Modification Costs definition

Modification Costs are defined in Section 2.5 of Exhibit D.
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Modification Costs are defined in Section 2.5 below.
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Modification Costs means (in relation to each element of each Tenant’s Requested Modification) the aggregate of the following sums namely:- 1.63.1 the sums payable to Trade Contractors in relation to or resulting from that element of the Tenant’s Requested Modification including (but not limited to) in each case (if any) any relevant Trade Contractor Preliminaries; and 1.63.2 (save in respect of any period of Tenant’s Delay when this Sub-Clause 1.63.2 shall revert to the actual cost of any Preliminaries provided) a fixed preliminaries percentage of twelve and one half per centum (12 1/2%) of the sums referred to in Clause 1.63.1 above; and 1.63.3 all proper Consultants’ and other third party fees properly incurred or expended by the Developer in connection with each element of the Tenant’s Requested Modification, including but not limited to fees incurred (as applicable) in:- (a) determining the extent and scope of each element of the Tenant’s Requested Modification (b) preparation of the Modification Plans (c) preparation of the Estimates referred to in Clause 7.4.1 (d) preparation of the drawings referred to in Clauses 1.76.1 and 18.1.3(a) (e) assessing and determining the final out-turn cost of the Tenant’s Requested Modification (f) assessing agreeing or preparing the Costs Estimate and monitoring and agreeing the sums finally payable to the Trade Contractors in relation to the Tenant’s Requested Modifications 1.63.4 all sums referred to in this Agreement as forming part of the Modification Costs 1.63.5 any amount incurred by the Developer in connection with each element of the Tenant’s Requested Modification which represents Value Added Tax, save to the extent that the person incurring that amount is entitled to credit or repayment in respect of such Value Added Tax from HM Revenue & Customs 1.63.6 three per centum (3%) of the aggregate of the sums referred to in Clauses 1.63.1 to 1.63.5 (inclusive) as adjusted pursuant to this Agreement and so that (for the avoidance of doubt) any sum which is recovered under one sub-Clause shall not also be recovered under another sub-Clause of this Clause 1.63
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Examples of Modification Costs in a sentence

  • Estimated Substation Modification Costs are set out in Annex IV, as that annex may be supplemented or amended from time to time.

  • Con Edison may interconnect other developers' projects to the Substation, notwithstanding Generator's payment of Substation Modification Costs.

  • Unless otherwise agreed by the Parties, the Work Modification Costs shall be taken into account in the calculation of the Supplementary Part of the Rent in accordance with Clause 8.5.

  • All applicable insurance recoveries shall be applied as appropriate to the Wastewater System Modification Costs.

  • For Wastewater System Modification Costs that are the responsibility of the Borough under this Section 6.5, the Borough may finance such costs as the Borough may determine in its sole discretion.

  • The Company shall update the notice required by this subsection from time to time to reflect any modification in the computation of the price, the Service Fee or any other material change in the information included in any previous notice, and shall provide the Borough with a description of such Wastewater System Modifications, Wastewater System Modification Costs and Cost Substantiation on a definitive basis as soon as reasonably possible.

  • The Company shall give prompt written notice to the Borough of the receipt of any such recovery and such monies shall be immediately paid to the Borough, to be applied as appropriate to the Wastewater System Modification Costs.

  • Con Xxxxxx may interconnect other developers' projects to the Substation, notwithstanding Generator's payment of Substation Modification Costs.

  • Sponsor’s payment of the Signage Modification Costs shall be in addition to the License Consideration under paragraph 7.

  • Debt Modification Costs On February 25, 2011, the Company entered into Amendment No. 1 (the ''Amendment'') to the Credit Agreement dated as of October 8, 2010.


