Common use of Non-Reimbursable Costs Clause in Contracts

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 and regulations attributable to Contractor’s gross negligence; (i) except as otherwise provided in Subsection 4.01 hereof, premiums for other insurance carried by Contractor; (j) costs of any item expressly excluded from, or not expressly included within, the items referred to in Section 3.09 or 4.01 hereof; and (k) costs of any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expense.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 3.10 or Article IV, Owner shall not reimburse Contractor Construction Manager for any of the following costs, all of which shall be borne by Contractor Construction Manager at its sole cost and expense: (a) salaries or other compensation of any principals and branch office heads of ContractorConstruction Manager. (b) expenses of operating ContractorConstruction Manager’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 3.10 or Article IV hereof; (c) any part of ContractorConstruction Manager’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 ContractorConstruction Manager, or ContractorConstruction Manager’s failure to perform its obligations under this Agreement or (y) from the violation by Contractor Construction Manager of any Federalfederal, State state or local laws, ordinances or statutes; (ii) casualty losses and related expenses sustained by Contractor Construction Manager in connection with tools, equipment, supplies and other personal effects owned or rented by ContractorConstruction Manager; and (iii) any other costs which would have been insured but for the failure of Contractor Construction Manager to carry the insurance required to be carried hereunder or the failure of Contractor Construction Manager to comply with the requirements of any insurance carriers providing insurance coverage for the Project, as set forth in Exhibit B “C” hereof; (e) costs of uncovering, correcting or replacing defective Work which has arisen by reason of ContractorConstruction Manager’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 Construction Manager in connection with, or as a result of, the occurrence of any event expressly provided for under the terms of this Agreement wherein Contractor Construction Manager agrees to indemnify and hold harmless Owner against such losses, costs and expenses (except Owner shall reimburse Contractor Construction Manager 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 ContractorConstruction Manager’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 and regulations attributable to ContractorConstruction Manager’s gross negligence; (i) except as otherwise provided in Subsection Section 4.01 hereof, premiums for other insurance carried by ContractorConstruction Manager; (j) costs of any item expressly excluded from, or not expressly included within, the items referred to in Section 3.09 3.10 or 4.01 hereof; and (k) costs of any item or expense which this Agreement provides are to be paid or borne by Contractor Construction Manager at its sole cost and expense.

Non-Reimbursable Costs. 5.01 Except to The following expenses or costs incurred by or on behalf of Manager in connection with the extent included in Section 3.09 or Article IV, Owner shall not reimburse Contractor for any management and leasing of the following costs, all of which Projects shall be borne by Contractor at its the sole cost and expenseexpense of Manager and shall not be reimbursed by Owner: (a) salaries or cost of gross salary and wages, payroll taxes, insurance, workers' compensation and other compensation benefits of Manager's office and other off-site personnel (including any principals and branch office heads of Contractor.stock options granted to off-site personnel); (b) expenses general accounting and reporting services within the reasonable scope of operating Contractor’s home and branch offices, including overhead and administrative expenses except Manager's responsibility to the extent that such expenses are reimbursable pursuant to the provisions of Section 3.09 or Article IV hereofOwner; (c) any part the cost of Contractor’s capital expenses, including interest on capital employed in connection with the Workprinted checks for each bank account required to be maintained hereunder; (d) (i) costs not reimbursed by insurancecost of printed forms, due (x) to the negligent acts or omissions or willful misconduct of Contractorpapers, 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 ledgers and related expenses sustained by Contractor in connection with tools, equipment, other supplies and other personal effects owned or rented by Contractor; and (iii) any other costs which would have been insured but for equipment not located at 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 hereofProject sites; (e) costs cost of uncoveringelectronic data processing hardware and software, correcting or replacing defective Work which has arisen including repair and maintenance expenses related thereto, located at Manager's office and used for preparation of reports, information and returns to be prepared by reason of Contractor’s gross negligence or intentional breach Manager under the terms of this Agreement or failure to properly supervise or coordinate the WorkAgreement; (f) lossescost of electronic data processing provided by computer service companies for preparation of reports, costs, information and expenses (including attorneys’ fees and disbursements) incurred returns to be prepared by Contractor in connection with, or as a result of, the occurrence of any event expressly provided for Manager 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)Agreement; (g) General Conditions Costs which are back-charged cost of daily commuting