Center Expenses shall not include:
Center Expenses means all operating and non-operating expenses incurred in the operation of the Center, including, without limitation:
(i) Salaries, benefits, payroll taxes, workers compensation, health insurance, 401(k) and other benefit plans, and other direct costs of all employees of Premier at the Center, including dental assistants (but excluding all Orthodontists); provided that only expenses for health insurance, 401(k) and other benefit plans approved by the Orthodontic Entity shall be included;
(ii) Direct costs of all employees or consultants of Premier who, upon mutual agreement of Premier and the Orthodontic Entity, provide services at or, if consented to by the Orthodontic Entity, in connection with the Center required for improved clinic performance, such as work management, materials management, purchasing, charge and coding analysis, and business office consultation;
(iii) Obligations of Premier under leases or subleases entered into in connection with the operation of the Center;
(iv) Personal property and intangible taxes assessed against Premier's assets used in connection with the operation of the Center, commencing on the date of this Agreement;
(v) Malpractice insurance expenses and Orthodontist recruitment expenses as agreed to by Premier and the Orthodontic Entity;
(vi) Property, casualty and liability insurance for the Center and its operations;
(vii) In the event an opportunity arises for additional Orthodontists in the Area of Dominant Influence to become employed by or merge with the Orthodontic Entity, actual out-of-pocket expenses of Premier personnel working on a specified merger, whether or not such merger is completed if such merger is approved or requested by the Orthodontic Entity;
(viii) Amortization of intangible asset value as a result of each such acquisition referred to in subsection (vii) above;
(ix) Depreciation of all assets used by the Orthodontic Entity in the operation of the Center;
(x) Repayment of interest on any funds loaned to the Orthodontic Entity by Premier in connection with the operation of the Center, at an interest rate not in excess of the Prime Rate plus one percent (1%);
(xi) Advertising and other marketing expenses attributable to the promotion of the Center and/or its Orthodontist(s); and
(xii) Other expenses incurred by Premier with the consent of the Orthodontic Entity in carrying out its obligations under this Agreement for the benefit of the Center or the Orthodontic Entity; provided, however, that such e...
Center Expenses means all expenses, costs and amounts of every kind and nature which Landlord shall pay during any calendar year any portion of which occurs during the Term in connection with the management, repair, maintenance, replacement, insurance and operation of the Center, including, without limitation, any amounts paid for: (a) utilities, including but not limited to . . . heating, air conditioning and ventilating . . . .
Examples of Center Expenses in a sentence
Premier shall be responsible for the payment of all Center Expenses, as defined below, during the term of this Agreement and the Orthodontic Entity shall immediately reimburse Premier for such payments from funds held in the Orthodontic Entity Account.
To the extent that such expenses exceed three percent (3%) of the Orthodontic Entity's Adjusted Gross Revenue for such year, the Center Expenses shall be reduced by such excess amount solely for the purpose of calculating the Consulting Fee; provided, however, that the Orthodontic Entity shall pay such excess expenses.
To the extent that such expenses exceed three percent (3%) of the Orthodontic Entity's Adjusted Gross Revenue for such year, the Center Expenses shall be reduced by such excess amount solely for the purpose of calculating the Service Fee (as defined in the Service Agreement); provided, however, that the Orthodontic Entity shall pay such excess expenses.
Each accounting period the UPI Chief Financial Officer shall determine which Cost Centers are in a surplus position, defined as Cost Center Revenues (less the assessments and other deductions described in Section 4 above) that exceed Cost Center Expenses.
The lease expenses incurred by Orthodontic Entity in connection with the Center Sublease Agreement will be deemed "Center Expenses" for purposes of Article III of this Agreement.
