Statement of the Market Operator Clause Samples

Statement of the Market Operator a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party based on the amended tax documents issued by the Balance Responsible Party pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.