Expense Recovery. Items of expense for which Tenant shall be liable to Landlord for in connection with a termination of this Lease for default shall include: (i) all collection costs and all costs of obtaining Tenant’s compliance with this Lease, including attorneys’ fees and enforcement costs; (ii)the unamortized portion of (a) leasing commissions paid in connection with this Lease, and (b) costs incurred by Landlord to improve the Premises (amortized on a straight line basis over the initial Term with interest at 12%); and (iii) all Landlord’s other costs proximately caused by the termination. The above sums shall be due and payable immediately upon notice from Landlord without regard to whether the cost or expense was incurred before or after the termination of this Lease. If proceedings are brought under the Bankruptcy Code, including proceedings brought by Landlord, which relate in any way to this Lease (in any of such cases a ‘Proceeding”), Landlord shall be reimburse for paid all costs incurred in connection with the Proceedings.
Expense Recovery. Items of expense for which Tenant shall indemnify Landlord shall include but not be limited to: (i) all costs and expenses incurred in collecting amounts due from Tenant under this Lease or obtaining Tenant's compliance with this Lease (including attorneys' fees); (ii) the unamortized portion of (a) leasing commissions paid in connection with this Lease, and (b) all costs incurred by Landlord to improve the Premises (such amortization to be based on a straight line basis over the initial Term with interest at [*]%); and (iii) all Landlord's other costs proximately caused by the termination. The above sums shall be due and payable immediately upon notice from Landlord without regard to whether the cost or expense was incurred before or after the termination of this Lease. If proceedings are brought under the Bankruptcy Code, including proceedings brought by Landlord, which relate in any way to this Lease (in any of such cases a "Proceeding"), then Landlord shall be paid the costs incurred by Landlord in connection with the Proceedings.
Expense Recovery. In addition to the foregoing fees, Consultant will receive an amount not to exceed $3,000 for each series of Bonds for preparation of official transcripts of the Bond proceedings, messenger and delivery services, costs of legal publication, photocopying and related matters. Said fees and expenses shall be payable solely from the proceeds of each series of Bonds and shall be entirely contingent upon the successful closing thereof. The compensation set forth is not set by law but is negotiable between the Consultant and the City. This agreement will go into effect immediately and will terminate upon issuance of the Bonds (or earlier termination by a party). Bonds are anticipated to be issued in November 2019.
Expense Recovery. Expenses for which Tenant shall indemnify Landlord shall include all third-party out of pocket collection costs, including attorneys' fees and all other third party out of pocket costs proximately caused by the Event of Default, with or without litigation, including any such costs incurred in connection with issues that are particular to a bankruptcy or any other type of proceeding and on appeal. These sums shall be due immediately upon notice from Landlord and shall bear interest at the Default Rate (Section 15.8) if not paid within 5 business days after written demand. If proceedings are brought under the Bankruptcy Code which relate to this Lease, Landlord shall be paid the costs incurred by Landlord in connection with the proceedings.
Expense Recovery. Owner shall pay directly, or shall reimburse Manager for, all actual costs and expenses (the "Expense Recovery") incurred in connection with the management and operation of the Project as contemplated by this Agreement by Manager or otherwise, including, without limitation, the cost of:
(i) gross salary and wages, payroll taxes, insurance, worker's compensation and other fringe benefits (collectively, "Compensation Expenses") of those management, accounting, professional, engineering and development, marketing and office personnel employed by Manager and/or any of its affiliates ("Employees") (but excluding X. X. Xxxxxxx) who render services (1) full time and on-site at the Project, (2) with respect to the Project but who are not on-site, with respect to whom the Compensation Expenses will be appropriately pro-rated and allocated to the Project, and (3) with respect to the Project but have multiple project responsibility, with respect to whom the Compensation Expenses will be appropriately prorated and allocated to the Project;
(ii) general accounting, bookkeeping, statistical and reporting services
(iii) forms, papers, ledgers, Federal Express, UPS or other courier charges, fax and other telephone services (including, without limitation, long distance charges), and other supplies and equipment used in Manager's office or elsewhere with respect to the Project;
(iv) electronic data processing, or any prorata charge thereof, for data processing provided by computer service companies, and computer and accounting equipment provided by Manager and/or any of its Affiliates;
(v) reasonable charitable contributions as elected by Manager, all of which must be made in accordance with applicable law;
(vi) advances made to Employees and cost of travel for matters directly related to Project operations;
(vii) comprehensive crime insurance or fidelity bonds purchased by Manager for its own account, as required herein, and/or for the account of Owner;
(viii) training expenses for Employees related to the Project and attendant licenses, trade associations and organizational affiliations for Employees;
(ix) employment or recruitment fees, severance fees or relocation expenses for Employees;
(x) advertising and marketing expenses related to the Project;
(xi) all sales and brokerage fees or commissions paid to brokers or sales agents, including internal fees or commissions paid to sales personnel;
(xii) legal and other professional services related to the Project; and
(xiii)...