More Definitions of Center Expenses
Center Expenses means all operating and non- operating expenses incurred in the operation of the Center, including, without limitation:
(i) Salaries, benefits, and other direct costs of all employees of BDMS at the Center, including dental assistants (but excluding all dental hygienists and Dentists);
(ii) Direct costs of all employees or consultants of BDMS who provide services to or in connection with the Center required for improved clinic performance, such as work management, materials management, purchasing, charge and coding analysis, laboratory, marketing and business office consultation;
(iii) Other expenses incurred by BDMS in carrying out its obligations under this Agreement including, but not limited to utilities, janitorial services, laboratory services, supplies, advertising and any direct expense reasonably allocable to the Center;
(iv) Principal and interest repayments of loans made to the Professional Entity by BDMS;
(v) Depreciation expense associated with the Professional Entity's assets and the assets of BDMS used at the Center and the amortization of intangible asset value as a result of any acquisition or merger of another dental practice relating to the Center;
(vi) Interest expense on indebtedness incurred by BDMS to finance any of its obligations hereunder or services provided hereunder;
(vii) Malpractice insurance expenses, lease expenses (including rents and other amounts payable under the Sublease) and Dentist recruitment expenses;
(viii) Personal property and other taxes assessed against BDMS's or Professional Entity's assets used in connection with the operation of the Center, commencing on the date of this Agreement;
(ix) In the event an opportunity arises for the Professional Entity to merge with or acquire the assets of another dental practice, actual out-of-pocket expenses of BDMS personnel working on a specified merger or acquisition, whether or not such transaction is completed;
(x) Corporate overhead charges or any other expenses of BDMS or any corporation affiliated with the Professional Entity other than the kind of items listed above, but including the Professional Entity's pro rata share of the expenses of the accounting and computer services provided to all PERFECT TEETH dental centers managed by BDMS as reasonably allocated to the Center by BDMS; and,
(xi) A monthly collection reserve in the amount of 5% of Adjusted Gross Center Revenue;
Center Expenses means all operating and non-operating expenses incurred in the operation of the Center, excluding any state and federal income taxes, and including, without limitation:
(i) Salaries, benefits, payroll taxes, workers compensation, health insurance, 401(k) and other benefit plans, and other direct costs of all employees of BII at the Center, including nurses (but excluding all Surgeons); provided that only expenses for health insurance, 401(k) and other benefit plans approved by the Practice shall be included;
(ii) Obligations of BII under leases or subleases entered into in connection with the operation of the Center;
(iii) Personal property and intangible taxes assessed against BII's assets used in connection with the operation of the Center, commencing on the Effective Date (as hereinafter defined) of this Agreement;
(iv) Malpractice insurance expenses and Surgeon recruitment expenses as agreed by BII and the Practice;
(v) Property, casualty and liability insurance for the Center and its operations;
(vi) Amortization of intangible asset value;
(vii) Depreciation of all assets owned by BII and used by the Practice in the operation of the Center;
(viii) Repayment of any advances (and the interest thereon) made by BII to the Practice pursuant to Section 1.12(b);
(ix) Advertising and other consumer awareness expenses attributable to the promotion of the Center and/or its Surgeon(s) and consented to by the Practice; and
(x) Other expenses incurred by BII with the written consent of the Practice in carrying out its obligations hereunder for the benefit of the Center or the Practice; provided, however, that such expenses shall not include BII's home office overhead expenses.
Center Expenses means all operating and non-operating expenses incurred in the operation of the Center, including, without limitation:
(i) Salaries, benefits, payroll taxes, workers compensation, health insurance, 401(k) and other benefit plans, and other direct costs of all employees of Premier at the Center, including dental assistants (but excluding all Orthodontists); provided that only expenses for health insurance, 401(k) and other benefit plans approved by the Orthodontic Entity shall be included;
(ii) Direct costs of all employees or consultants of Premier who, upon mutual agreement of Premier and the Orthodontic Entity, provide services at or, if consented to by the Orthodontic Entity, in connection with the Center required for improved clinic performance, such as work management, materials management, purchasing, charge and coding analysis, and business office consultation;
(iii) Obligations of Premier under leases or subleases entered into in connection with the operation of the Center;
(iv) Personal property and intangible taxes assessed against Premier's assets used in connection with the operation of the Center, commencing on the date of this Agreement;
(v) Malpractice insurance expenses and Orthodontist recruitment expenses as agreed to by Premier and the Orthodontic Entity;
(vi) Property, casualty and liability insurance for the Center and its operations;
(vii) In the event an opportunity arises for additional Orthodontists in the Area of Dominant Influence to become employed by or merge with the Orthodontic Entity, actual out-of-pocket expenses of
Center Expenses shall not include: (i) Any federal or state income taxes; or
Center Expenses shall not include:
(i) Any federal or state income taxes; or
(ii) Any personal expenses of the Surgeon as permitted in the first sentence of Section 3(b) of that certain employment agreement(s) by and between the Surgeon(s) and the Entity, in excess of three percent (3%) of the Entity's Adjusted Gross Revenue.
Center Expenses means all operating and non-operating expenses incurred in the operation of the Center, excluding any state and federal income taxes, and including, without limitation:
(1) Salaries, benefits, payroll taxes, workers compensation, health insurance, 401(k) and other benefit plans, and other direct costs of all employees of PSC at the Center, including nurses (but excluding all Surgeons); provided that only expenses for health insurance, 401(k) and other benefit plans approved by the Practice shall be included;
(2) Obligations of PSC under leases or subleases entered into in connection with the operation of the Center;
(3) Personal property and intangible taxes assessed against PSC's assets used in connection with the operation of the Center, commencing on the Effective Date (as hereinafter defined) of this Agreement;
(4) Malpractice insurance expenses and Surgeon recruitment expenses as agreed by PSC and the Practice;
(5) Property, casualty and liability insurance for the Center and its operations;
(6) Amortization of intangible asset value as a result of each such acquisition referred to in subsection (vii) above;
(7) Depreciation of all assets owned by PSC and used by the Practice in the operation of the Center;
(8) Repayment of any advances (and the interest thereon) made by PSC to the Practice pursuant to Section 1.12(b);
(9) Advertising and other marketing expenses attributable to the promotion of the Center and/or its Surgeon(s) and consented to by the Practice; and
(10) Other expenses incurred by PSC with the consent of the Practice in carrying out its obligations hereunder for the benefit of the Center or the Practice; provided, however, that such expenses shall not include PSC's home office overhead expenses.
Center Expenses means Physician Group’s Share (as defined below) of all operating and non-operating expenses of the facility utilized for the Center . . . including, without limitation: