Common use of Costs Eligible for Payment from Operating Account Clause in Contracts

Costs Eligible for Payment from Operating Account. Subject to the limitations of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager directly from the Operating Account: (a) Third-party debt service, payments due under any ground lease, real estate taxes, personal property taxes, betterment assessments and similar governmental charges properly due with respect to the Property; (b) Costs of insurance maintained in accordance with Section 3.1; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs of making all repairs, decorations and alterations and performing all maintenance and preventive maintenance with respect to the Property; (e) Cost of collection of delinquent rentals collected through a collection agency which has been approved by Owner; (f) Reasonable legal fees and expenses of attorneys incurred in the ordinary course of business in collecting delinquent receivables; (g) Cost of capital expenditures; (h) Leasing commissions and consultant fees payable to third parties approved by Owner; (i) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); (j) Cost of advertising approved by Owner; (k) Cost of printed forms and supplies required for use at the Property; (l) Cost of printed checks for each account required by Owner; (m) Cost of salary and wages (but not bonus payments, incentive compensation or other additional payments unless approved by Owner), payroll taxes, insurance, worker’s compensation and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only to the extent that such costs relate to the period of such employees’ employment in connection with the Property; (n) The Management Fee and Payroll Handling Fee; and (o) Any other expenses included in the Approved Annual Business Plan.

Costs Eligible for Payment from Operating Account. Subject to Property Manager shall pay all expenses of the limitations operation, maintenance and repair of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed Property contemplated by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager Budget directly from the Operating Account: , subject to the conditions set forth in Section 2.5, including the following: (a) Third-party debt servicecosts of the gross salary and wages or proportional shares thereof, payments due under any ground lease, real estate payroll taxes, personal property taxesworker's compensation insurance, betterment assessments and similar governmental charges properly due with respect all other benefits of employees (for example, on-site personnel) required to manage, operate and maintain the Property; Property properly, adequately, safely and economically, subject to this Agreement, provided that Property Manager shall not pay such employees in advance; (b) Costs cost to correct the violation of insurance maintained in accordance with Section 3.1; any governmental requirement relating to the leasing, use, repair and maintenance of the Property, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, if such cost is not the result of Property Manager's gross negligence or willful misconduct; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs actual and reasonable cost of making all repairs, decorations and alterations and performing if such cost is not the result of Property Manager's gross negligence or willful misconduct; (d) cost incurred by Property Manager in connection with all maintenance and preventive maintenance with respect to the Property; service agreements; (e) Cost cost of collection of delinquent rentals rents collected through by a collection agency which has been approved by Owner; or attorney; (f) Reasonable legal fees and expenses of attorneys incurred in the ordinary course of business in collecting delinquent receivables; attorneys; (g) Cost cost of capital expenditures; expenditures subject to the restrictions in Section 2.9 and in this Section; (h) Leasing commissions cost of printed checks for each account required for the Property and consultant fees payable to third parties approved by Owner; the Tenants in Common; (i) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); utilities; (j) Cost cost of advertising approved by Owner; advertising; (k) Cost cost of printed forms and supplies required for use at the Property; ; (l1) Cost of printed checks for each account required by Owner; management compensation set forth in Section 9; (m) Cost the cost of salary tenant improvements to the Property; (n) all hiring, relocation and wages termination costs for any employee, including those individuals whose salaries and benefits are paid by the Tenants in Common; (but not bonus paymentso) broker's commissions; (p) debt service; (q) the cost of utilities, incentive compensation or other additional payments unless approved by Owner)services, payroll taxes, contractors and insurance, worker’s compensation ; (r) reimbursement of Property Manager's out-of-pocket costs and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only expenses to the extent that such costs relate not prohibited by Section 8 below; (s) general accounting and reporting services within the reasonable scope of the Property Manager's responsibility to the period Tenants in Common; (t) cost of such employees’ employment forms, papers, ledgers, and other supplies and equipment used in connection with the Property for the preparation of reports, information and returns to be prepared by Property Manager under the terms of this Agreement; (u) all expenses of Property Manager's on-site office; (v) all other costs directly related to the Property; , including, but not limited to, communication costs (ntelephone, postage, etc.), computer rentals or time, supplies (paper, envelopes, business forms, checks, payroll forms and record cards, forms for governmental reports, etc.), printing, insurance, fidelity bonds, taxes and license fees, and general office expenses allocable to the Property; and (w) The Management Fee cost of routine travel by Property Manager's employees or associates to and Payroll Handling Fee; and (o) Any other expenses included from Property. Except as expressly set forth in the Approved Annual Business PlanBudget, Property Manager shall be paid $5,000 per year as reimbursement for the items set froth above in Subsection 7.1(r), (s) and (t). All other amounts not directly related to the Property or the Tenants in Common shall be payable solely by Property Manager, and shall not be paid out of the Operating Account or reimbursed by the Tenants in Common.

