Common use of ITEMS OF COST Clause in Contracts

ITEMS OF COST. For the purposes of this Agreement, the cost of the Project shall embrace all the costs, but only the costs, permitted by the Act of acquiring, constructing and installing the Project and, without intending thereby to limit or restrict any proper definition of such cost under the Act, shall include: (a) Payment to the Company of such amounts, if any, as shall be necessary to reimburse the Company in full for all advances and payments made by it or for its account at any time prior to or after the delivery of the Bonds for expenditures in connection with the acquisition of any property required for the Project, including payment of any short-term, temporary or other borrowings, bonds, notes or other evidences of indebtedness (including any unpaid fees, charges or costs in connection therewith), the proceeds of which have been applied to the payment of items of the cost of the Project, the preparation of plans and specifications for the Project (including any preliminary study or planning of the Project or any aspect thereof and any reports or analyses concerning the Project), the acquisition, construction and installation of the Project including reimbursement to the Company for allowance for interest paid on indebtedness incurred for the Project during construction prior to the date of the Bonds, interest on the Bonds during construction which shall mean a period beginning with the date of delivery of the Bonds and ending on the date the acquisition, construction and installation for the Project shall have been completed, except if the Project shall consist of facilities which will be placed in service at different times, the date of which interest may be paid from Bond proceeds will be the date upon which the facilities financed from Bond proceeds will be placed in service and all real or personal property deemed necessary in connection with the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services). (b) Payment for labor, services, materials and supplies used or furnished in site improvement and in the acquisition, construction and installation of the Project, all as provided in the plans and specifications therefor, payment for the cost of the acquisition, construction and installation of utility services or other facilities, and all real and personal property deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing items. (c) To the extent not paid by a contractor in connection with any part of the Project, payment of the premiums on all insurance required to be taken out and maintained until the completion date, or reimbursement thereof, if paid by the Company. (d) Payment of the taxes, assessments and other charges, if any, that may become payable until the completion date, or reimbursement thereof, if paid by the Company. (e) Payment of expenses incurred with approval of the Company in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to the Project. (f) Payment, as they become due, of the fees and expenses of the Paying Agent properly incurred under this Agreement that may become due until the Completion Date. (g) Payment of any other costs and expenses relating to the acquisition, construction and installation of the Project (including testing). (h) Payment of costs of issuing the Bonds, but only in an amount not in excess of 2% of the sale proceeds of the Bonds.

Appears in 2 contracts

Samples: Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Teco Energy Inc)

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ITEMS OF COST. (a) For the purposes purpose of this AgreementIndenture, the cost costs of the Project payable from the Construction Fund shall embrace include all the costs, but only the costs, permitted by the Act costs of acquiring, constructing constructing, installing and installing equipping the Project and all other items of cost incident to such acquisition, construction, installation and equipping and the financing thereof and, without intending thereby to limit or restrict any proper definition of such cost costs under the Actapplicable law, shall include: (a1) Payment payment to the Company of such amountsamounts incurred, if any, as shall be are necessary to reimburse the Company in full for all advances and payments made by it or for its account at any time prior account, with respect to or after the delivery of the Bonds Project for expenditures in connection with the acquisition of any property required for the Project, including payment of any short-term, temporary or other borrowings, bonds, notes or other evidences of indebtedness (including any unpaid fees, charges or costs in connection therewith), the proceeds of which have been applied to the payment of items of the cost of the Project, the preparation of the plans and specifications for the Project (including any preliminary study or planning of the Project Project), or any aspect thereof and any reports or analyses concerning the Project), the acquisition, construction and installation of the Project including reimbursement to the Company for allowance for interest paid on indebtedness incurred for the Project during construction prior to the date of the Bonds, interest on the Bonds during construction which shall mean a period beginning with the date of delivery of the Bonds and ending on the date the acquisition, construction and installation for the Project shall have been completed, except if the Project shall consist of facilities which will be placed in service at different times, the date of which interest may be paid from Bond proceeds will be the date upon which the facilities financed from Bond proceeds will be placed in service and all real or personal property deemed necessary in connection with the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services).; (b2) Payment the cost of acquiring by purchase, if such purchase shall be deemed expedient, such land, property rights, rights of way, franchises, easements and other interests as may be deemed necessary or convenient in connection with the construction and operation of the Project, options and partial payments therein; the cost of filing, drawing or improving any lands so acquired, and the amount of any damages incident to or consequent upon the construction and operations of the Project; including the cost of the preparation of the plans and specifications (including any preliminary study or planning of the Project, or any aspect thereof and any reports or analyses concerning the Project, and all real or personal property deemed necessary in connection with the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services); (3) payment for labor, services, materials and supplies used or furnished in site improvement the acquisition and in the acquisition, construction and installation of the Project, all as provided in the plans and specifications thereforspecifications, payment for the cost of the acquisition, construction construction, installation and installation of utility services or other facilitiesfacilities and equipment, and all real and personal property deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing items.; (c4) To the extent not paid by a contractor in connection with any part of the Project, payment of the premiums on all insurance required to be taken out and maintained until the completion date, or reimbursement thereof, if paid by the Company. (d) Payment of the taxes, assessments and other charges, if any, that may become payable until the completion date, or reimbursement thereof, if paid by the Company. (e) Payment of expenses incurred with approval of the Company in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to the Project. (f) Payment, as they become due, of the fees and expenses of the Paying Agent properly incurred under this Agreement that may become due until the Completion Date. (g) Payment of any other costs and expenses relating to the (i) acquisition, construction and installation equipping of the Project, including capitalized interest and capitalized credit enhancement fees, if any, on the Bonds during the period of construction of the Project, (ii) all Costs of Issuance or (iii) administration properly chargeable to the Project and the placing of the Project (including testing).in operation; and (h5) Payment the cost of costs any indemnity and surety bonds to secure deposits in the Construction Fund, the fees and expenses of issuing the Bonds, but only in an amount not in excess of 2% any depository or depositories of the sale proceeds of the Bonds.Construction Fund during construction, taxes or other municipal or governmental charges lawfully levied or assessed during

