Costs and Cost Substantiation Sample Clauses

Costs and Cost Substantiation. The Service Fee has been negotiated by the parties and fixed by the terms of this Agreement. Any other cost proposed or incurred by the Company which is directly or indirectly chargeable to the Borough in whole or in part hereunder shall be the fair market price for the good or service provided, or, if there is no market, shall be a just and reasonable price. The Company shall provide Cost Substantiation for all such other costs, except agreed upon fixed prices, invoiced to the Borough hereunder, and for all estimates and quotations furnished to the Borough hereunder for the purpose of negotiating a price for Wastewater System Modifications, additional operation services or other additional work necessitated on account of Uncontrollable Circumstances or Borough Breach.
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Costs and Cost Substantiation. Any cost proposed or incurred by the Manager which is directly or indirectly chargeable to the Authority in whole or in part hereunder shall be no greater than the fair market price, to the extent available, for the good or service provided, or, if there is no market, shall be a fair and reasonable price; provided, however, that use of Manager inventory shall be charged to the Authority at the cost Manager paid for such inventory (excluding any inter-company profit). The Manager shall maintain and, at the Authority's request, provide Cost Substantiation for all such costs invoiced to the Authority hereunder, and for all estimates and quotations furnished to the Authority hereunder for the purpose of reviewing and approving costs for Major Capital Improvements, Other Costs, additional operation services or other additional work or costs incurred for which the Authority is responsible hereunder.
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Costs and Cost Substantiation. The Fixed Construction Price and the Service Fee (except certain of the Pass Through Cost elements thereof) have been negotiated by the parties and fixed by the terms of this Agreement. Any other cost proposed or incurred by the Company which is directly or indirectly chargeable to the City in whole or in part hereunder shall be the fair market price for the good or service provided, or, if there is no market, shall be a reasonable price. The Company shall provide Cost Substantiation for all such other costs invoiced to the City hereunder, and for all estimates and quotations furnished to the City hereunder for the purpose of negotiating a price for Extra Construction Work, Treatment Facility Modifications, additional Operation Services or other additional work necessitated on account of Uncontrollable Circumstances, City Fault or City request. The pricing of all costs subject to Cost Substantiation by the Company shall be such that the City will not be charged with any duplicated or compounded overhead or profit in the event the Company chooses to acquire goods or services through any related or affiliated company.
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Costs and Cost Substantiation. Any cost proposed or incurred by the Manager which is directly or indirectly chargeable to LIPA in whole or in part as a Pass-Through Expenditure or an Exogenous Cost hereunder shall be no greater than the fair market price, to the extent available, for the good or service provided, or, if there is no market, shall be a fair and reasonable price; provided, however, that use of Manager inventory in connection therewith shall be charged to LIPA at the cost the Manager paid for such inventory (excluding any inter-company profit). The Manager shall maintain and, at LIPA's reasonable (as to timing and format) request, and consistent with LIPA's rights and access to information otherwise provided in Section 4.14 hereof, provide Cost Substantiation and, at LIPA's request, such additional relevant information for all such costs invoiced to LIPA hereunder, and for all estimates and quotations furnished to LIPA hereunder for the purpose of reviewing and approving costs for Capital Improvements or any other additional work or costs incurred for which LIPA is responsible hereunder.
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Costs and Cost Substantiation. The Fixed Design-Build Price has been negotiated by the Parties and fixed by the terms of this Design-Build Agreement. Any other cost proposed or incurred by the Design-Build Contractor which is directly or indirectly chargeable to the Sewer District in whole or in part hereunder shall be the fair market price for the good or service provided, or, if there is no market, shall be a just and reasonable price. The Design-Build Contractor shall provide Cost Substantiation for all such other costs invoiced to the Sewer District hereunder, and for all estimates and quotations furnished to the Sewer District hereunder for the purpose of negotiating a price for Extra Design-Build Work or other additional work necessitated on account of Uncontrollable Circumstances, the Sewer District Fault or the Sewer District request.
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Related to Costs and Cost Substantiation

  • Expenses and Costs Each Borrower, jointly and severally, agrees to pay and to save the Agent and the Lenders harmless for the payment of all fees, out-of-pocket disbursements, and other costs and expenses incurred by or on behalf of the Agent or any Lender arising in any way in connection with this Amendment, or any other document relating to indebtedness described in the recitals to this Amendment, including the fees and expenses of Xxxxxxxxx Xxxxxx PLLC, counsel to the Agent, and AlixPartners, LLC, consultant to the Agent, and specifically including, without limitation, (a) the cost of any financial audit or inquiry conducted by the Agent, any Lender or their consultants, (b) the fees and expenses of counsel for the Agent or any Lender for the work performed as a result of the Borrowers' defaults or financial problems, and for the preparation, examination and approval of this Amendment or any documents in connection with this Amendment, (c) for the payment of all fees and out-of-pocket disbursements incurred by the Agent or any Lender, including attorneys' fees, in any way arising from or in connection with any action taken by the Agent or any Lender to monitor, advise, enforce or collect the obligations described in the recitals hereto or to enforce any obligations of the Borrowers or any Guarantor under this Amendment or the other documents referred to herein, including any actions to lift the automatic stay or to otherwise in any way participate in any bankruptcy, reorganization or insolvency proceeding of any Borrower or Guarantor or in any trial or appellate proceedings, and (d) any expenses or fees (including attorneys' fees) incurred in relation to or in defense of any litigation instituted by any Borrower, any Guarantor or any third party against the Agent or any Lender arising from or relating to the obligations described in the recitals hereto or this Amendment, including any so-called "lender liability" action. All of these expenses and fees (including attorneys' fees) shall be part of the Obligations owing under the Credit Agreement, and shall be secured by all of the collateral described in the Collateral Documents. In the event the Borrowers fail to pay any such fees, expenses and costs within five (5) days of being invoiced therefor, the Agent or the Lenders, as the case may be, shall be permitted to charge the accounts of any Borrower for such fees, expenses and costs, without prejudice to any other rights or remedies of the Agent or the Lenders. The rights and remedies of the Agent and the Lenders contained in this paragraph shall be in addition to, and not in lieu of, the rights and remedies contained in the Credit Agreement, the Collateral Documents and as otherwise provided by law.