expenses incurred by Manager's employees to or are deducted and from any Trade Contractor for any reasonthe Projects; (h) costs incurred cost of transferring Manager's employees to the Project, unless such cost is approved in advance 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 and regulations attributable to Contractor’s gross negligenceOwner; (i) except as otherwise provided in Subsection 4.01 hereofvacation and other benefits earned by Manager's employees which are transferred to a Project, premiums for other insurance carried which benefits are earned by Contractorsuch employees prior to the date of such transfer; (j) costs of any item expressly excluded from, or not expressly included within, the items referred charged by Manager to Owner unless such costs have been approved in Section 3.09 or 4.01 hereof; andadvance by Owner; (k) costs charged by any Affiliate of Manager under any item subcontract unless such costs have been approved in advance by Owner; (l) costs attributable to losses arising from negligence, fraud, willful misconduct or expense which this Agreement provides are misrepresentation on the part of Manager or Manager's employees; (m) cost of workers' compensation insurance with respect to be paid Manager's personnel performing services in connection with the Projects (other than On-Site Personnel); (n) cost of the comprehensive crime insurance or borne fidelity bond required pursuant to SECTION 9.7; and (o) unless required by Contractor at Owner, the cost of comprehensive crime insurance or other fidelity bond or other insurance purchased by Manager for its sole cost and expenseown account.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse Contractor for any costs incurred by or on behalf 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 Manager in connection with the Work; (d) (i) costs performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by insurance, due Owner: (xa) general accounting and reporting services within the reasonable scope of the Manager’s responsibility 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 statutesOwner; (iib) casualty losses cost of forms, papers, ledgers, and related expenses sustained by Contractor other supplies and equipment used for the Management of the Property in connection with tools, the Manager’s office at any location other than the Property; (c) cost of electronic data processing equipment, supplies including personal computers located at Manager’s office off the Property for preparation of reports, information 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 returns 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 prepared 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 Manager under the terms of this Agreement wherein Contractor agrees Agreement; (d) cost of electronic data processing, including related Federal Express charges, provided by computer service companies for preparation of reports, information and returns to indemnify be prepared by Manager under the terms of this Agreement, to the extent in excess of what is included in the Approved Budget; (e) cost of routine travel by Manager’s employees to and hold harmless Owner against such losses, costs and expenses from the Property; (except Owner shall reimburse Contractor for legal fees incurred in discharging f) cost attributable to losses arising from gross negligence or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); fraud on the part of Manager or its employees or affiliates; (g) General Conditions Costs which are back-charged 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 are deducted from any Trade Contractor for any reason; by subsequent approval; (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 and regulations cost attributable to Contractor’s gross negligence; physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) except as otherwise provided in Subsection 4.01 hereofto the extent not reimbursable to Manager under Section 7.1, premiums the salaries, wages, and other compensation and expenses, including social security, taxes, worker’s compensation insurance and unemployment insurance, for other insurance carried by Contractor; Manager’s employees; (j) all overhead and indirect expenses of Manager’s office(s) off the Property, including, but not limited to, communication costs of any item expressly excluded from(telephone, postage, etc.), computer rentals or not expressly included withintime, the items referred to in Section 3.09 or 4.01 hereofsupplies (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; and (k) any expenses of Manager related to the management or operation of any other site; and (1) any costs of recruiting or terminating any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseemployee of Manager in excess of Five Hundred Dollars ($500) for advertising for recruitment of each available position incurred without prior written approval from Owner of such cost.