Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) rent under Superior Leases, if any (except to the extent that any such rent constitutes a pass-through of expenses that would otherwise qualify as Operating Expenses under the Lease); (g) management fees to the extent in excess of 5% of the gross rentals and other revenues collected for the Real Property (provided, however, that to the extent that management fees in any Comparison Year exceed as a percentage of revenues the percentage of revenues used to determine management fees in the Base Year, then, for purposes of determining the amount of Tenant’s Operating Payment for such Comparison Year, Base Operating Expenses shall be retroactively adjusted to reflect the amount of Base Operating Expenses that would have been incurred had the increased percentage of management fee been applicable in the Base Expense Year); (h) wages, salaries and benefits paid to any persons above the grade of building manager (or comparable designation); (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a “rent-inclusion” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs (other than management fees) paid to any related entity in excess of costs that would be payable in an “arm’s length” or unrelated situation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) advertising and promotional expenses in connection with leasing of the Building; (p) fines, interest, penalties and legal fees arising out of Landlord’s failure to timely pay Ope...
Excluded Expenses. The Manager shall not reimburse the Fund for, and the Fund shall continue to be responsible for the payment of, taxes, brokerage fees and commissions, redemption fees and other shareholder charges associated with investments in other mutual funds, interest expenses with respect to borrowings by the Fund and non-recurring and extraordinary expenses of the Fund.
Excluded Expenses. Notwithstanding anything herein contained and for the avoidance of any doubt, the Management Expenses payable by the Owners in accordance with this Deed shall not include:-
Excluded Expenses. Costs incurred following the initial dispatch of any ground resources to the fire for the duration of the initial 24-hour mutual aid period. • FPA equipment and repair/maintenance costs associated with wildland fire response and normal wear and tear. • Individuals and agencies when in “mutual aid” to FPA. • “Profit” and Administrative fees. • Agency Overhead personnel not specifically assigned to the incident • Non-expendable (non-consumable) accountable property, i.e. Chainsaws, FAX Machines, and Mobile Air Conditioners. • Claims and award payments. • Interest and indemnities payments. • FPA Burned Area Emergency Rehabilitation (XXXX) beyond suppression damage repair. • Resources demobilized before the end of the mutual aid period. • Escaped Prescribed Xxxxx FPA.
Excluded Expenses. In performing the Basic Services, any expenses incurred by the Architect or its consultants for postage (regular or overnight), telephone, facsimile transmittal, document or Submittal transmittal, plotting and printing drawings for the Architect’s in-house use and review, transportation and travel (to the Project site, Owner’s office, locations of Specified Inspections, and other locations necessary for the conduct of Project-related business) are deemed normal expense of doing business and are not reimbursable. Expenses that are not specifically identified as Reimbursable Expenses in the Special Provisions of the Agreement or added through an Amendment are deemed to be covered by the Basic Fee and excluded as Reimbursable Expenses.
Excluded Expenses. For purposes of this Agreement and this Schedule B, expenses related to postage, solicitation, tabulation and printing expenses in connection with proxy solicitations, shall be excluded for purposes of calculating any fee payable by the Funds, unless otherwise agreed to by the Funds and HASCO.
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) rent under Superior Leases, if any; (g) management fees equal to the greater of (A) 3% of the gross rentals and other revenues collected for the Real Property, and (B) fees charged by Landlord or related entities for the management by any of them of other first class properties in the area of the Building; (h) wages, salaries and benefits paid to any persons above the grade of Building Manager and their immediate supervisor; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any related entity in excess of costs that would be payable in an "arm's length" or unrelated situation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club unless Tenant is permitted to make use of such facility without additional cost or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials; (s) the cost of capital imp...
Excluded Expenses. Excluded Expenses" shall mean those costs and expenses incurred by Group which are (i) expressly identified as Excluded Expenses in this Agreement, and/or (ii) not Practice Expenses or Group Expenses expressly contemplated by or set forth in the Annual Budget.
Excluded Expenses. 20 Section 6.3
Excluded Expenses. Any amounts reimbursed to Apple under Section 6.1(c) shall be available to reduce amounts due to Apple in future months to the extent the Net Operating Amount for such future month exceeds 45% of the Orthodontic Entity's and Orthodontist's Cash Receipts so long as the applicable month to which this Section 6.2 applies is within the same calendar year as the month in which the obligation to reimburse Apple for amounts under Section 6.1(c) arose.