  • Attorneys’ Fees and Cost of Collection In the event of any arbitration or action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money (which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any party) shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees, deposition costs, and expenses paid by such prevailing party in connection with arbitration or litigation without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair an arbitrator’s or a court’s power to award fees and expenses for frivolous or bad faith pleading. If (i) the Note is placed in the hands of an attorney for collection or enforcement prior to commencing arbitration or legal proceedings, or is collected or enforced through any arbitration or legal proceeding, or Investor otherwise takes action to collect amounts due under the Note or to enforce the provisions of the Note, or (ii) there occurs any bankruptcy, reorganization, receivership of Company or other proceedings affecting Company’s creditors’ rights and involving a claim under the Note; then Company shall pay the costs incurred by Investor for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, expenses, deposition costs, and disbursements.

  • Cost Reimbursement This payment method is based on an approved budget and submission of a request for reimbursement of expenses Xxxxxxx has incurred at the time of the request;

  • Responsibility and Costs All fees, expenses and out-of-pocket costs and expenses, including, without limitation, fees and disbursements of counsel, advisors and accountants, incurred by the parties hereto shall be borne solely and entirely by the party that has incurred such costs and expenses.

  • Reimbursement of Costs and Expenses Seller shall have paid, or reimbursed Purchaser for, all reasonable and documented out-of-pocket expenses, including but not limited to reasonable legal fees of outside counsel and reasonable and due diligence fees, actually incurred by Purchaser in connection with the development, preparation and execution of this Agreement, the other Transaction Documents and any other documents prepared in connection herewith or therewith.

  • Reimbursable Costs 5.3.1. To be considered eligible for reimbursement, costs have to be: • actually incurred, individually identifiable and verifiable, as backed by copies of supporting evidence, as the case may be in the Contractor’s official bookkeeping; this means that no lump sums will be eligible for reimbursement; • necessary in order to perform the tasks as specified in the Terms of Reference (Annex 2); and • cost effective and providing value for money

  • Direct Costs Insert the major cost elements. For each element, consider the application of the paragraph entitled “Costs Requiring Prior Approval” on page 1 of these instructions.

  • Professional Fees and Costs If either Landlord or Tenant should bring suit against the other with respect to this Lease, then all costs and expenses, including without limitation, actual professional fees and costs such as appraisers', accountants' and attorneys' fees and costs, incurred by the party which prevails in such action, whether by final judgment or out of court settlement, shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgment. As used herein, attorneys' fees and costs shall include, without limitation, attorneys' fees, costs and expenses incurred in connection with any (i) postjudgment motions; (ii) contempt proceedings; (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation.

  • Other Costs and Expenses Seller shall reimburse Agent, each Purchaser Agent and each Conduit on demand for all costs and out-of-pocket expenses in connection with the preparation, negotiation, arrangement, execution, delivery, enforcement and administration of this Agreement, the transactions contemplated hereby and the other documents to be delivered hereunder, including without limitation, the cost of any Conduit’s auditors auditing the books, records and procedures of Seller, reasonable fees and out-of-pocket expenses of legal counsel for any Conduit, any Purchaser Agent and/or Agent (which such counsel may be employees of any Conduit, any Purchaser Agent or Agent) with respect thereto and with respect to advising any Conduit, any Purchaser Agent and/or Agent as to their respective rights and remedies under this Agreement. Seller shall reimburse Agent and each Purchaser Agent on demand for any and all costs and expenses of Agent, the Purchaser Agents and the Purchasers, if any, including reasonable counsel fees and expenses in connection with the enforcement of this Agreement and the other documents delivered hereunder and in connection with any restructuring or workout of this Agreement or such documents, or the administration of this Agreement following an Amortization Event. Seller shall reimburse each Conduit on demand for all other costs and expenses incurred by such Conduit (“Other Costs”), including, without limitation, the cost of auditing such Conduit’s books by certified public accountants, the cost of rating the Commercial Paper of such Conduit by independent financial rating agencies, and the reasonable fees and out-of-pocket expenses of counsel for such Conduit or any counsel for any shareholder of such Conduit with respect to advising such Conduit or such shareholder as to matters relating to such Conduit’s operations.

  • Attorneys’ Fees and Costs of Collection Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's rights under this Guaranty including, without limitation, all reasonable attorneys' fees and expenses, investigation costs, and all court costs, whether or not suit is filed herein, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the interest rate provided for in the Note. Guarantor's obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.

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