Common use of Taxes Other Than Income Taxes Clause in Contracts

Taxes Other Than Income Taxes. Upon the timely request by TrAILCo, and at TrAILCo’s sole expense, NYSEG shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against NYSEG for which TrAILCo may be required to reimburse NYSEG under the terms of this Agreement. TrAILCo shall pay to NYSEG on a periodic basis, as invoiced by NYSEG, NYSEG’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. TrAILCo and NYSEG shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by TrAILCo to NYSEG for such taxes until they are assessed by a final, nonappealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, TrAILCo will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by NYSEG.

Taxes Other Than Income Taxes. Upon the timely request by TrAILCo, and at TrAILCo’s sole expense, NYSEG shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against NYSEG for which TrAILCo may be required to reimburse NYSEG under the terms of this Agreement. TrAILCo shall pay to NYSEG on a periodic basis, as invoiced by NYSEG, NYSEG’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. TrAILCo and NYSEG shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by TrAILCo to NYSEG for such taxes until they are assessed by a final, nonappealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, TrAILCo will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by NYSEG.. 25 SERVICE AGREEMENT NO. 2257

Taxes Other Than Income Taxes. Upon the timely request by TrAILCo, and at TrAILCo’s sole expense, NYSEG shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against NYSEG for which TrAILCo may be required to reimburse NYSEG under the terms of this Agreement. TrAILCo shall pay to NYSEG on a periodic basis, as invoiced by NYSEG, NYSEG’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. TrAILCo and NYSEG shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by TrAILCo to NYSEG for such taxes until they are assessed by a final, nonappealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, TrAILCo will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by NYSEG. 5.14 Modification.

Taxes Other Than Income Taxes. Upon the timely request by TrAILCo, and at TrAILCo’s sole expense, NYSEG shall appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against NYSEG for which TrAILCo may be required to reimburse NYSEG under the terms of this Agreement. TrAILCo shall pay to NYSEG on a periodic basis, as invoiced by NYSEG, NYSEG’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. TrAILCo and NYSEG shall cooperate in good faith with respect to any such contest. Unless the payment of SERVICE AGREEMENT NO. 2232 such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by TrAILCo to NYSEG for such taxes until they are assessed by a final, nonappealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, TrAILCo will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by NYSEG.