Ineligible Costs. The Recipient agrees that, except as the Federal Government determines otherwise in writing, FTA will exclude ineligible costs incurred in connection with the Award or otherwise, such as:
(1) A cost the Recipient has incurred before the Effective Date of the Award as documented in the Underlying Agreement or any Amendments thereto that is not accompanied by FTA’s written approval, including, but not limited to, pre-award authority or a Letter of No Prejudice, and permitted by applicable federal law, regulation, guidance, or the Underlying Agreement or any Amendments thereto;
(2) A cost not included in the most recent Award Budget;
(3) A cost for property or services received in connection with any third party agreement lacking any FTA approval or concurrence in writing that is required;
(4) An ordinary governmental or operating cost not applicable to the Award, as prohibited by 49 U.S.C. § 5323(h)(1);
(5) A profit or fee for services provided by the Recipient or any of its Subrecipients in implementing the Award; or
(6) A cost that is ineligible for FTA participation as provided in applicable federal law, regulation, requirement, or guidance.
Ineligible Costs. ‘Ineligible costs’ are:
(a) costs that do not comply with the conditions set out above (see Article 6.1) and
(b) costs declared under another EU or Euratom grant (including grants awarded by a Member State and financed by the EU or Euratom budget and grants awarded by bodies other than the Agency for the purpose of implementing the EU and Euratom budget.
(c) OPTION for cost categories explicitly excluded in the work programme: [insert name of excluded cost category]].
Ineligible Costs. Ineligible Costs are:
(a) interest (or any payment in the nature of, in lieu of, or having the commercial effect of, interest) or other cost under, or in respect of, a Loan Facility;
(b) Foreign exchange and currency hedging costs;
(c) costs relating to formation of corporations or of any partnerships or joint venture arrangements, other than in respect of a unitisation as required by the Code;
(d) payments of dividends or the cost of issuing shares;
(e) repayments of equity or loan capital;
(f) payments of private override royalties, net profits interests and the like;
(g) all expenditure (including professional fees, publicity and out-of-pocket expenses) incurred in connection with the negotiation, signature or ratification of this Agreement and payments associated with the acquisition of an interest under this Agreement;
(h) payments of taxes under the taxation law of either Timor-Leste or Australia made in accordance with Article 5 of the Treaty and Annex G of the Treaty, and all other taxes on income, profit or gain wherever arising;
(i) payments of administrative accounting costs, and other costs indirectly associated with Petroleum Operations;
(j) except with the consent of the Designated Authority, costs incurred in respect of Petroleum after it has passed the Field Export Point;
(k) costs incurred as a result of non-compliance by the Contractor with the law or this Agreement, including costs incurred as a result of any negligent act or omission, or willful misconduct, of the Contractor, its agents and sub-contractors, including any amount paid in settlement of any claim alleging negligence or willful misconduct whether or not negligence or misconduct is admitted or whether such sum is stated to be paid on an ex-gratia or similar basis;
(l) payment of compensation or damages under this Agreement;
(m) costs relating to the settlement of disputes, which are not approved in advance by the Designated Authority, including all costs and expenses of arbitration or litigation proceedings under this Agreement;
(n) Decommissioning costs actually incurred which have been taken into account for the purposes of determining the Decommissioning Costs Reserve;
(o) payments, if any, under Article 9 of this Agreement;
(p) audit fees and accounting fees (excluding fees and expenses incurred for the conduct of audit and accounting services required by this Agreement) incurred pursuant to the auditing and accounting requirements of any law and all costs and expenses in...
Ineligible Costs. ‘Ineligible costs’ are:
(a) costs that do not comply with the conditions set out above (Article 5.1 to 5.4), in particular:
(i) costs related to return on capital;
(ii) debt and debt service charges;
(iii) provisions for future losses or debts;
(iv) interest owed;
(v) doubtful debts;
(vi) currency exchange losses;
(vii) bank costs charged by the partner’s bank for transfers from the
(viii) excessive or reckless expenditure;
(ix) deductible VAT;
(x) costs incurred during suspension of the implementation of the action (see Article 55 FPA);
(b) costs declared under another EU or Euratom grant (including grants awarded by a Member State and financed by the EU or Euratom budget and grants awarded by bodies other than the [Commission][Agency] for the purpose of implementing the EU or Euratom budget); in particular, indirect costs if the partner is already receiving an operating grant financed by the EU or Euratom budget in the same period, unless it can demonstrate that the operating grant does not cover any costs of the action.
Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be paid from the Funds being provided under this Agreement:
(a) Costs incurred which are not in accordance with section A5.1 of Schedule “A” of this Agreement;
(b) Any costs related to any ineligible projects set out under section D2.1 of Schedule “D” of this Agreement;
(c) Costs associated with the acquisition or leasing of:
(i) Land,
(ii) Buildings, (iii) Equipment,
Ineligible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.
Ineligible Costs. ‘Ineligible costs’ are:
(a) costs that do not comply with the conditions set out above (Article 6.1 to 6.4), in particular:
(i) costs related to return on capital;
(ii) debt and debt service charges;
(iii) provisions for future losses or debts;
(iv) interest owed;
(v) doubtful debts;
(vi) currency exchange losses;
(vii) bank costs charged by the beneficiary’s bank for transfers from the [Commission][Agency];
(viii) excessive or reckless expenditure;
(ix) deductible VAT;
(x) costs incurred during suspension of the implementation of the action (see Article 49);
(b) costs declared under another EU or Euratom grant (including grants awarded by a Member State and financed by the EU or Euratom budget and grants awarded by bodies other than the [Commission][Agency] for the purpose of implementing the EU or Euratom budget); in particular, indirect costs if the beneficiary is already receiving an operating grant financed by the EU or Euratom budget in the same period.
1. Ineligible costs
Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency; d) expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements.
Ineligible Costs. For greater certainty, any costs that do not qualify as Eligible and Supported Costs in accordance with section 1.0 of this Annex, shall be ineligible for inclusion in the Eligible Costs. By way of example only, ineligible costs include, but are not limited to, the following:
(a) costs of land, building or vehicle purchase;
(b) refinancing;
(c) costs of intangible assets such as goodwill, whether capitalized or expensed;
(d) depreciation or amortization expenses;
(e) interest on invested capital, bonds, debentures, or mortgages;
(f) bond discount;
(g) losses on investments, bad debts and any other debts;
(h) fines or penalties;
(i) costs related to litigation;
(j) non-incremental wages;
(k) fees for administrators, including payments to any member or officer of the Recipient’s Board of Directors;
(l) opportunity costs;
(m) hospitality and entertainment costs;
(n) costs of individual membership in a professional body (e.g. professional designations); and
(o) lobbyist fees.
Ineligible Costs. Any provision hereof to the contrary notwithstanding, a Requisition shall not be submitted, and no Requisition shall be payable or shall be paid, for the reimbursement of any of the following costs (each, an “Ineligible Cost,” and collectively, the “Ineligible Costs”):
(a) a cost that is not a “redevelopment cost” as defined in O.C.G.A. §36-44-3(8), which is part of the Redevelopment Powers Law;
(b) a cost whose reimbursement is not authorized as one of the Redevelopment Costs (i.e., “redevelopment costs” as defined in O.C.G.A. §36-44-3(8)) of a Redevelopment Project (as defined in the Redevelopment Plan);
(c) a cost whose reimbursement has not been authorized in accordance with the process and procedures contained in the Redevelopment Plan (for the avoidance of doubt, even if a cost is a Redevelopment Cost under the Redevelopment Plan, the Redevelopment Project and the reimbursement of such a cost must still be authorized in accordance with the process and procedures provided in the Redevelopment Plan);
(d) a cost whose reimbursement is not authorized by the “Athens-Xxxxxx County Unified Government Tax Allocation District (TAD) Funding Policies & Procedures” (“TAD Policies”), as in effect on the Effective Date, as approved by ACC or a cognizant department thereof;
(e) a cost whose reimbursement has not been authorized in accordance with the process and procedures contained in the form of IGA attached hereto as Schedule 9.2 and incorporated herein by reference;
(f) a cost that is not a Reimbursable Project Cost as defined in this Agreement;
(g) a cost that has not actually been paid by the Person submitting the Requisition;
(h) a cost paid or incurred prior to December 31, 2020, such being the date of creation of the TAD;
(i) a cost that is not in one of these categories: (A) a hard cost of the Project that will contribute to the tax digest of the TAD, (B) a soft cost that will contribute to the tax digest of the TAD, or (C) public infrastructure (including infrastructure licensed to ACC or otherwise available to and for the use and benefit of the public by virtue of a public easement). The foregoing shall not be construed to make ineligible the cost of an asset that is in public ownership but in which Owner retains an economic interest (such as a license or lease, or similar arrangement). An interest in property represented by any such license or lease, or similar arrangement owned by the Owner shall be subject to normal ad valorem property taxation in ac...
