Common use of Non-Reimbursable Costs Clause in Contracts

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.

Appears in 3 contracts

Samples: Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc)

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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 's compensation and other benefits of Manager’s 's management, accounting and office personnel not reimbursable under Section SECTION 7.1(m); (b) General accounting and reporting services which are within the scope of Manager’s '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 '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 's employees or agents to and from the Property; (g) Costs attributable to negligence, misconduct or fraud on the part of Manager, Manager’s 's associates or Manager’s 's employees or agents, or arising from Manager’s 's breach under this Agreement, including theft of assets by Manager’s '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 '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 '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 's employees participating in industry conventions, meetings or other functions.

Appears in 3 contracts

Samples: Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc)

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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 will, except as included in the Approved Annual Business Plan, 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 's compensation and other benefits of Manager’s 's management, accounting and office personnel not reimbursable under Section SECTION 7.1(m); (b) General accounting and reporting services which are within the scope of Manager’s '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 '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 's employees or agents to and from the Property; (g) Costs attributable to gross negligence, willful misconduct or fraud on the part of Manager, Manager’s 's associates or Manager’s 's employees or agents, or arising from Manager’s '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 's employees participating in industry conventions, meetings or other functionsfunctions unless attendance at such conventions is requested by Owner.

Appears in 1 contract

Samples: Property Management Agreement (Boston Capital Real Estate Investment Trust Inc)

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