Common use of Owner Expenses Clause in Contracts

Owner Expenses. Except as otherwise expressly provided herein, the Owner shall bear all of the expenses of operating and financing the Facility and rendering resident services not assumed by the Manager, and without limiting the generality of the foregoing, it is specifically agreed that the following expenses of the Facility shall not be borne by the Manager: (a) Fees and expenses of independent professional persons expressly retained by the Owner, or retained by the Manager for the account of the Owner with the prior permission of the Owner, for any purpose; salary, other compensation or benefits and expenses of all staff employed at the Facility by the Owner, including, without limitation, all administrative, medical, resident assistance and other health care personnel and the Executive Director; custodial, food service, cleaning, maintenance, operational, secretarial and bookkeeping personnel employed to administer the day-to-day operations of the Facility and to perform health care and related services in the day-to-day operations of the Facility's business. (b) Principal, interest and discounts on indebtedness incurred or assumed by the Owner. (c) Taxes, imposts, levies or other charges on the existence, operation, receipts, income or property of the Owner, provided, however, that all interest and penalties incurred as a result of the Manager's failure to timely file all returns which the Manager is required to file pursuant to this Agreement, or to make timely payment of all taxes, levies, imposts, or other charges, to the extent that sufficient funds were available to the Manager as of the date such payments were due, shall be the responsibility of the Manager. (d) Medical supplies and equipment, food, fuel, kitchen and food service equipment, linens, beds, furniture, clothing and all other supplies and equipment used in supplying services to residents. (e) Expenses connected directly or indirectly with the design, acquisition, disposition or ownership of real and personal property devoted, used, or consumed in the business of the Facility, including, without limitation, purchase and/or construction of the land and buildings used for such purpose, maintenance, repair and improvement of property, all real estate and personal property taxes assessed, premiums for property and liability insurance on property owned by the Owner, brokerage commissions, and fees and expenses of consultants, managers, or agents retained directly by the Owner. (f) The Management Fee. (g) Legal fees and related expenses pertaining to the Facility, and any other litigation or proceedings to which the Owner is a party. However, such fees shall not include those fees resulting from or arising out of the gross negligence by the Manager and the Owner shall provide such necessary funds to the Manager within ten (10) days after receipt of such notice. In the event that there are insufficient funds available to the Manager to pay expenses which the Manager is authorized to incur and pay hereunder, including, without limitation, any taxes to be paid on behalf of the Owner by the Manager, the Manager shall promptly notify the Owner of the amount necessary to cure and the reason for such deficit and the Owner shall provide such necessary funds to the Manager within ten (10) days after receipt of such notice.

Owner Expenses. Except as otherwise expressly provided hereinin this Agreement, the Owner shall bear all of the expenses of operating and financing the Facility and rendering resident services not expressly assumed by the Manager, and including, without limiting limitation the generality of the foregoing, it is specifically agreed that the following expenses of the Facility shall not be borne by the Managerfollowing: (a) Fees and expenses of independent professional persons expressly retained by the Owner, or retained by the Manager for the account of the Owner with the prior permission of the Owner, for any purpose; salary, other compensation or benefits and expenses of all staff employed at the Facility by the Owner, including, without limitation, all administrative, medical, resident assistance and other health care personnel and the Executive Director; custodial, food service, cleaning, maintenance, operational, secretarial and bookkeeping personnel employed to administer the day-to-day operations of the Facility and to perform health care and related services in the day-to-day operations of the Facility's business. (b) Principal, interest and discounts on indebtedness incurred or assumed by the OwnerOwner with respect to the acquisition, development, construction, and fill-up of Facility ("Facility Financing"). (c) Taxes, imposts, levies or other charges on the existence, operation, receipts, income or property of the Owner, provided, however, that all interest and penalties incurred as a result of the Manager's failure to timely file all returns which the Manager is required to file pursuant to this Agreement, or to make timely payment of all taxes, levies, imposts, or other charges, to the extent that sufficient funds were available to the Manager as of the date such payments were due, shall be the responsibility of the Manager. (d) Medical supplies and equipment, food, fuel, kitchen and food service equipment, linens, beds, furniture, clothing and all other supplies and equipment used in supplying services to residents. (e) Expenses connected directly or indirectly with the design, acquisition, disposition or ownership of real and personal property devoted, used, or consumed in the business of the Facility, including, without limitation, purchase and/or construction of the land and buildings used for such purpose, maintenance, repair and improvement of property, all real estate and personal property taxes assessed, premiums for property and liability insurance on property owned by the Owner, brokerage commissions, and fees and expenses of consultants, managers, or agents retained directly by the Owner. (f) The Management Fee. (g) Legal fees and related expenses pertaining to the Facility, and any other litigation or proceedings to which the Owner is a party. However, such fees shall not include those fees resulting from or arising out of the gross negligence by the Manager and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice. In the event that there are insufficient funds available to the Manager to pay expenses which the Manager is authorized to incur and pay hereunder, including, without limitation, any taxes to be paid on behalf of the Owner by the Manager, the Manager shall promptly notify the Owner of the amount necessary to cure and the reason for such deficit and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice.

