Managers Cost Not to Be Reimbursed. The following expenses or costs incurred by or on behalf of the Property shall be at the sole cost and expense of Manager and shall not be reimbursed by Owner:
(a) Cost of gross salary and wages, payroll, taxes, insurance, worker's compensation, and other benefits of Manager's off-site personnel not permitted pursuant to Section 2.3 of this Agreement.
(b) Except as otherwise provided herein, general reporting services which shall be reasonably considered to be within the reasonable scope of the Manager's responsibility to Owner.
(c) Except to the extent recovered by Owner pursuant to its insurance coverage, cost attributable to losses arising from negligence or fraud on the part of Manager, Manager's associates or Manager's employees.
(d) Cost of comprehensive crime insurance or fidelity bond or other insurance purchased by Manager for its own account. Property Management Agreement
Managers Cost Not to Be Reimbursed. Except to the extent that such costs and expenses are approved for payment by Owner the following expenses or costs incurred by or on behalf of Manager in connection with the Property shall be at the sole cost and expense of Manager and shall not be reimbursed by Owner:
(a) Cost of forms, papers, ledgers, and other supplies and equipment used in the Manager’s office at any location off the Property.
(b) Cost attributable to losses arising from negligence or fraud on the part of Manager or Manager’s employees.
(c) Cost of all bonuses paid by Manager to Manager’s employees unless such bonuses have prior written approval of Owner.
Managers Cost Not to Be Reimbursed. Except to the extent that such costs and expenses are approved in writing for payment by the Enterprise, the following expenses or costs incurred by or on behalf of Manager in connection with the management of the Casino shall be borne solely by Manager and shall not be reimbursed by the Enterprise (without intending to expand hereby any category of the reimbursable costs):
(a) Costs of salary and wages, bonuses, payroll taxes, insurance, worker’s compensation and other benefits of the employees of Manager and any of its Affiliates, including all executive level employees of Manager; it being agreed that Manager shall at all times have in its employ sufficient personnel in order for Manager to perform the duties and services required of it hereunder and that the normal consulting services of the corporate officers and employees of Manager and its Affiliates with regard to operations, gaming operations, food and beverage, sales and marketing, finance and administration and real estate, shall be rendered from time to time in connection with the Casino at Manager’s sole cost and expense;
(b) General accounting and reporting services which are within the reasonable scope of Manager’s responsibility to the Enterprise;
(c) Overhead, administrative and general expenses of Manager;
(d) Cost of comprehensive crime insurance or fidelity bonds purchased by Manager for its own account and the costs of the insurance described in Section 5.3 hereof;
(e) All costs and expenses incurred in connection with training employees in Core Positions; it being agreed that such training shall take place at the Gaming Facility and Manager shall be responsible for all its own costs and expenses relating thereto including any costs and expenses for travel, food, and lodging; and
(f) Any other costs and expenses incurred by the Manager or its Affiliate not set forth in the Approved Budget.
Managers Cost Not to Be Reimbursed. 8.1 Non-reimbursable Costs. The following expenses or costs incurred by or on behalf of Manager in connection with the performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by Owner: (a) general accounting and reporting services within the reasonable scope of the Manager’s responsibility to Owner; (b) cost of forms, papers, ledgers, and other supplies and equipment used -for the Management of the Property in the Manager’s office at any location other than the Property; (c) cost of electronic data processing equipment, including personal computers located at Manager’s office off the Property for preparation of reports, information and returns to be prepared by Manager under the terms of this Agreement; (d) cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to be prepared by Manager under the terms of this Agreement; (e) cost of routine travel by Manager’s employees to and from the Property; (f) cost attributable to losses arising from gross negligence or fraud on the part of Manager or its employees or affiliates; (g) cost of insurance purchased by Manager for its own furniture, furnishings and fixtures, excess liability coverages or other coverages that Owner has not agreed to provide under this Agreement or by subsequent approval; (h) cost attributable to physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) to the extent not reimbursable to Manager under Section 7.1, the salaries, wages, and other compensation and expenses, including social security, taxes, worker’s compensation insurance and unemployment insurance, for Manager’s employees; (j) all overhead and indirect expenses of Manager’s office(s) off the Property, including, but not limited to, communication costs (telephone, postage, etc.), computer rentals or time, supplies (paper, envelopes, business forms, checks, payroll forms and record cards, forms for governmental reports, etc.), printing, equipment, insurance (other than insurance provided at Owner’s expense under Article 3), fidelity bonds, taxes and license fees, and general office expenses; (k) any expenses of Manager related to the management or operation of any other site; and (1) any costs of recruiting or terminating any employee of Manager in excess of Five Hundred Dollars ($500) for advertising ...
Managers Cost Not to Be Reimbursed