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse Contractor for any costs incurred by or on behalf 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 Manager in connection with the Work; (d) (i) costs performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by insurance, due Owner: (xa) general accounting and reporting services within the reasonable scope of the Manager’s responsibility 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 statutesOwner; (iib) casualty losses cost of forms, papers, ledgers, and related expenses sustained by Contractor other supplies and equipment used for the Management of the Property in connection with tools, the Manager’s office at any location other than the Property; (c) cost of electronic data processing equipment, supplies including personal computers located at Manager’s office off the Property for preparation of reports, information 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 returns 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 prepared 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 Manager under the terms of this Agreement wherein Contractor agrees Agreement; (d) cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to indemnify be prepared by Manager under the terms of this Agreement; (e) cost of routine travel by Manager’s employees to and hold harmless Owner against such losses, costs from the Property; provided that the maintenance staff shall be reimbursed out of the Operating Account for documented travel to and expenses from the Property at the then-current LRS standard mileage rate for automobile business travel (except Owner shall reimburse Contractor 40.5 cents per mile for legal fees incurred in discharging 2005); (f) cost attributable to losses arising from gross negligence or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); fraud on the part of Manager or its employees or affiliates; (g) General Conditions Costs which are back-charged 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 are deducted from any Trade Contractor for any reason; by subsequent approval; (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 and regulations cost attributable to Contractor’s gross negligence; physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) except as otherwise provided in Subsection 4.01 hereofto the extent not reimbursable to Manager under Section 7.1, premiums the salaries, wages, and other compensation and expenses, including social security, taxes, worker’s compensation insurance and unemployment insurance, for other insurance carried by Contractor; Manager’s employees; (j) all overhead and indirect expenses of Manager’s office(s) off the Property, including, but not limited to, communication costs of any item expressly excluded from(telephone, postage, etc.), computer rentals or not expressly included withintime, the items referred to in Section 3.09 or 4.01 hereofsupplies (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; and (k) any expenses of Manager related to the management or operation of any other site; and (1) any costs of recruiting or terminating any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseemployee of Manager in excess of Five Hundred Dollars ($500) for advertising for recruitment of each available position incurred without prior written approval from Owner of such cost.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse Contractor for any costs incurred by or on behalf 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 Manager in connection with the Work; (d) (i) costs performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by insurance, due Owner: (xa) general accounting and reporting services within the reasonable scope of the Manager's responsibility 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 statutesOwner; (iib) casualty losses cost of forms, papers, ledgers, and related expenses sustained by Contractor other supplies and equipment used for the Management of the Property in connection with tools, the Manager's office at any location other than the Property; (c) cost of electronic data processing equipment, supplies including personal computers located at Manager's office off the Property for preparation of reports, information 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 returns 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 prepared 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 Manager under the terms of this Agreement wherein Contractor agrees Agreement; (d) cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to indemnify be prepared by Manager under the terms of this Agreement; (e) cost of routine travel by Manager's employees to and hold harmless Owner against such losses, costs and expenses from the Property; (except Owner shall reimburse Contractor for legal fees incurred in discharging f) cost attributable to losses arising from gross negligence or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); fraud on the part of Manager or its employees or affiliates; (g) General Conditions Costs which are back-charged cost of insurance purchased by Manager for its own furniture, furnishings and fixtures, excess liability coverages or other coverages that Owner bas not agreed to provide under this Agreement or are deducted from any Trade Contractor for any reason; by subsequent approval; (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 and regulations cost attributable to Contractor’s gross negligence; physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) except as otherwise provided in Subsection 4.01 hereofto the extent not reimbursable to Manager under Section 7.1, premiums the salaries, wages, and other compensation and expenses, including social security, taxes, worker's compensation insurance and unemployment insurance, for other insurance carried by Contractor; Manager's employees; (j) all overhead and indirect expenses of Manager's office(s) off the Property, including, but not limited to, communication costs of any item expressly excluded from(telephone, postage, etc.), computer rentals or not expressly included withintime, the items referred to in Section 3.09 or 4.01 hereofsupplies (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; and (k) any expenses of Manager related to the management or operation of any other site; and (1) any costs of recruiting or terminating any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseemployee of Manager in excess of Five Hundred Dollars ($500) for advertising for recruitment of each available position incurred without prior written approval from Owner of such cost.

