Cost Overruns. The term “Cost Overruns” as used in this Agreement shall mean the amount by which the total costs and expenses required to be paid under the Construction Agreements by StadCo for the Project Improvements Work exceeds the aggregate of the amounts on deposit in the Accounts (as defined in the Construction Funds Trust Agreement) plus the then-unused commitments in respect of each StadCo Source of Funds; provided that, Cost Overruns shall not include such excess to the extent such excess arises out of or is attributable to any Excluded Costs.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Cost Overruns. The term “Cost Overruns” as used in this Agreement shall CONFIDENTIAL mean the amount by which the total costs and expenses required to be paid under the Construction Agreements by StadCo for the Project Improvements Work exceeds the aggregate of the amounts on deposit in the Accounts (as defined in the Construction Funds Trust Agreement) plus the then-unused commitments in respect of each StadCo Source of Funds; provided provided, that, Cost Overruns shall not include such excess to the extent such excess arises out of or is attributable to any Excluded Costs.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Cost Overruns. The term “Cost Overruns” as used in this Agreement shall mean the amount by which the total costs and expenses required to be paid under the Construction Agreements by StadCo for the Project Improvements Work exceeds the aggregate of the amounts on deposit in the Accounts (as defined in the Construction Funds Trust Agreement) plus the then-then- unused commitments in respect of each StadCo Source of Funds; provided provided, that, Cost Overruns shall not include such excess to the extent such excess arises out of or is attributable to any Excluded Costs.
Appears in 1 contract
Samples: Development Agreement
Cost Overruns. The term “Cost Overruns” as used in this Agreement shall mean the amount by which the total costs and expenses required to be paid under the Construction Agreements by StadCo for the Project Improvements Work exceeds the aggregate of the amounts on deposit in the Accounts [(as defined in the Construction Funds Trust Agreement) )] plus the then-then- unused commitments in respect of each StadCo Source of Funds; provided that, Cost Overruns shall not include such excess to the extent such excess arises out of or is attributable to any Excluded Costs.
Appears in 1 contract
Samples: Development Agreement
Cost Overruns. The term “Cost Overruns” as used in this Agreement shall mean the amount by which the total costs and expenses required to be paid under the Construction Agreements by StadCo for the Project Improvements Work exceeds the aggregate of the amounts on deposit in the Project Accounts (as defined in the Construction Funds Trust Agreement) plus the then-unused commitments in respect of each StadCo Source of Funds; provided that, Cost Overruns shall not include such excess to the extent such excess arises out of or is attributable to any Excluded Costs.
Appears in 1 contract
Samples: Development Agreement