Costs Eligible for Payment from Operating Account. Subject to the limitations of Article 2 II (including Sections 2.8(bSection 2.08(b) and 2.12Section 2.11), Section 7.2 7.02 and the Approved Annual Business Plan, and except as otherwise directed by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager directly from the Operating Account: (a) Third-party debt service, payments due under any ground lease, real estate taxes, personal property taxes, betterment assessments and similar governmental charges properly due with respect to the Property; (b) Costs of insurance maintained in accordance with Section 3.13.01; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs of making all repairs, decorations and alterations and performing all maintenance and preventive maintenance with respect to the Property; (e) Cost of collection of delinquent rentals collected through a collection agency which has been approved by Owner; (f) Reasonable legal fees and expenses of attorneys incurred in the ordinary course of business in collecting delinquent receivables; (g) Cost of capital expenditures; (h) Leasing commissions and consultant fees payable to third parties approved by Owner; (i) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); (j) Cost of advertising approved by Owner; (k) Cost of printed forms and supplies required for use at the Property; (l) Cost of printed checks for each account required by Owner; (m) Cost of salary and wages (but not bonus payments, incentive compensation or other additional payments unless approved by Owner), payroll taxes, insurance, worker’s compensation and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only to the extent that such costs relate to the period of such employees’ employment in connection with the Property; (n) The Management Fee, the Construction Supervision Fee and Payroll Handling the Leasing Fee; and (o) Any other expenses included in the Approved Annual Business Plan.

Costs Eligible for Payment from Operating Account. Subject to Property Manager shall pay all expenses of the limitations operation, maintenance and repair of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed Project contemplated by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager Budget directly from the Operating Account: Account subject to the conditions set forth in Section 2.5, and include, but are not limited to, the following to the extent applicable: (a) Third-party debt servicecosts of the gross salary and wages or proportional shares thereof, payments due under any ground lease, real estate payroll taxes, personal property taxespayroll processing fees, betterment assessments worker's compensation insurance, employee education, training and similar governmental charges properly due with respect certification and all other benefits of employees required to manage, operate and maintain the Property; Project properly, adequately, safely and economically, subject to this Agreement, provided that Property Manager shall not pay such employees in advance; (b) Costs cost to comply with the terms of insurance maintained in accordance with Section 3.1; any Loan Documents and/or to correct the violation of any governmental requirement relating to the leasing, use, repair and maintenance of the Project, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs actual and reasonable cost of making all repairs, decorations and alterations and performing alterations; (d) cost incurred by Property Manager in connection with all maintenance and preventive maintenance with respect to the Property; service agreements; (e) Cost cost of collection of delinquent rentals rents collected through by a collection agency which has been approved by Owner; or attorney; (f) Reasonable accounting and legal support fee and reasonable accounting and legal fees and expenses of attorneys incurred in for the ordinary course costs of business in collecting delinquent receivables; services otherwise provided herein; (g) Cost cost of capital expenditures; expenditures subject to the restrictions in Section 2.9 and in this Section; (h) Leasing commissions cost of printed checks for each account required for the Project and consultant fees payable to third parties approved by Owner; the Tenants in Common; (i) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); [omitted]; (j) Cost cost of advertising approved by Owner; advertising, marketing and resident surveys; (k) Cost cost of printed forms and supplies required for use at the Property; Project; (l) Cost of printed checks for each account required by Owner; management compensation set forth in Section 9; (m) Cost the cost of salary tenant improvements to the Project subject to the restrictions in Section 2.9 and wages this Section 7.1; (but not bonus paymentsn) all hiring, incentive compensation or other additional payments unless approved relocation and termination costs for any employees whose salaries and benefits are paid by Owner)the Tenants in Common; (n) brokers’ commissions; (o) debt service; (p) the cost of utilities consumed at the Project only, payroll taxesservices, contractors and insurance, worker’s compensation ; (q) reimbursement of Property Manager's out-of-pocket costs and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only expenses to the extent that such costs relate not prohibited by Section 8, including travel expenses to/from the Project and lodging; (r) general accounting and reporting services within the reasonable scope of the Property Manager’s responsibility to the period Tenants in Common; (s) cost of such employees’ employment forms, papers, ledgers, postage and other supplies and equipment used in the Property Manager’s office in connection with the Property; Property only; (nt) The Management Fee computer/information technology (IT) support and Payroll Handling Feethe cost of electronic data processing equipment, including personal computers located at the Property Manager’s office at the Project for preparation of reports, information and returns to be prepared by the Property Manager under the terms of this Agreement; and and (ou) Any other expenses included in cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to be prepared by the Approved Annual Business PlanProperty Manager under the terms of this Agreement, including but not limited to any costs associated with property management software.