Appears in 1 contract

Samples: Indenture of Trust (Sterigenics International)

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ITEMS OF COST. For the purposes of this Agreement, Trust Agreement the cost Cost of the Project shall embrace all the costs, but only the costs, Costs permitted by the Act of acquiringin connection with the Project, constructing and installing the Project and, including without intending thereby to limit or restrict any proper definition of such cost under the Act, shall includelimitation: (ai) Payment payment to the Company Borrower and the Authority, as the case may be, of such amounts, if any, as shall be necessary to reimburse the Company Borrower and the Authority in full for all advances and payments made by it them or either of them or for its account their accounts, with respect to the Project at any time prior to or after the delivery Cost of the Bonds Project Reimbursement Date for expenditures in connection with the Cost of the Project, including, but not limited to, the acquisition of any property required for the Project, including payment of any short-term, temporary or other borrowings, bonds, notes or other evidences of indebtedness (including any unpaid fees, charges or costs deemed necessary in connection therewith), the proceeds of which have been applied to the payment of items of the cost of with the Project, the preparation of plans the Plans and specifications for Specifications as defined in the Project Loan Agreement) (including any preliminary study or planning of the Project Project, or any aspect of either thereof and any reports or analyses concerning the Project), the acquisition, acquisition and construction and installation of the Project including reimbursement to the Company for allowance for interest paid on indebtedness incurred for the Project during construction prior to the date of the BondsProject, interest on the Bonds during construction which shall mean a period beginning with the date of delivery of the Bonds and ending on the date the acquisition, construction and installation for the Project shall have been completed, except if the Project shall consist of facilities which will be placed in service at different times, the date of which interest may be paid from Bond proceeds will be the date upon which the facilities financed from Bond proceeds will be placed in service and all real or and personal property deemed necessary in connection with the Project, or any one or more of said expenditures expenditures; (ii) payment of interest on the Bonds during the period beginning on the Issue Date an ending on the Completion Date and for 180 days thereafter, including any payments by the Borrower under any interest rate swap arrangement relating to interest on obligations incurred by the Borrower in respect of the Project; (iii) payment of the Costs of Issuance; (iv) payment for labor, services (including architectural, engineering and supervisory supervisor services). (b) Payment for labor, services, materials and supplies used or furnished in site improvement and in the acquisition, acquisition and construction and installation of the Project, all as provided in the plans and specifications therefor, payment for the cost of the acquisition, construction and installation of utility services or other facilities, and all real and personal property deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing items.; (cv) To the extent not paid by a contractor in connection with any part of the Project, payment of the premiums on all insurance required to be taken out and maintained until the completion date, or reimbursement thereof, if paid by the Company. (d) Payment of the taxes, assessments and other charges, if any, that may become payable until the completion date, or reimbursement thereof, if paid by the Company. (e) Payment of expenses incurred with approval of the Company in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to the Project. (f) Paymentpayment, as they become due, of the fees fees, commissions and expenses of the Paying Agent Trustee and the Letter of Credit Bank properly incurred under this Trust Agreement that may become due until or the Reimbursement Agreement prior to the Completion Date.; (gvi) Payment payment of any other costs and expenses relating to the acquisition, construction and installation of the Project (including testing). (h) Payment of costs of issuing , or the Bondsauthorization, but only in an amount not in excess of 2% of the issuance and sale proceeds of the Bonds; and (vii) payment of the Administrative Fee.

Appears in 1 contract

Samples: Trust Agreement (WMS Hotel Corp)

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