Innophos, Inc., Formerly Known as Phosphates Acquisition, Inc., Respondent v. Rhodia, S.A., Appellants

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the water usage fees assessed by Mexico's Comisión Nacional del Agua are "Taxes" within the parties' purchase agreement and therefore plaintiff is entitled to full indemnification under article VII, not subject to the deductible and cap applicable to "Losses".