Costs Eligible for Payment from Operating Account. Subject to Property Manager shall pay all expenses of the limitations operation, maintenance and repair of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed Property contemplated by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager Budget directly from the Operating Account: Account or shall be reimbursed by the Tenants in Common, subject to the conditions set forth in Section 2.5, including the following: (a) Third-party debt servicecosts of the gross salary and wages or proportional shares thereof, payments due under any ground lease, real estate payroll taxes, personal property taxesworker's compensation insurance, betterment assessments and similar governmental charges properly due with respect all other benefits of employees (for example, on-site personnel) required to manage, operate and maintain the Property; Property properly, adequately, safely and economically, subject to this Agreement, provided that Property Manager shall not pay such employees in advance; (b) Costs cost to correct the violation of insurance maintained in accordance with Section 3.1; any governmental requirement relating to the leasing, use, repair and maintenance of the Property, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, if such cost is not the result of Property Manager's gross negligence or willful misconduct; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs actual and reasonable cost of making all repairs, decorations and alterations and performing if such cost is not the result of Property Manager's gross negligence or willful misconduct; (d) cost incurred by Property Manager in connection with all maintenance and preventive maintenance with respect to the Property; service agreements; (e) Cost cost of collection of delinquent rentals rents collected through by a collection agency which has been approved by Owner; or attorney; (f) Reasonable legal fees and expenses of attorneys incurred in the ordinary course of business in collecting delinquent receivables; attorneys; (g) Cost cost of capital expenditures; expenditures subject to the restrictions in Section 2.9 and in this Section; (h) Leasing commissions cost of printed checks for each account required for the Property and consultant fees payable to third parties approved by Owner; the Tenants in Common; (i) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); utilities; (j) Cost cost of advertising approved by Owner; advertising; (k) Cost cost of printed forms and supplies required for use at the Property; ; (l) Cost of printed checks for each account required by Owner; management compensation set forth in Section 9; (m) Cost the cost of salary tenant improvements to the Property; (n) all hiring, relocation and wages termination costs for any employee, including those individuals whose salaries and benefits are paid by the Tenants in Common; (but not bonus paymentso) broker's commissions; (p) debt service; (q) the cost of utilities, incentive compensation or other additional payments unless approved by Owner)services, payroll taxes, contractors and insurance, worker’s compensation ; (r) reimbursement of Property Manager's out-of-pocket costs and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only expenses to the extent that such costs relate not prohibited by Section 8 below; (s) general accounting and reporting services within the reasonable scope of the Property Manager's responsibility to the period Tenants in Common; (t) cost of such employees’ employment forms, papers, ledgers, and other supplies and equipment used in connection with the Property for the preparation of reports, information and returns to be prepared by Property Manager under the terms of this Agreement; (u) all expenses of Property Manager's on-site office; (v) all other costs directly related to the Property; , including, but not limited to, communication costs (ntelephone, postage, etc.), computer rentals or time, supplies (paper, envelopes, business forms, checks, payroll forms and record cards, forms for governmental reports, etc.), printing, insurance, fidelity bonds, taxes and license fees, and general office expenses allocable to the Property; and (w) The Management Fee cost of routine travel by Property Manager's employees or associates to and Payroll Handling Fee; and (o) Any from Property. All other expenses included amounts not directly related to the Property or the Tenants in Common shall be payable solely by Property Manager, and shall not be paid out of the Approved Annual Business PlanOperating Account or reimbursed by the Tenants in Common.

