CY » Topics » ARTICLE SIX: GOVERNMENTAL CHARGES AND WESM CHARGES

This excerpt taken from the CY 10-Q filed Nov 13, 2006.

ARTICLE SIX: GOVERNMENTAL CHARGES AND WESM CHARGES

6.1 Cooperation. Each Party shall use reasonable efforts to implement the provisions of and to administer this Agreement in accordance with the intent of the Parties to minimize all taxes and charges, so long as neither Party is materially adversely affected by such efforts and provided the same is not contrary to law.

6.2 Governmental Charges. All value added taxes, sales taxes, goods and services taxes, excise taxes, import duties, stamp taxes and similar taxes imposed by any government authority (“Governmental Charges”) on or with respect to the Product, including taxes on fuel purchased by the Seller to generate electricity pursuant to this Agreement, or the transactions contemplated by this Agreement, shall be for the account of the Buyer. The Seller’s own income taxes, property taxes and local business taxes are for its account. In the event the Seller is required by Applicable Laws to remit or pay any such Governmental Charges, such amounts will be set forth in the invoice for the next subsequent Billing Period and shall be due and payable by the Buyer according to the provisions of Article Four.

6.3 Governmental Charges as of the Effective Date. The Governmental Charges that are included in the Contract Price as of the Effective Date are:

 

  6.3.1 Excise Tax of US$0.20 per ton of fuel (coal).

 

  6.3.2 Import Duty of 7.0% of the CIF (Cost, Insurance and Freight) price of fuel (coal)

Any changes to these Governmental Charges, upward or downward, or the imposition of additional Governmental Charges will affect the Contract Price invoiced to the Buyer.

6.4 WESM Charges. All line rental charges, market fees and other similar fees imposed by the Wholesale Electricity Spot Market (“WESM Charges”) on or with respect to the Product shall be for the account of the Buyer. WESM Charges have not been finalized and are not yet included in the Contract Price therefore any subsequent imposition of WESM Charges will increase the Contract Price invoiced to the Buyer.

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