Reimbursement by the City Sample Clauses

Reimbursement by the City. In addition to any and all rights of reimbursement, subrogation or any other rights pursuant hereto or under law or equity, to the extent permitted by law, the City shall reimburse the Lender and its directors, officers, employees, agents or advisors (each, an “Lender Party”) against, and hold the Lender Parties harmless from, any and all costs, losses, liabilities, claims, damages and related expenses, including the fees, charges and disbursements of any counsel for any Lender Party (“Claims and Expenses”), which may be incurred by or asserted against any Lender Party arising out of, in connection with or as a result of the following (each, a “Reimbursement Proceeding”): (a) the execution or delivery of this Agreement, the Note and any other Related Document or other agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or the consummation of any of the transactions contemplated hereby or thereby or (b) any actual or threatened claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by the City and regardless of whether any Lender Party is a party thereto; provided, such reimbursement shall not, as to any Lender Party, be available to the extent that such losses, claims, damages, liabilities or related expenses are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Lender Party.

Reimbursement by the City. The City shall reimburse the Design Consultant for any good or service purchased by the Design Consultant pursuant to the City’s written request. This reimbursement shall not include an administrative charge, multiplier, or other xxxx-up by the Design Consultant. The City will not reimburse the Design Consultant for items such as, but not limited to: (i) Printing. (ii) Shipping and/or postage. (iii) Messenger and/or delivery services. (iv) Long distance telephone calls, cellular telephone calls, and/or facsimile transmissions. (v) Personal automobile use. (vi) Parking and/or tolls. The City shall also reimburse the Design Consultant (without administrative charge, multiplier, or other xxxx-up by the Design Consultant) for the following Reimbursable Expenses to the extent they represent actual, reasonable, and customary out-of-pocket expenses incurred by the Design Consultant in performing its Basic or Additional Services hereunder: (i) If the Design Consultant’s office is located more than 100 miles from the City or if travel distance is greater than 100 miles, transportation and living expenses will be reimbursed. Transportation, lodging, and per diem expenses for travel are not reimbursable between the Design Consultant’s offices and its Consultants’ offices. Transportation and parking expenses shall be paid on the same basis and shall be subject to the same conditions as those in effect for employees of the City, pursuant, to the Transportation, Per Diem, and Mileage Reimbursement Schedule attached as Exhibit “F”. (ii) Expenses for reproductions, excluding, however, (a) reproductions by the Design Consultant for internal office use by the Design Consultant, and (b) reproductions by the Design Consultant’s Consultants for internal office use by the Design Consultant’s Consultants. (iii) Special renderings, models or mockups Approved in writing in advance by the City.