Costs Eligible for Payment from Operating Account. Subject to (a) Manager shall pay from amounts received by it from the limitations of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed by Owner, the following expenses, Operating Account or such other account to the extent permitted pursuant to the terms of the Cash Management Agreement, all expenses properly incurred by Manager to the extent expressly set forth in accordance with the Approved Operating Budget and authorized under this Agreement and the Approved Annual Business PlanCash Management Agreement, shall be paid by Manager directly from including, without limitation, the Operating Account: (a) Third-party debt service, payments due under any ground lease, real estate taxes, personal property taxes, betterment assessments and similar governmental charges properly due following expenses with respect to the Property;: (bi) Costs of insurance maintained in accordance with Section 3.1; (c) Costs cost to correct any violation of any a Lease or applicable Legal Requirements or Insurance Requirements, if any; (dii) Actual actual and reasonable costs of making all repairs, replacements, additions, decorations and alterations and performing all maintenance and preventive maintenance with respect properly incurred by Manager pursuant to the Propertythis Agreement; (eiii) Cost cost incurred by Manager in connection with all Service Contracts properly entered into pursuant to this Agreement; (iv) cost of collection of delinquent rentals collected through a collection agency which has been approved by Owneror other third party; (fv) Reasonable legal fees and expenses of attorneys incurred provided that Owner has approved (x) such attorneys in writing in advance of retention and (y) the ordinary course amount of business in collecting delinquent receivablesthe legal fees to be paid to such attorneys; (gvi) Cost cost of capital expendituresexpenditures made pursuant to the Approved Operating Budget; (hvii) Leasing commissions and consultant fees payable to third parties approved cost of printed checks for each bank account required by Owner; (i) Amounts due under Service Contracts Owner and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); (j) Cost of advertising approved by Owner; (k) Cost of printed forms and supplies required for use at the a Property; (lviii) Cost reasonable training expenses for any personnel listed on Schedule B below the level of printed checks for each account required by OwnerAssistant General Manager; (mix) Cost Leasing Commissions; (x) cost of salary Owner-approved advertising and wages promotional material; (but not bonus paymentsxi) all compensation payable to Manager pursuant to this Agreement; (xii) utility costs; (xiii) insurance costs (except premiums for insurance Manager is obligated to maintain at its expense under Section 6.3 hereof); (xiv) costs of supplies purchased pursuant to Section 4.8; (xv) costs of industry association (e.g. BOMA, incentive compensation or other additional payments unless approved by Owner)ICSC and REB) dues; (xvi) costs of Manager's accounting services provided to the Property, payroll taxes, insurance, worker’s compensation and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only to the extent that such costs relate to the period of such employees’ employment in connection with the Property; (n) The Management Fee and Payroll Handling Feepermitted under Section 7.2; and (oxvii) Any other if requested by Owner, costs of insurance required to be maintained by Owner pursuant to Section 6.2 hereof. (b) As soon as practical, Manager will introduce an Electronic Invoice Presentation (EIP) system to manage accounts payable at the Property. The cost of implementing and managing an EIP system, not to exceed $2.50 per invoice, is a reimbursable operating expense. (c) If applicable, the Manager will purchase a budgeting software package (e.g. Kardin) for use at the Property. The cost of purchasing, implementing and managing such budgeting software, not to exceed $2,500 annually, is a reimbursable operating expense. (d) In the event that Manager has advanced any of its own funds for the payment of any expenses included in the Approved Annual Business Planproperly incurred by Manager pursuant to this Agreement, reimbursement to Manager of any such advanced funds shall be due within fifteen (15) business days of presentation of Manager's invoice setting forth all such expenses for which Manager seeks reimbursement.

