Common use of Unallowable Costs Defined Clause in Contracts

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47) incurred by or on behalf of Navistar, and its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) Navistar’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Navistar makes to the United States pursuant to this Agreement and any payments that Navistar may make to Relator, including costs and attorney’s fees, are unallowable costs for government contracting purposes (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47) incurred by or on behalf of NavistarInsitu and Related Entities, and its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) NavistarInsitu’s and Related Entities’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Navistar Insitu makes to the United States pursuant to this Agreement and any payments that Navistar Insitu may make to RelatorO’Hara, including costs and attorney’s attorneys’ fees, are unallowable costs for government contracting purposes (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47) incurred by or on behalf of NavistarXxxxxx Xxxxxx, and its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) Navistar’s Xxxxxx Xxxxxx’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Navistar Xxxxxx Xxxxxx makes to the United States pursuant to this Agreement and any payments that Navistar Xxxxxx Xxxxxx may make to Relator, including costs and attorney’s attorneys’ fees, are unallowable costs for government contracting purposes (hereinafter referred to as “Unallowable Costs”).