Separate Liabilities. Under no circumstances shall the Company or any Lessor or Additional Participant be jointly, severally or otherwise liable for any other party’s failure to remit its FIL Payment or any other amount due therefrom pursuant to this Agreement or applicable State law, nor shall the failure of any Lessor or Additional Participant to comply with the terms of this Agreement constitute a breach of this Agreement or provide the Taxing Authorities with any grounds to suspend or terminate this Agreement with respect to the Company. The intent of all parties to this Agreement is that, while the FIL Participants other than the Company shall collectively share the tax benefits offered by MCA § ▇▇-▇▇-▇▇▇, each such other FIL Participant shall be individually responsible for complying with its own reporting, FIL Payment and any tax payment requirements under State law. The Company shall file, and shall use its commercially reasonable efforts to cause each Lessor and Additional Participant to file, such documentation or applications as may be required by the ad valorem tax exemption laws of the State to result in all Property being taxed as provided for in this Agreement.
Appears in 1 contract
Separate Liabilities. Under no circumstances shall the Company or any Lessor or Additional other FIL Participant be jointly, severally severally, or otherwise liable for any other party’s FIL Participant's failure to remit its such other FIL Participant's FIL Payment or any other amount due therefrom pursuant to this Agreement or applicable State law, nor shall the failure of any Lessor or Additional Participant to comply with the terms of this Agreement constitute a breach of this Agreement or provide the Taxing Authorities with any grounds to suspend or terminate this Agreement with respect to the Company. The intent of all parties to this Agreement Parties is that, while the FIL Participants other than the Company shall collectively share the tax benefits offered by MCA § ▇▇-▇▇-▇▇▇, each such other FIL Participant shall be individually responsible for complying with its own reporting, FIL Payment Payment, and any tax payment requirements under State law. The Company shall file, and shall use its commercially reasonable efforts to cause each Lessor and Additional Participant to file, such documentation or applications as may be required by the ad valorem tax exemption laws of the State to result in all Property being taxed as provided for in this Agreement.
Appears in 1 contract
Sources: Agreement to Make Payments in Lieu of Ad Valorem Taxes