Necessary Expense Doctrine Sample Clauses

Necessary Expense Doctrine. Another aspect of the purpose statute is the “necessary expense doctrine” which was discussed at length in the Solicitor’s 2005 opinion. The doctrine does not distinguish between indirect and direct costs, either can be a necessary expense, but governs the determination of whether appropriated funds designated by the Secretary to carry out the purpose of a project have been expended appropriately. For a cost to be considered a necessary expense of the project it must meet the following three criteria:  The expenditure must “make a direct contribution to carrying out the appropriation” which in the case of SNPLMA are expenditures within the project categories authorized by Congress in SNPLMA as reflected in the projects approved by the Secretary of the Interior;  The expenditure must not be prohibited by law; and  The expenditure must not be covered by another more specific source of funding, i.e., the specific approved project or acquisition and associated necessary expenses must not be provided for in another appropriation or statutory funding scheme. In addition to evaluating project expenditures based on the above requirements, the following SNPLMA rules regarding necessary expenses also apply to all projects:  Although there is no distinction between direct and indirect costs in the “necessary expense” doctrine, the expenses charged by the agencies/entities must be tied to a specific project and tracked by project.  Although direct and indirect costs can be a necessary expense, the EC has implemented a policy whereby Federal agencies and local and regional governmental entities shall not seek, and the SNPLMA will not pay, the recipient agency/entity’s standard overhead percent based on the total project cost.  SNPLMA will pay all necessary expenses to complete approved projects in all categories or, if a project has to be terminated, all necessary expenses up to the point that a determination to terminate is made, plus the costs to shut down the project and prepare the closeout package.  Disputes between any agency/entity and the SNPLMA Division over whether or not a requested expense is necessary and/or authorized will be resolved by the Executive Committee.  Agencies/entities may pay, and be reimbursed by SNPLMA, overhead charges under agreements or contracts they enter into for work needed to complete the approved project. Examples would be an agreement with another federal agency that operates on a cost center basis, or an agreement with a ...
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Related to Necessary Expense Doctrine

  • EXTRAORDINARY EXPENSES In addition to the amounts determined pursuant to Article IV or Article VI of this Agreement, Applicant on an annual basis shall also indemnify and reimburse District for the following: All non-reimbursed costs, certified by District’s external auditor to have been incurred by District for extraordinary education-related expenses related to the project proposed by the Applicant that are not directly funded in state aid formulas, including, without limitation, expenses for the purchase or lease of portable classrooms and the hiring of additional personnel to accommodate a temporary increase in student enrollment attributable to the Project.

  • Default – Reprocurement Costs In case of Contract breach by Contractor, resulting in termination by the County, the County may procure the goods and/or services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

  • Independent Contractor; Payment of Taxes and Other Expenses a. Independent Contractor. Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor or any agent or employee of Contractor shall not have employee status with City, nor be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.

  • General Expenses You authorize the Manager to charge your account with your Underwriting Percentage of all expenses of a general nature incurred by the Manager and Co-Managers under the applicable AAU in connection with the Offering, including the negotiation and preparation thereof, or in connection with the purchase, carrying, marketing and sale of any securities under the applicable AAU and any Intersyndicate Agreement, including, without limitation, legal fees and expenses, transfer taxes, costs associated with approval of the Offering by the NASD and the costs of currency transactions (including forward and hedging currency transactions) entered into to facilitate settlement of the purchase of Securities permitted under Section 3.1 hereof.

  • Program Requirements Provided At No Charge to the Judicial Council A. The Contractor shall provide the following items during the Program at no charge to the Judicial Council:

  • Payment of Extraordinary Education Related Expenses Section 5.1. PAYMENT OF EXTRAORDINARY EDUCATION-RELATED EXPENSES. In addition to the amounts determined pursuant to Articles IV and VI of this Agreement, Applicant on an annual basis shall also indemnify and reimburse District for all non-reimbursed costs, certified by the District’s external auditor to have been incurred by the District for extraordinary education-related expenses directly and solely related to the project that are not directly funded in state aid formulas, including expenses for the purchase of portable classrooms and the hiring of additional personnel to accommodate a temporary increase in student enrollment caused directly by such project. Applicant shall have the right to contest the findings of the District’s external auditor pursuant to Section 4.9 above.

  • FUNERAL EXPENSES The City shall expend a sum of money not to exceed $30,000 for funeral expenses to the heirs of any Unit member who dies while on active duty from injuries incurred while performing his/her job or who dies as a direct cause of such injuries. This amount includes any amount already available for this purpose in accordance with California State Labor Code Section 4701.

  • Taxes and Fees Imposed on Providing Party But Passed On To Purchasing Party 11.4.1 Taxes and fees imposed on the providing Party, which are permitted or required to be passed on by the providing Party to its customer, shall be borne by the purchasing Party.

  • Assistance expenses The Parties shall waive all claims on each other for the reimbursement of expenses incurred in accordance with this Chapter, except, as appropriate, for expenses related to experts and witnesses and to interpreters and translators who are not public officials.

  • Enforcement Expenses The Maker agrees to pay all costs and expenses of enforcement of this Note, including, without limitation, reasonable attorneys’ fees and expenses.

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