Lessor Lessee shall not be liable for and pay all any Federal, State or other governmental property taxes assessed or levied against the carsCars, except that (i) Lessee shall be liable for and pay such taxes when cars the Cars bear Lessee’s reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, Cars (together with any penalties, fines or interest thereon and (iii) all thereon), duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the Lessee’s use of cars Cars outside the continental United States, except to the extent levied or assessed on Lessor’s income. Lessee acknowledges and agrees that by the execution of this Lease it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars Cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms Error! Unknown document property name. 8 hereof. Lessee shall keep the cars Cars free from any liens or encumbrances created by or through Lessee.

Appears in 1 contract

Samples: Railcar Lease Agreement (Southwest Iowa Renewable Energy, LLC)

Taxes and Liens. Lessor shall be liable for and pay all Federalfederal, State state, provincial or other governmental property taxes assessed or levied against the cars, except that (i) Lessee shall be liable for and pay such taxes when cars bear reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, together with any penalties, fines or interest thereon thereon, and (iii) all duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the use of cars outside the continental [United States/Canada/Mexico]2. Lessee acknowledges and agrees that by the execution of this Lease Agreement and related Riders it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars free from any liens or encumbrances created by or through Lessee (except as contemplated in respect of Restricted Transfers consented to by the Lessor as described in Article 9). 2 To be changed based on domicile of Lessee.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

Taxes and Liens. Lessor shall be liable for and pay all Federal, State or other governmental property taxes assessed or levied against the cars, except that (iI) Lessee shall be liable for and pay such taxes when cars bear reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, together with any penalties, fines or interest thereon and (iii) all duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the use of cars outside the continental United States. Lessee acknowledges and agrees that by the execution of this Lease it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars free from any liens or encumbrances created by or through Lessee.

Appears in 1 contract

Samples: Lease Agreement (Siouxland Ethanol, LLC)

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Taxes and Liens. Lessor shall be liable for and pay all Federalfederal, State state, provincial or other governmental property taxes assessed or levied against the cars, except that (i) Lessee shall be liable for and pay such taxes when cars bear reporting marks and numbers other than Lessor’s and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, together with any penalties, fines or interest thereon thereon, and (iii) all duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the use of cars outside the continental [United States/Canada/Mexico]2. Lessee acknowledges and agrees that by the execution of this Lease Agreement and related Riders it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars free from any liens or encumbrances created by or through Lessee (except as contemplated in respect of Restricted Transfers consented to by the Lessor as described in Article 9). 2 To be changed based on domicile of Lessee.. EXHIBIT D

Appears in 1 contract

Samples: Lease Agreement (Trinity Industries Inc)

Taxes and Liens. Lessor shall be liable for and pay all Federal, State or other governmental property taxes assessed or levied against the cars, except that (iI) Lessee shall be liable for and pay such taxes when cars bear reporting marks and numbers other than Lessor’s 's and (ii) Lessee shall be liable at all times for and shall pay or reimburse Lessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, together with any penalties, fines or interest thereon and (iii) all duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the use of cars outside the continental United States. Lessee acknowledges and agrees that by the execution of this Lease it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars or any property right or interest therein, legal or equitable, except solely as Lessee hereunder and subject to all of the terms hereof. Lessee shall keep the cars free from any liens or encumbrances created by or through Lessee.

Appears in 1 contract

Samples: Lease Agreement (Lake Area Corn Processors LLC)

Taxes and Liens. Lessor Sublessee shall not be liable for and pay all any Federal, State or other governmental property taxes assessed or levied against the carsCars, except that (i) Lessee Sublessee shall be liable for and pay such taxes when cars the Cars bear Sublessee's reporting marks and numbers other than Lessor’s and (ii) Lessee Sublessee shall be liable at all times for and shall pay or reimburse Lessor Sublessor for the payment of any sales, use, leasing, operation, excise, gross receipts and other taxes with respect to the cars, Cars (together with any penalties, fines or interest thereon and (iii) all thereon), duties, imposts, taxes, investment tax credit reductions and similar charges arising out of the Sublessee's use of cars Cars outside the continental United States, except to the extent levied or assessed on Sublessor's income. Lessee Sublessee acknowledges and agrees that by the execution of this Lease Sublease it does not obtain, and by payments and performance hereunder it does not, and will not, have or obtain any title to the cars Cars or any property right or interest therein, legal or equitable, except solely as Lessee Sublessee hereunder and subject to all of the terms hereof. Lessee Sublessee shall keep the cars Cars free from any liens or encumbrances created by or through LesseeSublessee.

Appears in 1 contract

Samples: Railcar Sublease Agreement (Southwest Iowa Renewable Energy, LLC)

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