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 the Facility and rendering patient care 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 administrative, medical, nursing and other health care personnel; 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) 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 nursing home care and services to patients. (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 acquisition, sale, mortgaging or leasing of property, litigation and proceedings relating to rates and charges at the Facility, 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 negligence by the Manager. 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.

Appears in 2 contracts

Samples: Management Agreement (Carematrix Corp), Management Agreement (Standish Care Co)

AutoNDA by SimpleDocs

Owner Expenses. Except as otherwise expressly provided herein, the Owner shall bear all of the expenses of operating and financing the Facility and rendering patient care not assumed by the ManagerFacility, 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 administrative, medical, nursing and other health care personnel; custodial, food service, cleaning, maintenance, operational, secretarial and bookkeeping personnel all staff employed to administer the day-to-day operations of by the Facility and to perform health care and related services in the day-to-day operations of the Facility's businessExecutive Director. (b) Interest 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 Supplies and equipment, food, fuel, kitchen and food service equipment, linens, beds, furniture, clothing and all other supplies and equipment used in supplying nursing home care and services to patientsresidents. (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 acquisition, sale, mortgaging or leasing of property, litigation and proceedings relating to rates and charges at the Facility, 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 negligence by the Manager. 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 deficitdeficit and the Owner shall provide such necessary funds to the Manager within ten (10) days after receipt of such notice.

Appears in 1 contract

Samples: Management Agreement (Standish Care Co)

AutoNDA by SimpleDocs

Owner Expenses. Except as otherwise expressly provided herein, the Owner shall bear all of the expenses of operating the Facility and rendering patient care 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 administrative, medical, nursing and other health care personnel; 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) 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 nursing home care and services to patients. (e) Expenses connected directly or indirectly with the design, acquisition, disposition or ownership of real and personal property devoted, used, 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 acquisition, sale, mortgaging or leasing of property, litigation and proceedings relating to rates and charges at the Facility, 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 negligence by the Manager. 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.

Appears in 1 contract

Samples: Management Agreement (Standish Care Co)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!