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 or 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 Federalfederal, State 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’ attorney’s 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(i3.09(h)); (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 and regulations attributable to Contractor’s gross negligence; (i) except as otherwise provided in Subsection Section 4.01 hereof, premiums for other insurance carried by Contractor; (j) costs of any item expressly excluded from, or not expressly included within, the items referred to in Section 3.09 or 4.01 hereof; and (k) costs of any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expense.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 or Article IV, 6.1 Owner shall not reimburse Contractor Design/Builder for any of the following costs, all of which shall be borne by Contractor Design/Builder at its sole cost and expense: (a) a. salaries or other compensation of any principals and branch office heads of Contractor.Design/Builder; (b) b. expenses of operating ContractorDesign/Builder’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 not included in General Conditions Cost as defined in Article IV hereof5.1(a); (c) c. any part of ContractorDesign/Builder’s capital expenses, including interest on capital employed in connection with the Work; (d) (i) d. costs not reimbursed by insurance, due (x) to the negligent acts or omissions of Design/Builder (or willful misconduct of Contractorany Trade Contractor of, or Contractor’s material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable), or the failure of Design/Builder (or of any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable) to perform its obligations under this Agreement or (y) from the violation by Design/Builder (or by any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable) of any Federal, State or local laws, ordinances or statutes; (ii) casualty losses and related expenses sustained by Design/Builder (or by any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable) in connection with tools, equipment, supplies and other personal effects owned or rented by ContractorDesign/Builder (or by any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable); and (iii) any other costs which would have been insured but for the failure of Design/Builder (or of any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable) to carry the insurance required to be carried hereunder or the failure of Design/Builder (or of any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable) to comply with the requirements of any insurance carriers providing insurance coverage for the Project, as set forth in Exhibit B F hereof; (e) e. costs of uncovering, correcting or replacing defective Work which has arisen by reason of ContractorDesign/Builder’s gross negligence or intentional the negligence of any Trade Contractor of, or material supplier to, Design/Builder or anyone employed by any of the foregoing or anyone for whose acts any of them may be liable, or breach of this Agreement or failure to properly supervise or coordinate the Work; (f) f. losses, costs, and expenses (including attorneys’ fees and disbursements) incurred by Contractor Design/Builder in connection with, or as a result of, the occurrence of any event expressly provided for under the terms of this Agreement wherein Contractor Design/Builder 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)expenses; (g) g. General Conditions Costs which are have been back-charged to or are deducted from any Trade Contractor for any reason; (h) h. costs on account of the performance by Design/Builder, or of any Trade Contractor, of general conditions work, other than or in addition to those expressly identified as Reimbursable Costs under Article V; i. costs incurred by reason of ContractorDesign/Builder’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 by reason of Design/Builders violation of laws, rules and regulations attributable to Contractor’s gross negligenceregulations; (i) except as otherwise provided in Subsection 4.01 hereofj. New Jersey State and any other Governmental Authority’s sales and use taxes on any portion of the Work which is subject to exemption, premiums for other insurance carried whether by Contractorreason of a certificate of capital improvement or otherwise; (j) k. cost of insurance on tools and equipment owned by workmen; l. costs of any item expressly excluded from, or not expressly included within, the items referred to in Section 3.09 or 4.01 Article V hereof; and (k) m. costs of any item or expense which this Agreement provides are to be paid or borne by Contractor Design/Builder at its sole cost and expense.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse Contractor for any costs incurred by or on behalf 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 Manager in connection with the Work; (d) (i) costs performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by insurance, due Owner: (xa) general accounting and reporting services within the reasonable scope of the Manager’s responsibility 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 statutesOwner; (iib) casualty losses cost of forms, papers, ledgers, and related expenses sustained by Contractor other supplies and equipment used for the Management of the Property in connection with tools, the Manager’s office at any location other than the Property; (c) cost of electronic data processing equipment, supplies including personal computers located at Manager’s office off the Property for preparation of reports, information 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 returns 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 prepared 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 Manager under the terms of this Agreement wherein Contractor agrees Agreement; (d) cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to indemnify be prepared by Manager under the terms of this Agreement; (e) cost of routine travel by Manager’s employees to and hold harmless Owner against such losses, costs from the Property; provided that the maintenance staff shall be reimbursed out of the Operating Account for documented travel to and