Expense Recovery. Items of expense for which Tenant shall indemnify Landlord shall include but not be limited to all costs and expenses incurred in collecting amounts due from Tenant under this Lease (including attorneys' fees, litigation expenses and the like); the unamortized portion of (i) amounts in the nature of commissions paid by Landlord to leasing agents in connection with this Lease and (ii) all costs and expenses incurred by Landlord to improve the Premises pursuant to this Lease and (iii) any additional amount furnished in the nature of an allowance (all of such amortization to be based upon the assumption that such costs and expenses are amortized on a straight line bases over the initial Lease Term); and all Landlord's other reasonable expenditures proximately caused by the termination. All sums due in respect of the foregoing shall be due and payable immediately upon notice from Landlord that a cost or expense has been incurred without regard to whether the cost or expense was incurred before or after the termination of this Lease. In the event proceedings are brought under the Bankruptcy Code, including proceedings brought by Landlord, which relate in any way to this Lease including, without limitation, proceedings for the termination, assumption or assignment thereof or proceedings to secure adequate protection for Landlord or proceedings involving objections to the allowance of Landlord's claim (in any of such cases a "Proceedings"), then Landlord shall be paid in addition to any and all amounts due Landlord pursuant to the terms of this Lease such further amount as shall be sufficient to cover all costs and expenses incurred by Landlord with respect to the Proceeding, which costs and expenses shall include the reasonable compensation, costs, expenses, disbursements and advances of Landlord, its agents and attorneys.
Expense Recovery. If ADR will terminate this Agreement as a consequence of the failure by SESI to have met the condition provided for in Section 5.1 or Section 5.3 (except where at the time of termination any of the conditions in Section 5.1 or Section 5.3 will not have been met or may reasonably be determined to be not capable of being met), then SESI will make a payment to ADR on account of the amounts advanced to or on behalf of SESI by ADR in connection with this Agreement in accordance with the Loan and License Agreement dated for reference May 1, 2002.. In all other events, each of the parties hereto will bear their own costs.
Expense Recovery. Owner shall pay directly, or shall reimburse Manager for, all actual costs and expenses (the "Expense Recovery") incurred in connection with the management and operation of the Project as contemplated by this Agreement by Manager or otherwise, including, without limitation, the cost of:
(i) gross salary and wages, payroll taxes, insurance, worker's compensation and other fringe benefits (collectively, "Compensation Expenses") of those management, accounting, professional, engineering and development, marketing and office personnel employed by Manager and/or any of its affiliates ("Employees") (but excluding X.
Expense Recovery. In addition to the foregoing fees, Attorneys will be reimbursed for direct out-of-pocket expenses for travel, messenger and delivery services, court filing fees, costs of legal publication, photocopying and preparation of official transcripts of the proceedings, in an amount not to exceed $2,500. Payment of Attorneys’ fees and expenses will be due and payable upon the delivery of an invoice to the City following execution and delivery of the Financing Agreements and contingent on the execution and delivery of the Financing Agreements. The fee is not set by law but is negotiable between Attorneys and the City.
Expense Recovery. Items of expense for which Tenant shall be liable to Landlord for in connection with a termination of this Lease for default shall include: (i) all collection costs and all costs of obtaining Tenant’s compliance with this Lease, including attorneys’ fees and enforcement costs; and (ii) all Landlord’s other costs proximately caused by the termination. The above sums shall be due and payable immediately upon notice from Landlord without regard to whether the cost or expense was incurred before or after the termination of this Lease. If proceedings are brought under the Bankruptcy Code, including proceedings brought by Landlord, which relate in any way to this Lease (in any of such cases a “Proceeding”), Landlord shall be reimbursed for all costs incurred in connection with the Proceedings.
