Payments of Expenses. The Property Manager shall pay all expenses of the operation, maintenance and repair with respect to the Project contemplated by the Budget directly from the Operating Account or shall be reimbursed by the Tenants in Common, subject to the conditions set forth in Section 2, including the following: (a) costs of the gross salary and wages or proportional shares thereof, payroll taxes, worker's compensation insurance, and all other benefits of employees required to manage, operate and maintain the Project properly, adequately, safely and economically, subject to this Agreement, provided that the Property Manager shall not pay such employees in advance; (b) cost to correct the violation of any governmental requirement relating to the leasing, use, repair and maintenance of the Project, or relating to the rules, regulations or orders of the local Board of Fire Underwriters or other similar body, if such cost is not the result of the Property Manager's gross negligence or willful misconduct; (c) actual and reasonable cost of making all repairs, decorations and alterations if such cost is not the result of the Property Manager's gross negligence or willful misconduct; (d) cost incurred by the Property Manager in connection with all service agreements; (e) cost of collection of delinquent rents collected by a collection agency or attorney; (f) legal fees of attorneys; (g) cost of capital expenditures subject to the restrictions in Section 2.9 and in this Section; (h) cost of printed checks for each account required by the Tenants in Common; (i) cost of utilities; (j) cost of advertising; (k) cost of printed forms and supplies required for use at the Project; (l) management compensation set forth in Section 9; (m) the cost of tenant improvements to the Project; (n) all hiring, relocation and termination costs for any employee, including those individuals whose salaries and benefits are paid by the Tenants in Common; (o) broker commissions; (p) debt service; (q) the cost of services, contractors and insurance; (r) reimbursement of the Property Manager's out-of-pocket costs and expenses to the extent not prohibited by Section 8; (s) general accounting and reporting services within the reasonable scope of the Property Manager's responsibility to the Tenants in Common; (t) cost of forms, papers, ledgers, and other supplies and equipment used in the Property Manager's office at any location; (u) cost of electronic data processing equipment, including personal computers...
Payments of Expenses. (a) The Trust shall bear all costs and expenses of the Fund, including fees and disbursements of its counsel and auditors, in connection with the preparation and filing of any required registration statements and/or prospectuses and statements of additional information under the Investment Company Act, the Securities Act, and all amendments and supplements thereto, and preparing and mailing annual and interim reports and proxy materials to shareholders (including but not limited to the expense of setting in type any such registration statements, prospectuses, statements of additional information, annual or interim reports or proxy materials).
(b) After the prospectuses, statements of additional information, and annual and interim reports have been prepared and set in type, the Distributor shall bear the costs and expenses of printing and distributing any copies thereof which are to be used in connection with the offering of shares to selected dealers or investors. The Distributor shall bear the costs and expenses of preparing, printing and distributing any other literature used by the Distributor or furnished by it for use by selected dealers in connection with the offering of the shares for sale to the public. Any expenses of advertising incurred in connection with such offering will be the obligation of the Adviser.
(c) The Trust shall bear the cost or expenses (other than auditing expenses) of qualification of the shares for sale, and, if necessary or advisable in connection therewith, of qualifying the Trust as a broker or dealer, in such states of the United States or other jurisdictions as shall be selected by the Trust and the Distributor pursuant to Section 5(c) hereof and the cost and expenses payable to each such state for continuing qualification therein until the Trust decides to discontinue such qualification pursuant to Section 5(c) hereof.
Payments of Expenses. (a) The Trust shall bear all costs and expenses of the Fund, including fees and disbursements of its counsel and auditors, in connection with the preparation and filing of any required registration statements and/or prospectuses under the Investment Company Act, the Securities Act, and all amendments and supplements thereto, and preparing and mailing annual and interim reports and proxy materials to shareholders (including but not limited to the expense of setting in type any such registration statements, prospectuses, statements of additional information, annual or interim reports or proxy materials).
(b) After the prospectuses, statements of additional information, and annual and interim reports have been prepared and set in type, the Distributor shall bear the costs and expenses of printing and distributing any copies thereof which are to be used in connection with the offering of shares to selected dealers or investors. The Distributor shall bear the costs and expenses of preparing, printing and distributing any other literature used by the Distributor or furnished by it for use by selected dealers in connection with the offering of the shares for sale to the public. Any expenses of advertising incurred in connection with such offering will be the obligation of the Adviser.
(c) The Trust shall bear the cost or expenses (other than auditing expenses) of qualification of the shares for sale, and, if necessary or advisable in connection therewith, of qualifying the Trust as a broker or dealer, in such states of the United States or other jurisdictions as shall be selected by the Trust and the Distributor pursuant to Section 5(c) hereof and the costs and expenses payable to each such state for continuing qualification therein until the Trust decides to discontinue such qualification pursuant to Section 5(c) hereof.
Payments of Expenses. 11 5. Conditions of Underwriters’ Obligations .............................................................................................................................................. 11 6. Indemnification .................................................................................................................................................................................... 18 7. Contribution ........................................................................................................................................................................................ 20 8. Representations, Warranties and Agreements to Survive Delivery.......................................................................................................... 21
Payments of Expenses. 33 Section 11.4 Amendment . . . . . . . . . . . . . . 34 Section 11.5 Waiver. . . . . . . . . . . . . . . . 34
Payments of Expenses. All costs and expenses incurred in connection with the negotiation, preparation and enforcement of this Agreement, including, without limitation, all fees and expenses of attorneys will be borne solely by the respective Party who incurred them, and the other Party will have no liability in respect to such costs and expenses.
Payments of Expenses. If gross income from the Property is not sufficient to pay bills and charges incurred, available funds shall be applied first to bills and charges of third parties and second to fees and expenses of Manager to be charged to Owner pursuant to this Agreement. After exhausting available funds, Manager shall submit to Owner a statement of remaining unpaid bills and Owner shall promptly provide sufficient funds to pay such bills.
Payments of Expenses. It shall pay promptly when due (or before they become delinquent) all taxes, assessments, governmental charges, and levies imposed upon their respective Collateral or any income or profits therefrom, and any claims of any kind against their respective Collateral, except for taxes that are being contested in good faith by appropriate proceedings diligently conducted for which appropriate reserves have been established in accordance with GAAP and where there is no risk of liens arising on, or forfeiture of, such Collateral other than Permitted Liens.
Payments of Expenses. Section 11.3 of the Asset Purchase Agreement is hereby amended by adding the following sentence to the end of that section: "Buyer agrees to pay the reasonable attorney fees and other expenses incurred by Seller and Seller's lenders relating to the Promissory Note and related loan documents."
