Non-Reimbursable Costs. The following expenses or costs incurred by or on behalf of the Property Manager in connection with its duties hereunder shall be at the sole cost and expense of the Property Manager and shall not be reimbursed by the Company: (a) costs attributable to losses arising from gross negligence, willful misconduct or fraud on the part of the Property Manager or its associates or employees; and (b) cost of insurance purchased by the Property Manager for its own account.
Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 or Article IV, Owner shall not reimburse Contractor for any of the following costs, all of which shall be borne by Contractor at its sole cost and expense:
(a) salaries or other compensation of any principals and branch office heads of Contractor.
(b) expenses of operating Contractor’s home and branch offices, including overhead and administrative expenses except to the extent that such expenses are reimbursable pursuant to the provisions of Section 3.09 or Article IV hereof;
(c) any part of Contractor’s capital expenses, including interest on capital employed in connection with the Work;
(d) (i) costs not reimbursed by insurance, due (x) to the negligent acts or omissions or willful misconduct of Contractor, or Contractor’s failure to perform its obligations under this Agreement or (y) from the violation by Contractor of any Federal, State or local laws, ordinances or statutes; (ii) casualty losses and related expenses sustained by Contractor in connection with tools, equipment, supplies and other personal effects owned or rented by Contractor; and (iii) any other costs which would have been insured but for the failure of Contractor to carry the insurance required to be carried hereunder or the failure of Contractor to comply with the requirements of any insurance carriers providing insurance coverage for the Project, as set forth in Exhibit B hereof;
(e) costs of uncovering, correcting or replacing defective Work which has arisen by reason of Contractor’s gross negligence or intentional breach of this Agreement or failure to properly supervise or coordinate the Work;
(f) losses, costs, and expenses (including attorneys’ fees and disbursements) incurred by Contractor in connection with, or as a result of, the occurrence of any event expressly provided for under the terms of this Agreement wherein Contractor agrees to indemnify and hold harmless Owner against such losses, costs and expenses (except Owner shall reimburse Contractor for legal fees incurred in discharging or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i);
(g) General Conditions Costs which are back-charged to or are deducted from any Trade Contractor for any reason;
(h) costs incurred by reason of Contractor’s failure to comply with its obligations under this Agreement, including costs in the form of penalties, fines or other similar charges, as well as any and all costs incurred in contravention of laws, rules a...
Non-Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work as they are covered by Design- Builder’s Fee or are otherwise at Design-Builder’s risk:
6.5.1.1 Compensation for Design-Builder’s personnel not directly supporting the Project.
6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work.
6.5.1.3 The cost of Design-Builder’s capital used in the performance of the Work.
6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded.
6.5.1.5 Parking and daily commuting to the job site.
Non-Reimbursable Costs. 5.7.1 The following shall not be deemed as Cost of the Work:
5.7.1.1 Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Sections 5.5.
5.7.1.2 Overhead and general expenses, except as provided for in Section 5.5, or which may be recoverable for changes to the Work.
5.7.1.3 The cost of Design-Builder’s capital used in the performance of the Work.
5.7.1.4 Any costs that would cause the Guaranteed Maximum Price, as adjusted in accordance with the Contract Documents, to be exceeded.
Non-Reimbursable Costs. Notwithstanding anything to the contrary in this Agreement, the following expenses or costs incurred by or on behalf of Manager in connection with the Property will be at the sole cost and expense of Manager and will not be reimbursed by Owner from the Operating Account or otherwise, and Manager will indemnify and hold harmless the Owner Related Entities from all liability for the same:
(a) Cost of salary and wages, payroll taxes, insurance, worker’s compensation and other benefits of Manager’s management, accounting and office personnel not reimbursable under Section 7.1(m);
(b) General accounting and reporting services which are within the scope of Manager’s responsibilities to Owner under this Agreement;
(c) Cost of forms, papers, ledgers and other supplies, equipment, copying and telephone of any kind used in Manager’s office at any location other than the Property;
(d) Cost of electronic data processing equipment, or any pro rata charge therefor, whether or not located at the Property, or for data processing provided by computer service companies;
(e) Political or charitable contributions;
(f) Cost of advances made to employees and cost of travel by Manager’s employees or agents to and from the Property;
(g) Costs attributable to negligence, misconduct or fraud on the part of Manager, Manager’s associates or Manager’s employees or agents, or arising from Manager’s breach under this Agreement, including theft of assets by Manager’s employees, contractors or other agents; penalties or loss of discount due to delay in payment of bills or invoices; overpayment or duplicate payment of invoices arising from either fraud or error; overpayment of labor costs arising from either fraud or error; a sum equal to the value of any form of payment from purveyors of goods or services to any of Manager’s employees, contractors or agents arising from the purchase of goods or services relating to the Property; and unauthorized use of facilities by Manager’s employees, contractors or agents;
(h) Cost of comprehensive crime insurance or fidelity bonds purchased by Manager for its own account;
(i) Training expenses except for on-site employees;
(j) Employment and employment agency fees except for on-site employees;
(k) Advertising expenses of Manager not directly related to the Property; and
(l) Dues of Manager or any of its employees in professional organizations or the cost of any of Manager’s employees participating in industry conventions, meetings or other functions.
Non-Reimbursable Costs. Except as otherwise specifically provided for in this Agreement, the following expenses or costs incurred by or on behalf of Glenborough in connection with the Services shall be at the sole cost and expense of Glenborough and shall not be reimbursed by Rancon, unless Rancon has consented in writing to such expense or cost, which consent may be given or withheld in Rancon’s sole and absolute discretion:
4.8.1 Cost of gross salaries and wages, payroll taxes, insurance, workers compensation and other benefits of Glenborough’s own office personnel.
4.8.2 Cost of entertainment except as related to the promotion or marketing of the Property or to investor, broker and tenant relations.
Non-Reimbursable Costs. The following costs/expenses shall not be eligible for reimbursement under this Agreement.
Non-Reimbursable Costs. The parties hereby acknowledge and agree that Operator shall be solely responsible and Delta shall not be responsible, nor reimburse Operator, for any of the following costs:
(1) any and all FAA, DOT or any other government agency fines administered or levied against Operator due to any action or omission not principally caused by Delta or an affiliate of Delta; and
(2) Passenger amenities costs and other interrupted trip expenses, including, without limitation denied boarding compensation, food and lodging expenses and other transportation costs incurred by Operator due to any action or omission principally caused by Operator or an affiliate of Operator.
Non-Reimbursable Costs. “Non-Reimbursable Costs” means the following costs that shall not be eligible for reimbursement under this Agreement: Costs Incurred Due to Negligence, Unapproved Costs, Excess Costs, Non-Project Shared Costs, and Defective Work Costs each as further defined in Section 9.1.5.2.
Non-Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work:
6.5.1.1 Compensation for XXXX’x personnel stationed at XXXX’x principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 herein.
6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 herein, or which may be recoverable for changes to the Work.
6.5.1.3 The cost of XXXX’x capital used in the performance of the Work.
6.5.1.4 Costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded.
