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ARTIC�E 16 <br /> TAXES FEES AND (�THER IMPOSITIQNS <br /> 16.1 The parties acknowledge and agree that it is their mutual objective and intent to <br /> (a} minimize the aggregate lmpositions payable with respect to the Fiber System, and (b} share <br /> such Impositions according to their respective interests in the Fiber Syst�m. They agree to <br /> cooperate with each ather artd coordinate their efforts to achieve such objectives in accordance <br /> with the pravisions of this Article. <br /> 16.2 CITY shall be responsible for and sh�ll timely pay any and all Impositions imposed <br /> ar assessed priar to the Rcceptance Date. <br /> 16.3 Following the first Acceptance C1ate, Custamer shall be respansible for and shall <br /> pay(a) all impasitions impased on, based on, or atherwise measured by the gross receipts, grass <br /> income, net receipts or net income received by or accrued to Customer with respect to the use of <br /> the Dark Fiber; or {b) all Impositions which haVe been separately assessed, allacated ta, or <br /> imposed on the Dark Fiber including, but not limited to ad valorem praperty taxes and the Third <br /> Parky Obligations. If the Dark Fiber is the or�ly fiber lacated in a Cabie from the point where the <br /> Cable leaves the Fiber System right-af-way to a Cusfiomer POP, Custamer shall be solely <br /> responsible for any and aE! Impositians imposed on or with respect ta such portion af the Fiber <br /> System. To the extent such Impositions are nat separately assessed, allocated to or imposed on <br /> the C?ark Fiber, CITY will pay, or request concurrent payment by CITY and Gustomer of, all such <br /> Impasitions. CITY shall notify Customer of such Imposition, and Customer shall promptly <br /> reimburse CITY far(or pay concurrently)Customer's share of all such Impositions, which shall be <br /> deiermined as follows: <br /> {a} To the e�ctent that such Impositions are calcu(ated based on the revenue, projected <br /> revenue, receipts, income or profits af Customer or its Affiliates, Customer wi11 be <br /> respansible far the partion of the amount af such Impositians as is calculated <br /> based an the revenue, praject�d revenue, receipts, income or profits of Custamer <br /> or its Affiliates; <br /> (b) Ta the eactent that such Impositians are calculated based on the revenue, projected <br /> revenue, receipts, incame or profits of CITY or its Affiliates, CITY will be <br /> responsible far the portion of the amount of such tmpositions as is calculated <br /> based on the revenue, projected revenue, receipts, income or profits af GTY or its <br /> Affiliates; <br /> (c) Otherwise, Customer wii{ be responsible fior its Proportionate Share of the <br /> Impositions and CITY will be respansible for its Praportianate Share of the <br /> Impasitians. <br /> 16.4 CITY shall have the right to contest any tmposition (including by nonpayment of <br /> such Impasition}. The out-of-pocket costs and expenses incurred by ClTY in any such contest <br /> shail be shared by CITY and Customer in the same prapor#ion as to which the parties would have <br /> shared in such Impositions as they were assessed. Any refunds ar credits resulting from a contest <br /> brought pursuant to this Sectian 16.4 sha11 be divided between CITY and Customer in the same , <br /> 13 <br />