Common use of Expenses to be Borne by Property Manager Clause in Contracts

Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping (exclusive of checks and bank charges) and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's compensation and other costs of Property Manager's corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representatives; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's corporate office, all costs of Property Manager's data processing equipment located at Property Manager's corporate office and all costs of data processing provided by computer service companies to Property Manager's corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 5 contracts

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping (exclusive of checks and bank charges) and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's compensation and other costs of Property Manager's corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representativesindemnification obligations under Section 8.01(A) below; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's corporate office, all costs of Property Manager's data processing equipment located at Property Manager's corporate office and all costs of data processing provided by computer service companies to Property Manager's corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 5 contracts

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site on-site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site on-site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping (exclusive of checks and bank charges) management and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's ’s compensation and other costs of Property Manager's ’s corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's ’s breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representatives; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's ’s corporate office, all costs of Property Manager's ’s data processing equipment located at Property Manager's ’s corporate office and all costs of data processing provided by computer service companies to Property Manager's ’s corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's ’s home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site on-site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site on-site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping termination (exclusive of checks on-site personnel and bank charges) attorneys’ fees), management and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's ’s compensation and other costs of Property Manager's ’s corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representatives’s indemnification obligations under Section 8.01(A) below; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's ’s corporate office, all costs of Property Manager's ’s data processing equipment located at Property Manager's ’s corporate office and all costs of data processing provided by computer service companies to Property Manager's ’s corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's ’s home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 2 contracts

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b4.01 (b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site on-site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site on-site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping (exclusive of checks and bank charges) and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's ’s compensation and other costs of Property Manager's ’s corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's ’s breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representatives; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's ’s corporate office, all costs of Property Manager's ’s data processing equipment located at Property Manager's ’s corporate office and all costs of data processing provided by computer service companies to Property Manager's ’s corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's ’s home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any, and the lease negotiations of on-site personnel), rent and other collection (exclusive of on‑site on-site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site on-site personnel and attorneys' fees), lease terminationtermination (exclusive of on-site personnel and attorneys’ fees), managementmanagement (exclusive of on-site personnel), accounting, bookkeeping (exclusive of checks and bank charges) and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's ’s compensation and other costs of Property Manager's ’s corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's ’s breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representatives; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's ’s corporate office, all costs of Property Manager's ’s data processing equipment located at Property Manager's ’s corporate office and all costs of data processing provided by computer service companies to Property Manager's ’s corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's ’s home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 2 contracts

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site on-site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site on-site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping (exclusive of checks and bank charges) and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's ’s compensation and other costs of Property Manager's ’s corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's ’s breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representatives; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's ’s corporate office, all costs of Property Manager's ’s data processing equipment located at Property Manager's ’s corporate office and all costs of data processing provided by computer service companies to Property Manager's ’s corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's ’s home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 1 contract

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Expenses to be Borne by Property Manager. Unless otherwise provided in the Approved Operating Budget or Section 4.01(b) below, expenses incurred in rendering all overall supervisory, lease negotiation (exclusive of lease commissions, if any), rent and other collection (exclusive of on‑site personnel, attorneys' fees and outside collection agency fees), lease enforcement (exclusive of on‑site personnel and attorneys' fees), lease termination, management, accounting, bookkeeping termination (exclusive of checks on‑site personnel and bank charges) attorneys' fees), management and recordkeeping and other services to be rendered by Property Manager in connection with the operations of the Property shall be borne by Property Manager and not charged to Owner. Without limiting the generality of the foregoing provisions of this section, the following expenses and costs incurred by and/or on behalf of Property Manager shall be at the sole cost and expense of Property Manager and shall not be reimbursed by Owner: (a) All costs of gross salary and wages, payroll taxes, insurance, workmen's compensation and other costs of Property Manager's corporate office and executive personnel (other than full time or part time personnel whose positions and salaries are specifically authorized in the Approved Operating Budget); (b) All costs incurred as a result of Property Manager's breach of this Agreement, and/or the negligence and/or willful misconduct of Property Manager and/or any one or more of its Affiliates, employees, independent contractors, agents and/or other representativesindemnification obligations under Section 8.01(A) below; (c) Unless otherwise provided in the Approved Operating Budget, all costs of forms, accounting materials, administrative materials, papers, ledgers and other supplies and equipment used in Property Manager's corporate office, all costs of Property Manager's data processing equipment located at Property Manager's corporate office and all costs of data processing provided by computer service companies to Property Manager's corporate office; (d) All costs of bonuses, incentive compensation, profit sharing or any pay advances to employees employed by Property Manager in connection with the operation and management of the Property, except for payments to individuals specifically set forth in the Approved Operating Budget or otherwise approved in writing by Owner in advance; (e) All costs of automobile purchases and/or rentals, unless provided for in the Approved Operating Budget or Approved Capital Budget or the automobile is being provided by Owner; (f) All costs of comprehensive crime insurance purchased by Property Manager for its own account; (g) All costs of meals, travel and hotel accommodations for Property Manager's home or regional office personnel who travel to and from the Property, unless expressly authorized by Owner; and (h) All costs (exclusive of fees that are directly property related, e.g., registration fee) of obtaining and maintaining such licenses, permits, consents and authorizations as are required by Section 2.02(n).

Appears in 1 contract

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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