SanDisk 2004 Annual Report Download - page 105
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2. With respect to preparation, drafting and execution of the Relating Agreements, each party shall bear its attorney’s fee.
3. Costs concerning performance of obligations or transactions under the Relating Agreements shall be treated as described below, in
addition to other provisions expressly provided for in the Relating Agreements.
(1) Lessee shall bear bank charges for payments, etc. provided for in Article 7.
(2) Lessee shall bear costs including attorney’s fee incurred concerning the exercise of the Purchase Option of the Property or
return of the Property.
(3) Costs including attorney’s fee caused by Events of Default on the side of a party shall be borne by such defaulting party.
4. Taxes and Public Dues concerning the Relating Agreements shall be treated as described below, in addition to other provisions
expressly provided for in the Relating Agreements.
(1) With respect to consumption taxes imposed on payments of sales amount of the Property and the Lease Fee under the
Relating Agreements, unless otherwise agreed upon among the parties to this Agreement, the party making such payments
shall pay the amount equivalent to the relevant consumption taxes to the party receiving such payments. Provided that if any
party to this Agreement is exempted from such consumption taxes pursuant to applicable laws and regulations concerning
consumption tax, this provision shall not apply.
(2) With respect to fixed asset tax imposed on the Property, the party liable to pay such tax under applicable laws and regulations
shall pay such tax. If Lessor is to pay such tax, Lessee shall pay the amount equivalent to such fixed asset tax to Lessor.
5. Taxes and Public Dues which Lessee shall compensate or pay to the Guaranteed under this Article 22 shall be based on the net
amount after tax.
6. If the interest on the loan is raised pursuant to the provisions of the Loan Agreement, or if Borrower is requested to pay any
additional costs, upon request of Borrower, Lesser may increase the Lease Fee relating to Toshiba Tranche 1 based on a reasonable
calculation method providing written notice, or charge such additional costs to Lessee. In such case, the Purchase Option Exercise
Price, Return Adjustment, Standard Redemption Price and the Liquidated Damages shall be re−calculated.
7. If Taxes and Public Dues and any other costs supposed to be borne by Lessee under the Relating Agreements is imposed on
Lessor, or paid by Lessor on behalf of Lessee, Lessee shall, upon request from Lessor, immediately pay the amount of such Taxes
and Public Dues and other costs as well as interest on such amount calculated pursuant to the provision of Article 27 for the period
after the date of payment by Lessor. Provided that if such Taxes and Public Dues and other costs are imposed on Lessor, or Lessor
paid them on behalf of Lessee, Lessor shall immediately notify Lessee of such payment.
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