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Enron Mail |
To help focus our discussion, here is a sample clause (from the McDonald's
contract): "Taxes and Fees. Allocation and Indemnity for Taxes. Seller shall pay all Taxes applicable to Energy prior to delivery to each Facility. Buyer shall pay all Taxes applicable to Energy at and after delivery . . . , including without limitation Taxes imposed on the purchase or sale of Energy, on Buyer's possession, consumption, use or disposition of Energy, or on any payment by Buyer to Seller hereunder. "Taxes" means all taxes (except taxes based on net income), fees, charges, surcharges or royalties, and any interest and penalties thereon." Please also consider the following variations: 1. What if clause does not include first sentence so that all "Taxes" are allocated to Buyer? 2. What if the definition of "taxes" is defined as follows: "Taxes" means any and all new or existing governmental or quasi-governmental taxes, assessments, levies, duties, fees, charges and withholdings of any kind or nature whatsoever and howsoever described, including . . . generation, . . . regulatory, . . . energy, consumption, . . . ." 3. What if the definition also included "energy resource surcharges"? (UC/CSU) 4. What if the definition also included "energy procurement charges"? -----Original Message----- From: Williams, Robert C. Sent: Tuesday, May 22, 2001 8:42 AM To: 'mday@gmssr.com'; Steffes, James; Dasovich, Jeff; 'jklauber@llgm.com' Cc: Sunde, Marty; Cooley, Jan; Sharp, Vicki Subject: Surcharges Jan will be setting up a call today to discuss EES' ability to pass the "3 cent surcharge" through under its contracts. Marty would like our advice on this today, so I hope you are available. Thanks. P.S. Vicki and Marty, please let Jan know if you wish to be included in the call or just want the result.
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