expenses from the Property at the then-current LRS standard mileage rate for automobile business travel (except Owner shall reimburse Contractor 40.5 cents per mile for legal fees incurred in discharging 2005); (f) cost attributable to losses arising from gross negligence or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); fraud on the part of Manager or its employees or affiliates; (g) General Conditions Costs which are back-charged 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 are deducted from any Trade Contractor for any reason; by subsequent approval; (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 and regulations cost attributable to Contractor’s gross negligence; physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) except as otherwise provided in Subsection 4.01 hereofto the extent not reimbursable to Manager under Section 7.1, premiums the salaries, wages, and other compensation and expenses, including social security, taxes, worker’s compensation insurance and unemployment insurance, for other insurance carried by Contractor; Manager’s employees; (j) all overhead and indirect expenses of Manager’s office(s) off the Property, including, but not limited to, communication costs of any item expressly excluded from(telephone, postage, etc.), computer rentals or not expressly included withintime, the items referred to in Section 3.09 or 4.01 hereofsupplies (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; and (k) any expenses of Manager related to the management or operation of any other site; and (l) any costs of recruiting or terminating any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseemployee of Manager in excess of Five Hundred Dollars ($500) for advertising for recruitment of each available position incurred without prior written approval from Owner of such cost.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse costs incurred by or on behalf of Contractor for any of the following costs, all of which shall be borne by Contractor at its the sole cost and expenseexpense of Contractor and shall not be reimbursed by City and/or Property Manager: (a) salaries or cost of gross salary and wages, payroll taxes, insurance, workmen’s compensation, and other compensation of any principals and branch office heads benefits of Contractor.’s personnel, except such costs pertaining to employees employed by Contractor in accordance with attached Schedule(s) 2 and 3; (b) expenses cost of operating Contractor’s home and branch officesinsurance required to be maintained by Contractor at its own expense hereunder or purchased by Contractor for its own account, including overhead and administrative expenses except to the extent that such expenses are approved by City as part of an Approved Operating Budget, in which case liability insurance per- occurrence deductibles, not to exceed $10,000 per occurrence, incurred by Contractor under a liability insurance policy approved for reimbursement as part of an Approved Operating Budget shall also be deemed a reimbursable pursuant to the provisions of Section 3.09 or Article IV hereofcost; (c) any part cost of forms, stationery, ledgers and other supplies and equipment used at Contractor’s capital expenses, including interest on capital employed in connection with corporate office except such forms as may be used exclusively for the Workbenefit of the Property or City; (d) (icost of employee bonuses, incentive compensation or pay advances except such costs for on-site staff as are shown on attached Schedule(s) costs not reimbursed 2 and 3 or approved by insurance, due (x) to City as part of 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 hereofApproved Operating Budget; (e) costs of uncovering, correcting or replacing defective Work which has arisen by reason of cost for travel for Contractor’s gross negligence corporate office personnel who travel to and from the Property or intentional breach of this Agreement or failure to properly supervise or coordinate City’s offices, unless included in the WorkApproved Operating Budget; (f) lossescost of general accounting and reporting services, costs, as such services are considered to be within the reasonable scope of Contractor’s Services hereunder and expenses (including attorneys’ fees and disbursements) incurred by Contractor in connection with, or are compensated for as a result of, part 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);Major Maintenance Fee; and (g) General Conditions Costs which are back-charged costs attributable to losses arising from gross negligence, willful misconduct, fraud or are deducted from any Trade breach of this Agreement on the part of Contractor for any reasonor Contractor’s employees, officers, directors, contractors and/or subcontractors; (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 's corporate office employee training expenses and all costs incurred in contravention of laws, rules and regulations attributable to Contractor’s gross negligencerecruiting fees; (i) except costs of providing fidelity and crime insurance as otherwise provided set forth in Subsection 4.01 hereof, premiums for other insurance carried by ContractorSection 5(2)(f); (j) costs of any item expressly excluded from, or not expressly included within, contemplated in Approved Operating Budget unless approved by the items referred to in Section 3.09 or 4.01 hereof; and (k) costs of any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseCity.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse Contractor for any costs incurred by or on behalf 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 Manager in connection with the Work; (d) (i) costs performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by insurance, due Owner: (xa) general accounting and reporting services within the reasonable scope of the Manager’s responsibility 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 statutesOwner; (iib) casualty losses cost of forms, papers, ledgers, and related expenses sustained by Contractor other supplies and equipment used for the Management of the Property in connection with tools, the Manager’s office at any location other than the Property; (c) cost of electronic data processing equipment, supplies including personal computers located at Manager’s office off the Property for preparation of reports, information 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 returns 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 prepared 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 Manager under the terms of this Agreement wherein Contractor agrees Agreement; (d) cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to indemnify be prepared by Manager under the terms of this Agreement; (e) cost of routine travel by Manager’s employees to and hold harmless Owner against such losses, costs from the Property; provided that the maintenance staff shall be reimbursed out of the Operating Account for documented travel to and expenses from the Property at the then-current IRS standard mileage rate for automobile business travel (except Owner shall reimburse Contractor 40.5 cents per mile for legal fees incurred in discharging 2005) ; (t) cost attributable to losses arising from gross negligence or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); fraud on the part of Manager or its employees or affiliates; (g) General Conditions Costs which are back-charged 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 are deducted from any Trade Contractor for any reason; by subsequent approval; (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 and regulations cost attributable to Contractor’s gross negligence; physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) except as otherwise provided in Subsection 4.01 hereofto the extent not reimbursable to Manager under Section 7.1, premiums the salaries, wages, and other compensation and expenses, including social security, taxes, worker’s compensation insurance and unemployment insurance, for other insurance carried by Contractor; Manager’s employees; (j) all overhead and indirect expenses of Manager’s office(s) off the Property, including, but not limited to, communication costs of any item expressly excluded from(telephone, postage, etc.), computer rentals or not expressly included withintime, the items referred to in Section 3.09 or 4.01 hereofsupplies (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; and (k) any expenses of Manager related to the management or operation of any other site; and (1) any costs of recruiting or terminating any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseemployee of Manager in excess of Five Hundred Dollars ($500) for advertising for recruitment of each available position incurred without prior written approval from Owner of such cost.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 The following expenses or Article IV, Owner shall not reimburse Contractor for any costs incurred by or on behalf 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 Manager in connection with the Work; (d) (i) costs performance of any obligation pursuant to this Agreement shall be at the sole cost and expense of Manager and shall not be reimbursed by insurance, due Owner: (xa) general accounting and reporting services within the reasonable scope of the Manager’s responsibility 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 statutesOwner; (iib) casualty losses cost of forms, papers, ledgers, and related expenses sustained by Contractor other supplies and equipment used for the Management of the Property in connection with tools, the Manager’s office at any location other than the Property; (c) cost of electronic data processing equipment, supplies including personal computers located at Manager’s office off the Property for preparation of reports, information 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 returns 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 prepared 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 Manager under the terms of this Agreement wherein Contractor agrees Agreement; (d) cost of electronic data processing provided by computer service companies for preparation of reports, information and returns to indemnify be prepared by Manager under the terms of this Agreement; (e) cost of routine travel by Manager’s employees to and hold harmless Owner against such losses, costs from the Property; provided that the maintenance staff shall be reimbursed out of the Operating Account for documented travel to and expenses from the Property at the then-current LRS standard mileage rate for automobile business travel (except Owner shall reimburse Contractor 40.5 cents per mile for legal fees incurred in discharging 2005) ; (f) cost attributable to losses arising from gross negligence or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); fraud on the part of Manager or its employees or affiliates; (g) General Conditions Costs which are back-charged 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 are deducted from any Trade Contractor for any reason; by subsequent approval; (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 and regulations cost attributable to Contractor’s gross negligence; physical damage to the Property arising from the acts or omissions of Manager or its employees or affiliates not paid for by insurance; (i) except as otherwise provided in Subsection 4.01 hereofto the extent not reimbursable to Manager under Section 7.1, premiums the salaries, wages, and other compensation and expenses, including social security, taxes, worker’s compensation insurance and unemployment insurance, for other insurance carried by Contractor; Manager’s employees; (j) all overhead and indirect expenses of Manager’s office(s) off the Property, including, but not limited to, communication costs of any item expressly excluded from(telephone, postage, etc.), computer rentals or not expressly included withintime, the items referred to in Section 3.09 or 4.01 hereofsupplies (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; and (k) any expenses of Manager related to the management or operation of any other site; and (1) any costs of recruiting or terminating any item or expense which this Agreement provides are to be paid or borne by Contractor at its sole cost and expenseemployee of Manager in excess of Five Hundred Dollars ($500) for advertising for recruitment of each available position incurred without prior written approval from Owner of such cost.