Costs Eligible for Payment from Operating Account. Subject to Property Manager shall pay all expenses of the limitations operation, maintenance and repair of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed Property contemplated by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager Budget directly from the Operating Account: , subject to the conditions set forth in Sections 1.3 and 2.5, including the following: (a) Third-party debt servicecosts of the gross salary and wages or proportional shares thereof, payments due under any ground lease, real estate payroll taxes, personal property taxesworker’s compensation insurance, betterment assessments and similar governmental charges properly due with respect all other benefits of employees required to manage, operate and maintain the Property; Property properly, adequately, safely and economically, subject to this Agreement, provided that Property Manager shall not pay such employees in advance; (b) Costs cost to correct the violation of insurance maintained in accordance with Section 3.1; any governmental requirement relating to the leasing, use, repair and maintenance of the Property, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, if such cost is not the result of Property Manager’s gross negligence or willful misconduct; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs actual and reasonable cost of making all repairs, decorations and alterations and performing if such cost is not the result of Property Manager’s gross negligence or willful misconduct; (d) cost incurred by Property Manager in connection with all maintenance and preventive maintenance with respect to the Property; service agreements; (e) Cost cost of collection of delinquent rentals rents collected through by a collection agency which has been approved by Owner; or attorney; (f) Reasonable legal fees and expenses of attorneys incurred in the ordinary course of business in collecting delinquent receivables; attorneys; (g) Cost cost of capital expenditures; expenditures subject to the restrictions in Section 2.9 and in this Section; (h) Leasing commissions cost of printed checks for each account required for the Property and consultant fees payable to third parties approved by Owner; Company; (i) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); utilities; (j) Cost cost of advertising approved by Owner; advertising; (k) Cost cost of printed forms and supplies required for use at the Property; ; (l) Cost of printed checks for each account required by Owner; management compensation set forth in Section 9; (m) Cost cost of salary tenant improvements to the Property; (n) broker’s commissions; (o) debt service; (p) cost of utilities, services, contractors and wages insurance; (but not bonus payments, incentive compensation or other additional payments unless approved by Owner), payroll taxes, insurance, workerq) reimbursement of Property Manager’s compensation out-of-pocket costs and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only expenses to the extent that such costs relate to the period not prohibited by Section 8 below; (r) cost of such employees’ employment forms, papers, ledgers, and other supplies and equipment used in connection with the Property for the preparation of reports, information and returns to be prepared by Property Manager under the terms of this Agreement; (s) all expenses of Property Manager’s on-site office; (t) all other costs directly related to the Property; , including, but not limited to, communication costs (ntelephone, postage, etc.), computer rentals or time, supplies (paper, envelopes, business forms, checks, payroll forms and record cards, forms for governmental reports, etc.), printing, insurance, fidelity bonds, taxes and license fees, and general office expenses allocable to the Property; and (u) The Management Fee cost of routine travel by Property Manager’s employees or associates to and Payroll Handling Fee; and (o) Any from Property. All other expenses included in amounts not directly related to the Approved Annual Business PlanProperty or Company shall be payable solely by Property Manager, and shall not be paid out of the Operating Account or reimbursed by Company.

Costs Eligible for Payment from Operating Account. Subject to Other than the limitations Management Fee (the method for payment of which is set forth in Article 2 (including Sections 2.8(b) and 2.1213), Section 7.2 Manager may pay all expenses of the operation, maintenance and repair of the Property included in the Approved Annual Business Plan, and except as otherwise directed by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager Budget directly from the Operating Account, subject to the conditions set forth in Article 2, including the following: (a) Third-party debt service, payments due under cost to correct the violation of any ground lease, real estate taxes, personal property taxes, betterment assessments and similar governmental charges properly due with respect requirement relating to the leasing, use, repair and maintenance of the Property, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, subject to the limitations set forth in Section 2.3 and Section 2.5, if such cost is not the result of Manager's gross negligence; (b) Costs actual and reasonable cost to make all repairs, decorations and alterations, subject to Section 2.3 and 2.5, if such cost is not the result of insurance maintained in accordance with Section 3.1Manager's gross negligence; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs of making cost incurred by Manager in connection with all repairs, decorations and alterations and performing all maintenance and preventive maintenance with respect to the Property; (e) Cost of collection of delinquent rentals collected through a collection agency which has been service agreements approved by Owner; (d) cost of collection of delinquent rents collected by a collection agent approved by Owner in advance of retention; (e) legal fees of attorneys, provided such fees are