Owner Expenses. Except as otherwise expressly provided hereinin this Agreement, the Owner shall bear all of the expenses of operating and financing the Facility and rendering resident services not expressly assumed by the Manager, and including, without limiting limitation, the generality of the foregoing, it is specifically agreed that the following expenses of the Facility shall not be borne by the Managerfollowing: (a) Fees and expenses of independent professional persons expressly retained by the Owner, or retained by the Manager for the account of the Owner with the prior permission of the Owner, for any purpose; salary, other compensation or benefits and expenses of all staff employed at the Facility by the Owner, including, without limitation, all administrative, medical, resident assistance and other health care personnel and the Executive Director; custodial, food service, cleaning, maintenance, operational, secretarial and bookkeeping personnel employed to administer the day-to-day operations of the Facility and to perform health care and related services in the day-to-day operations of the Facility's business. (b) Principal, interest and discounts on indebtedness incurred or assumed by the OwnerOwner with respect to the acquisition, development, construction and fill-up of Facility ("Facility Financing"). (c) Taxes, imposts, levies or other charges on the existence, operation, receipts, income or property of the Owner, provided, however, that all interest and penalties incurred as a result of the Manager's failure to timely file all returns which the Manager is required to file pursuant to this Agreement, or to make timely payment of all taxes, levies, imposts, or other charges, to the extent that sufficient funds were available to the Manager as of the date such payments were due, shall be the responsibility of the Manager. (d) Medical supplies and equipment, food, fuel, kitchen and food service equipment, linens, beds, furniture, clothing and all other supplies and equipment used in supplying services to residents. (e) Expenses connected directly or indirectly with the design, acquisition, disposition or ownership of real and personal property devoted, used, or consumed in the business of the Facility, including, without limitation, purchase and/or construction of the land and buildings used for such purpose, maintenance, repair and improvement of property, all real estate and personal property taxes assessed, premiums for property and liability insurance on property owned by the Owner, brokerage commissions, and fees and expenses of consultants, managers, or agents retained directly by the Owner. (f) The Management Fee. (g) Legal fees and related expenses pertaining to the Facility, and any other litigation or proceedings to which the Owner is a party. However, such fees shall not include those fees resulting from or arising out of the gross negligence by the Manager and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice. In the event that there are insufficient funds available to the Manager to pay expenses which the Manager is authorized to incur and pay hereunder, including, without limitation, any taxes to be paid on behalf of the Owner by the Manager, the Manager shall promptly notify the Owner of the amount necessary to cure and the reason for such deficit and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice.

