Expense of Owner. All acts performed by Manager in the performance of its obligations under this Agreement shall be performed as an independent contractor of Owner, and all obligations or expenses incurred thereby, shall be for the account of, on behalf of, and at the expense of Owner, except as otherwise specifically provided in this Article 3, provided Owner shall be obligated to reimburse Manager only for the following:
Expense of Owner. Everything done by Manager under the provisions of ARTICLE 4 shall, in accordance with the provisions of ARTICLE 4, and all obligations or expenses incurred under the provisions of this ARTICLE 5 shall, in accordance with this ARTICLE 5, be for the account of, on behalf of and at the expense of Owner except that Owner shall not be obligated to reimburse Manager for any obligations or expenses resulting from the gross negligence, fraud or willful misconduct of Manager, nor for the failure of Manager to perform its obligations and duties under this Agreement. Except to the extent specifically set forth herein, Manager shall not be obligated to pay any expenses or charges from its own funds.
Expense of Owner. All acts performed by Manager in the performance of its obligations under this Agreement shall be performed on behalf of Owner, and all obligations or expenses incurred thereby, if included in the Annual Business Plan or otherwise approved in writing by Owner, shall be for the account of, on behalf of, and at the expense of Owner, except as otherwise specifically provided in this Article III. Owner shall not be obligated to reimburse Manager for any expense allocable to (i) time spent on projects other than the Project, or (ii) any personnel other than personnel located at the Project site and personnel spending a portion of their working hours (to be charged on a pro rata basis) at the Project site or in specifically performing Manager’s obligations hereunder, whether on or off the Project site. Manager may use employees normally assigned to other work centers or part-time employees to properly staff the Project, whose wages and related expenses shall be reimbursed on a pro rata basis for the time actually spent at or for the Project to the extent set forth in the applicable Annual Business Plan. Owner shall reimburse to Manager the costs and expenses incurred by Manager on Owner’s behalf including the wages and salaries and other employee-related expenses and benefits of all on-site and affiliate employees of Manager who are engaged in the operation, management, maintenance and leasing or access of a Project, including taxes, insurance and benefits relating to such employees, costs of technology related to the Projects, including computers, telephone systems and property management and accounting software and any upgrades or conversions thereof, and legal, travel and other out-of-pocket expenses directly related to the management of a Project, provided that such items are reflected in the Annual Business Plan. Owner acknowledges that the following miscellaneous expenses, when incurred with respect to the performance of Manager’s obligations under this Agreement, shall be reimbursable to Manager by Owner (which list of expenses is not intended to be all-inclusive) to the extent set forth in the applicable Annual Business Plan: courier services, postage, photocopies, signage, check printing, marketing expenses, bank charges, telephone and answering service (which may be allocated on a pro rata basis among the Project and other projects managed by Manager). All reimbursable payments made by Manager hereunder shall be reimbursed by Owner from funds deposited...
Expense of Owner. All actions by Manager under the provisions of this Agreement shall be done as the agent of Owner. Except as otherwise expressly provided herein, all obligations, costs or expenses incurred by Manager hereunder, or otherwise related to the Property in any manner whatsoever, shall be for the account of, on behalf of, and at the expense of, Owner; provided, however, Owner shall not be obligated to reimburse Manager for: Manager’s home office employees, salaries paid to any executive officer of Manager, Manager’s overhead, home office administrative expenses or for any salaries or wages allocable to time spent on projects other than the Property. A property or resident manager employed at the Property and any other persons performing functions substantially similar to those of a resident manager, including but not limited to assistant managers, leasing directors, leasing agents, sales directors, sales agents, bookkeepers, and other administrative and/or maintenance personnel employed at the Property, shall not be considered executive employees of Manager, and all costs associated with such personnel shall be the expense of Owner.
Expense of Owner. 86. Every provision of this Agreement by which the Subdivider is obliged in any way shall be deemed to include the words “at the expense of the Subdivider” unless the context specifically requires otherwise.
Expense of Owner. Any and all costs, expenses and obligations incurred by Manager pursuant to this Agreement, including but not limited to, postage, office supplies, costs associated with the installation of any equipment, Flashvalet service (if applicable), parking tickets, hang tags, credit card and mobile applicable fees, on-site maintenance personnel and wages, payroll costs, employee uniforms and employee benefits with respect thereto shall be for the account of, on behalf of, and at the sole cost and expense of the Owner and shall in all cases be reimbursed to Manager.
Expense of Owner. Owner shall be liable for the costs and expenses of maintaining, renovating and operating the Properties subject to Property Manager’s compliance with the Annual Business Plan and Budget, and except as otherwise specifically provided in this Agreement, Owner shall pay for all reasonable costs and expenses provided in the Annual Business Plan and Budget incurred by Property Manager in connection with the maintenance, renovation or operation of the Properties or the performance by Property Manager of its duties under this Agreement. Owner shall not be obligated to pay for (a) purchases of, or contracts for, materials or services and centralized software and computer support, (b) expenses for Property Manager’s office equipment, supplies, materials or services, (c) any overhead expenses of Property Manager incurred with respect to its general offices, or (d) any salaries of off-site supervisory personnel of Property Manager. Owner shall not be obligated to reimburse Property Manager for any obligations or expenses arising from or relating to (A) the negligence, fraud or willful misconduct of Property Manager, the Property Manager Subsidiaries or the Third-Party Property Managers, or (B) any breach by Property Manager under this Agreement. Notwithstanding anything herein to the contrary, in no event shall Property Manager be entitled to reimbursement amounts unless otherwise expressly set forth in the approved Annual Business Plan and Budget or otherwise expressly permitted under this Agreement or expressly approved by Owner in writing.
Expense of Owner. All services performed by Manager under this Agreement shall be at the expense of Owner. Notwithstanding any other provision of this Agreement, Manager shall not be obligated to make any advance to or for the account of Owner or to pay any sums, except out of funds held in any account maintained under Article VI, nor shall Manager be obligated to incur any liability or obligation for the account of Owner without assurance that the necessary funds for the discharge thereof are or shall be available, nor shall Manager be responsible for the failure of the Facility to be managed, operated, or maintained to the standard required by this Agreement as a result of Owner's failure to provide funds for the Facility.
Expense of Owner. Section 3.1 of the Original Agreement is hereby amended to replace subsection (a) with the following:
Expense of Owner. All expenses incurred by Manager in performing its obligations pursuant to Article II shall be considered an operating expense to be borne by Owner, except as otherwise specifically provided in Article II or elsewhere herein and except that Owner shall not be obligated to reimburse Manager for office equipment or office supplies of Manager (unless used at the Property site), for any overhead expense of Manager incurred in its general offices, for any salaries of executive employees of Manager, for any salaries or wages allocable to time spent on projects other than the Property, or for any salaries, wages, and expenses for any personnel other than personnel located on at the Property Site and personnel spending a portion of their working hours (to be charged on a pro rata basis) at the Property site or in specifically performing Manager's management duties hereunder, whether on or off the Property site, except Owner shall pay all reasonable travel and lodging expenses. The on-site manager at the Property and any other persons performing functions substantially similar to those of a resident manager, including but not limited to assistant managers, on-site bookkeepers, and on-site maintenance personnel, shall not be considered executive employees of the Manager. All payments to be made by Manager hereunder shall be reimbursed pursuant to Section 3.6 hereof. Manager shall not be obligated to make any advance to or for the account of Owner or to pay any sums, except out of funds held in any account maintained under Section 3.6, nor shall Manager be obligated to incur any liability or obligation for the account of Owner unless the necessary funds for the discharge thereof are in the Property's operating account or will be provided by Owner on a timely basis.