included in the Approved Budget; legal fees not so included shall be eligible for payment from the Operating Account only if Owner has approved the specific rate for such attorney's fee and the specific task of such attorney in advance of payment; (f) Reasonable legal fees and expenses cost of attorneys incurred in all audits pursuant to the ordinary course of business in collecting delinquent receivablesOwner's direction; (g) Cost cost of capital expendituresexpenditures subject to the restrictions in Section 2.9 and in this Article; (h) Leasing commissions and consultant fees payable to third parties approved cost of printed checks for each bank account required by OwnerOwner plus any other bank charges; (i) Amounts due under Service Contracts and cost of all utilities (other than costs for which any tenant is directly responsible provided to the utility company)Property and not billed directly to tenants; (j) Cost cost of advertising advertising, including brochures and mailers, approved by Owner; (k) Cost cost of printed forms and supplies required for use at the Property;; and (l) Cost First Class postage for Monthly Operating Statements, Final Statements, and other normal, routine communications and overnight letter postage for time sensitive, extraordinary mailings. Manager shall pay from the Operating Account the cost of printed checks for each account required refurnishing, rehabilitating, remodeling or otherwise preparing areas covered by Owner; (m) Cost of salary and wages (but not bonus payments, incentive compensation or leases as provided in the Approved Budgets. All other additional payments unless amounts payable with respect to the Property shall be payable from the Operating Account to the extent approved by Owner), payroll taxesas provided in this Agreement, insurance, worker’s compensation and or in such other benefits, all only manner as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only to the extent that such costs relate to the period of such employees’ employment in connection with the Property; (n) The Management Fee and Payroll Handling Fee; and (o) Any other expenses included in the Approved Annual Business PlanOwner designates.

Costs Eligible for Payment from Operating Account. Subject The Asset Manager shall pay out of funds on deposit in the Reserve Account (defined term) or otherwise advanced from time to time by the limitations of Article 2 (including Sections 2.8(b) and 2.12), Section 7.2 and the Approved Annual Business Plan, and except as otherwise directed by OwnerProperty LLC, the following expensesactual and reasonable out-of-pocket costs and expenses of the operation, maintenance and repair of the Property and to the extent incurred in accordance with this Agreement and any such amounts are advanced by the Approved Annual Business PlanAsset Manager (provided, the Asset Manager shall have no obligation to advance any amount) shall be paid reimbursed by Manager directly from the Operating Accountapplicable Property LLC, including, without limitation, the following: (a) Third-party debt service, payments due under cost to correct the violation of any ground lease, real estate taxes, personal property taxes, betterment assessments and similar governmental charges properly due with respect requirement relating to the leasing, use, repair and maintenance of such part of the Property, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, if such cost is not the result of the Asset Manager’s gross negligence or willful misconduct; (b) Costs of insurance maintained in accordance with Section 3.1; (c) Costs to correct any violation of any Legal Requirements or Insurance Requirements; (d) Actual costs actual and reasonable cost of making all repairs, decorations and alterations and performing if such cost is not the result of the Asset Manager’s gross negligence or willful misconduct; (c) cost incurred by the Asset Manager in connection with all maintenance and preventive maintenance with respect to the Propertyservice agreements; (d) cost of collection of delinquent rents collected by a collection agency or attorney; (e) Cost legal fees of collection of delinquent rentals collected through a collection agency which has been approved by Ownerattorneys; (f) Reasonable legal fees and expenses of attorneys incurred in the ordinary course of business in collecting delinquent receivables; (g) Cost cost of capital expenditures; (hg) Leasing commissions and consultant fees payable to third parties approved by Ownercost of advertising; (ih) Amounts due under Service Contracts and if applicable, cost of utilities (other than costs for which any tenant is directly responsible to the utility company); (j) Cost of advertising approved by Owner; (k) Cost of printed forms and supplies required for use at the Property; (i) management compensation set forth in Article 6; (j) the cost of tenant improvements to the Property; (k) broker’s commissions; (l) Cost of printed checks for each account required by Ownerdebt service; (m) Cost the cost of salary utilities, services, contractors and wages (but not bonus payments, incentive compensation or other additional payments unless approved by Owner), payroll taxes, insurance, worker’s compensation and other benefits, all only as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only to the extent that such costs relate to the period of such employees’ employment in connection with the Property; (n) The Management Fee reimbursement of the Asset Manager’s actual out-of-pocket costs and Payroll Handling Feeexpenses to the extent not prohibited by Article 5; and (o) Any cost of routine travel by the Asset Manager’s employees or associates to and from the Property. All other expenses included in amounts not directly related to the Approved Annual Business PlanProperty or the Owner or related Property LLC, as the case may be, shall be payable solely by the Asset Manager and shall not be paid out of the related Reserve Account or reimbursed by the Owner or Property LLC, as the case may be.