Owner Expenses. Except as otherwise expressly provided hereinin this Agreement, the Owner shall bear all of the expenses of operating and financing the Facility and rendering resident services not expressly assumed by the Manager, and including without limiting limitation, the generality of the foregoing, it is specifically agreed that the following expenses of the Facility shall not be borne by the Managerfollowing: (a) Fees and expenses of independent professional persons expressly retained by the Owner, or retained by the Manager for the account of the Owner with the prior permission of the Owner, for any purpose; salary, other compensation or benefits and expenses of all staff employed at the Facility by the Owner, including, without limitation, all administrative, medical, resident assistance and other health care personnel and the Executive Director; custodial, food service, cleaning, maintenance, operational, secretarial and bookkeeping personnel employed to administer the day-to-day operations of the Facility and to perform health care and related services in the day-to-day operations of the Facility's business. (b) Principal, interest and discounts on indebtedness incurred or assumed by the OwnerOwner with respect to the acquisition, development, construction, and fill-up of Facility ("Facility Financing"). (c) Taxes, imposts, levies or other charges on the existence, operation, receipts, income or property of the Owner, provided, however, that all interest and penalties incurred as a result of the Manager's failure to timely file all returns which the Manager is required to file pursuant to this Agreement, or to make timely payment of all taxes, levies, imposts, or other charges, to the extent that sufficient funds were available to the Manager as of the date such payments were due, shall be the responsibility of the Manager. (d) Medical supplies and equipment, food, fuel, kitchen and food service equipment, linens, beds, furniture, clothing and all other supplies and equipment used in supplying services to residents. (e) Expenses connected directly or indirectly with the design, acquisition, disposition or ownership of real and personal property devoted, used, or consumed in the business of the Facility, including, without limitation, purchase and/or construction of the land and buildings used for such purpose, maintenance, repair and improvement of property, all real estate and personal property taxes assessed, premiums for property and liability insurance on property owned by the Owner, brokerage commissions, and fees and expenses of consultants, managers, or agents retained directly by the Owner. (f) The Management Fee. (g) Legal fees and related expenses pertaining to the Facility, and any other litigation or proceedings to which the Owner is a party. However, such fees shall not include those fees resulting from or arising out of the gross negligence by the Manager and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice. In the event that there are insufficient funds available to the Manager to pay expenses which the Manager is authorized to incur and pay hereunder, including, without limitation, any taxes to be paid on behalf of the Owner by the Manager, the Manager shall promptly notify the Owner of the amount necessary to cure and the reason for such deficit and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice."

Owner Expenses. Except as otherwise expressly provided hereinin this Agreement, the Owner shall bear all of the expenses of operating and financing the Facility and rendering resident services not expressly assumed by the Manager, and including without limiting limitation, the generality of the foregoing, it is specifically agreed that the following expenses of the Facility shall not be borne by the Managerfollowing: (a) Fees and expenses of independent professional persons expressly retained by the Owner, or retained by the Manager for the account of the Owner with the prior permission of the Owner, for any purpose; salary, other compensation or benefits and expenses of all staff employed at the Facility by the Owner, including, without limitation, all administrative, medical, resident assistance and other health care personnel and the Executive Director; custodial, food service, cleaning, maintenance, operational, secretarial and bookkeeping personnel employed to administer the day-to-day operations of the Facility and to perform health care and related services in the day-to-day operations of the Facility's business. (b) Principal, interest and discounts on indebtedness incurred or assumed by the OwnerOwner with respect to the acquisition, development, construction, and fill-up of Facility ("Facility Financing"). (c) Taxes, imposts, levies or other charges on the existence, operation, receipts, income or property of the Owner, provided, however, that all interest and penalties incurred as a result of the Manager's failure to timely file all returns which the Manager is required to file pursuant to this Agreement, or to make timely payment of all taxes, levies, imposts, or other charges, to the extent that sufficient funds were available to the Manager as of the date such payments were due, shall be the responsibility of the Manager. (d) Medical supplies and equipment, food, fuel, kitchen and food service equipment, linens, beds, furniture, clothing and all other supplies and equipment used in supplying services to residents. (e) Expenses connected directly or indirectly with the design, acquisition, disposition or ownership of real and personal property devoted, used, or consumed in the business of the Facility, including, without limitation, purchase and/or construction of the land and buildings used for such purpose, maintenance, repair and improvement of property, all real estate and personal property taxes propertytaxes assessed, premiums for property and liability insurance on property owned by the Owner, brokerage commissions, and fees and expenses of consultants, managers, or agents retained directly by the Owner. (f) The Management Fee. (g) Legal fees and related expenses pertaining to the Facility, and any other litigation or proceedings to which the Owner is a party. However, such fees shall not include those fees resulting from or arising out of the gross negligence by the Manager and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice. In the event that there are insufficient funds available to the Manager to pay expenses which the Manager is authorized to incur and pay hereunder, including, without limitation, any taxes to be paid on behalf of the Owner by the Manager, the Manager shall promptly notify the Owner of the amount necessary to cure and the reason for such deficit and the Owner shall provide such necessary funds to the Manager within ten (10) 10 days after receipt of such notice."