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 as the agent 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 II and except that Owner shall not be obligated to reimburse Manager for any expense (i) allocable to time spent on projects other than the Project, on work otherwise unrelated to the Project or on Manager’s general administration, (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 prorata basis) at the Project site or in specifically performing Manager’s obligations hereunder, whether on or off the Project site or (iii) that is not authorized by the Annual Business Plan. Manager may use employees normally assigned to other work centers or part-time employees to properly staff the Project, on a reduced, increased or emergency work load basis, including property, business and assistant managers, leasing directors, administrative personnel, maintenance employees and maintenance supervisors, whose wages and related expenses shall be reimbursed on a prorata basis for the time actually spent at or for the Apartments but only to the extent reflected in the Annual Business Plan. A property manager or business manager at the Apartments and any other persons performing functions only at the Apartments substantially similar to those of a business manager, including but not limited to assistant managers, leasing directors, leasing agents, sales directors, sales agents, bookkeepers, and other on-site administrative and/or maintenance personnel performing work on behalf of the Property, if they are on-site personnel, shall not be considered executive employees of Manager and shall be collectively referred to herein as “Project Employees”. The staffing plan including, without limitation, the number and positions of all Project Employees and off-site employees and all compensation and benefits for all Project Employees and off-site employees shall be in accordance with the Annual Business Plan or as otherwise approved by Owner in writing. Owner acknowledges that the following miscellaneous documented expenses, when reasonably incurred in respect to the performance of Manager’s obligations under this Agreement, shall be reimbursable by Owner to the extent reflected in the Ann...
Expense of Owner. 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. 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. Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to include the words "at the expense of the "Owner" unless the context specifically otherwise requires.
Expense of Owner. Subject to compliance by Brandywine with the applicable Budgets, all obligations or expenses incurred hereunder, including but not limited to on-site maintenance personnel and wages and payroll costs with respect thereto, shall be for the account of, on behalf of, and at the expense of Owner; provided, however, that Owner shall not be obligated to reimburse Brandywine for any overhead expense of Brandywine incurred in its general offices, or for salaries of any executives or supervisory personnel of Brandywine.
Expense of Owner. Obligations or expenses incurred under this Agreement shall be for Owner’s account, but only as approved by Owner in writing. Owner shall NOT reimburse Independent Contractor for expenses unless otherwise approved by Owner in writing.
Expense of Owner. Section 3.1 of the Original Agreement is hereby amended to replace subsection (a) with the following:
Expense of Owner. (a) Owner shall be liable for the costs and expenses of maintaining and operating the Properties (“Operating Expenses”) and all Capital Expenditures made with respect to the Properties, and except as otherwise specifically provided in this Agreement, Owner shall pay for all reasonable costs and expenses incurred by Manager in connection with the maintenance or operation of the Properties or the performance by Manager of its duties under this Agreement. Owner shall not be obligated to pay for (i) purchases of, or contracts for, materials or services constituting overhead of Manager and centralized software and computer support, (ii) expenses for Manager’s office equipment, supplies, materials or services, (iii) any overhead expenses of Manager incurred with respect to its general offices, or (iv) any salaries of personnel of Manager. Owner shall not be obligated to reimburse Manager for any obligations or expenses arising from or relating to (A) the gross negligence, fraud or willful misconduct of Manager, Manager Subsidiaries or the Third-Party Management Companies, or (B) any breach by Manager under this Agreement.
(b) Manager is hereby authorized to incur Operating Expenses and Capital Expenditures on behalf of Owner, the necessity, nature and amount of which may be determined in Manager’s discretion in accordance with Due Care. Manager shall use commercially reasonable efforts to incur Operating Expenses, and Capital Expenditures within the limits prescribed by the Operating Budget; provided that, subject to the limitations on reimbursement specified in paragraph (c) below, Manager may at any time incur Operating Expenses and Capital Expenditures in amounts that exceed the Operating Expenses and Capital Expenditures specified in the Operating Budget if and to the extent that Manager determines that it is necessary or advisable to do so.
(c) Manager shall maintain accurate records with respect to each Property reflecting the status of Operating Expenses and Capital Expenditures payable in respect thereof and shall furnish to Owner from time to time such information regarding the payment status of such items as Owner’s lenders may from time to time reasonably request. Manager shall arrange for the payment of all Operating Expenses and Capital Expenditures payable by Owner as the same become due and payable out of funds available for that purpose in Owner’s Operating Account (excluding any amount paid from any reserve funds held by Owner’s lenders). All Op...