Costs Eligible for Payment from Operating Account. Subject to Other than the limitations Management Fee (the method for payment of which is set forth in Article 2 (including Sections 2.8(b) and 2.1213), Section 7.2 Manager may pay all expenses of the operation, maintenance and repair of the Property included in the Approved Annual Business Plan, and except as otherwise directed by Owner, the following expenses, to the extent incurred in accordance with this Agreement and the Approved Annual Business Plan, shall be paid by Manager Budget directly from the Operating Account, subject to the conditions set forth in Article 2, including the following: (a) Third-party debt servicecosts of the gross salary and wages or proportional shares thereof, payments due under any ground lease, real estate payroll taxes, personal property taxesworkmen's compensation, betterment assessments termination benefits payable pursuant to applicable law and similar governmental charges properly due with respect all other benefits of Manager's employees required to manage, operate and maintain the Property properly, afely and economically, which costs are approved by Owner pursuant to the PropertyApproved Budgets, subject to this Agreement, provided that shall not pay such employees in advance; (b) Costs cost to correct the violation of insurance maintained any governmental requirement relating to the leasing, use, repair and maintenance of the Property, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, subject to the limitations set forth in accordance with Section 3.12.3 and Section 2.5, if such cost is not the result of Manager's gross negligence; (c) Costs actual and reasonable cost to correct any violation make all repairs, decorations and alterations, subject to Section 2.3 and 2.5, if such cost is not the result of any Legal Requirements or Insurance RequirementsManager's gross negligence; (d) Actual costs of making cost incurred by Manager in connection with all repairs, decorations and alterations and performing all maintenance and preventive maintenance with respect to the Property; (e) Cost of collection of delinquent rentals collected through a collection agency which has been service agreements approved by Owner; (e) cost of collection of delinquent rents collected by a collection agent approved by Owner in advance of retention; (f) Reasonable legal fees and expenses of attorneys incurred attorneys, provided such fees are included in the ordinary course Approved Budget; legal fees not so included shall be eligible for payment from the Operating Account only if Owner has approved the specific rate for such attorney's fee and the specific task of business in collecting delinquent receivablessuch attorney in, advance of payment; (g) Cost cost of capital expendituresall audits pursuant to the Owner's direction; (h) Leasing commissions cost of capital expenditures subject to the restrictions in Section 2.9 and consultant fees payable in this Article; (i) cost of printed checks for each bank account required by Owner plus any other bank charges; (j) cost of all utilities provided to third parties the Property and not billed directly to tenants; (k) cost of advertising, including brochures and mailers, approved by Owner; (il) Amounts due under Service Contracts and cost of utilities (other than costs for which any tenant is directly responsible to the utility company); (j) Cost of advertising approved by Owner; (k) Cost of printed forms and supplies required for use at the Property; (l) Cost of printed checks for each account required by Owner;; and (m) Cost First Class postage for Monthly Operating Statements, Final Statements, and other normal, routine communications and overnight letter postage for time sensitive, extraordinary mailings. Manager shall pay from the Operating Account the cost of salary and wages (but not bonus paymentsrefurnishing, incentive compensation rehabilitating, remodeling or otherwise preparing areas covered by leases as provided in the Approved Budgets. All other additional payments unless amounts payable with respect to the Property shall be payable from the Operating Account to the extent approved by Owner), payroll taxesas provided in this Agreement, insurance, worker’s compensation and or in such other benefits, all only manner as specifically set forth on the approved Reimbursable Employee Expense Schedule, but only to the extent that such costs relate to the period of such employees’ employment in connection with the Property; (n) The Management Fee and Payroll Handling Fee; and (o) Any other expenses included in the Approved Annual Business PlanOwner designates.