Application of This Section to Certain Other Taxes. Principles similar to those set forth in Sections 4.6(a) and (b) shall apply to Adjustments with respect to any Tax other than a Consolidated or Combined Income Tax if, pursuant to Section 2.4, Distributing Co. determines in its sole discretion that any member of the Distributing Group may be or become legally responsible (directly or secondarily) for such Tax.
Appears in 3 contracts
Sources: Tax Indemnification and Allocation Agreement (SCS Transportation Inc), Tax Indemnification and Allocation Agreement (SCS Transportation Inc), Tax Indemnification and Allocation Agreement (Yellow Corp)