§ 5. Taxes.  

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  • 5.1

    Taxes. Wildflower agrees that it will be solely responsible for the payment of any and all applicable taxes, fees and assessments levied on its ownership, use and maintenance of the Network and this Agreement. Pursuant to Section 79-5(a)(26) of the Kansas Revenue and Taxation Code, the City hereby advises, and Wildflower recognizes and understands, that Wildflower's use of the City's ROW, the New Poles, and /or other non-ROW city property and facilities may create a possessory interest subject to real property taxation and that Wildflower may be subject to, and responsible for, the payment of real property taxes levied on such interest. Wildflower will cooperate with the Sedgwick County Assessor in providing any information necessary for the Assessor to make a property tax determination. Wildflower reserves the right to challenge any such assessment, and the City agrees to cooperate with Wildflower in connection with any such challenge.