More Definitions of Modification Costs

Modification Costs means (in relation to each element of each Tenant's Requested Modification) the aggregate of the following sums namely:- 1.75.1 the sums payable to Trade Contractors in relation to or resulting from that element of the Tenant's Requested Modification including (but not limited to) in each case (if any) any relevant Trade Contractor Preliminaries; and 1.75.2 a fixed preliminaries percentage of 12.5 per centum of the sums referred to in Clause 1.75.1 above; and 1.75.3 all Key Consultants', Consultants' and other third party fees properly incurred or expended by the Developer and/or CWCL in connection with each element of the Tenant's Requested Modification, including but not limited to fees incurred (as applicable) in:- (a) determining the extent and scope of each element of the Tenant's Requested Modification (b) preparation of the Modification Plans (c) preparation of the Estimates referred to in Clause 8.4.1 (d) preparation of the drawings referred to in Clauses 1.85.2 and 18.1.3(a) (e) assessing and determining the final out-turn cost of the Tenant's Requested Modification (f) assessing agreeing or preparing the Costs Estimate and monitoring and agreeing the sums finally payable to the Trade Contractors in relation to the Tenant's Requested Modifications 1.75.4 the part or proportion of the sums, fees, costs and expenses specified in Clauses 1.75.1 to 1.75.3 (inclusive) which represents Value Added Tax, save to the extent that any party is entitled to credit or repayment in respect of such Value Added Tax from H.M.
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Modification Costs means all direct and indirect costs and expenditures (whether or not capitalizable) incurred in making modifications to the Saguenay Plant in order to increase the power factor to 95%.
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Modification Costs means the total cost to the United States to 76 complete the Modification Work, less any non-reimbursable costs incurred for security 77 hardening or SOD costs not subject to repayment as solely determined by the Contracting 78 Officer;
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Modification Costs means such reasonable, actual, direct, out-of-pocket costs or expenses incurred by the Buyer Companies in connection with the modification of the Station's facilities to operate on a new channel (or acquisition of another channel). The Buyer shall provide to Sellers, no later than two (2) business days prior to the date the payment to Sellers or their designees is to be made under this SECTION 2.5(c), invoices and other documents reasonably requested by Sellers evidencing the Buyer Companies' payment of or contractual obligation to pay the Modification Costs.
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Related to Modification Costs

  • Construction Costs means land costs, all costs paid to construct and complete the Improvements, as specified on Exhibit "B" attached hereto and made a part hereof.

  • Collection Costs means an amount that the Municipality can charge with regard to the enforcement of a consumer’s monetary obligations;

  • Modification Fees With respect to any Serviced Loan, any and all fees collected from the related Mortgagor with respect to a modification, extension, waiver or amendment that modifies, extends, amends or waives any term of the Loan Documents (as evidenced by a signed writing) agreed to by the Master Servicer or the Special Servicer, other than (a) any Assumption Fees, Consent Fees or assumption application fees and (b) any fee in connection with a defeasance of such Serviced Loan.

  • Acquisition Costs means all fees, costs, expenses, stamp, registration or transfer Taxes incurred by the Group in connection with the Acquisition.

  • Modification Fee means a fee, if any, collected from a Mortgagor by the Master Servicer in connection with a modification of any Mortgage Loan other than a Specially Serviced Mortgage Loan or collected by the Special Servicer in connection with the modification of a Specially Serviced Mortgage Loan.

  • Transition Costs means the reasonable costs and expenses (including reasonable attorneys’ fees but excluding overhead) incurred or payable by the Successor Servicer in connection with the transfer of servicing (whether due to termination, resignation or otherwise), including allowable compensation of employees and overhead costs incurred or payable in connection with the transfer of the Receivable Files or any amendment to the Sale and Servicing Agreement required in connection with the transfer of servicing.

  • Relocation Costs means costs incurred in the relocation of the furniture, fixtures, equip- ment, machinery and supplies, including, but not limited to, the cost of dismantling and reassembling equipment and the cost of floor preparation necessary for the reassembly of the equipment. Relocation costs include only such costs that are incurred during the ninety-day period immediately following the commencement of the relocation to an eli- gible premises. Relocation costs do not include costs for structural or capital improve- ments or items purchased in connection with the relocation.

  • Termination Costs means all documented Direct Costs and Indirect Costs incurred by Transmission Owner in connection with the performance of the Services (i) prior to the effective date of termination, including such costs incurred for materials, equipment, tools, construction equipment and machinery, engineering and other items, materials, assets or services that cannot reasonably be avoided, mitigated or cancelled, (ii) to unwind any work undertaken prior to or after the effective date of termination to the extent reasonably necessary to return the Projects to a configuration or condition in compliance with Good Utility Practice and applicable Law, and (iii) arising from cancellation costs relating to orders or contracts entered into in connection with the performance of Services by Transmission Owner prior to the effective date of the termination.

  • Litigation Costs means all reasonable costs, charges, expenses, including attorneys', accountants' and expert witnesses' fees, and obligations paid or incurred in connection with investigating, defending (including affirmative defenses and counterclaims), obtaining or attempting to obtain a settlement, being a witness in, or participating in or preparing to defend, be a witness in, or participate in, any Proceeding and any appeal therefrom and the cost of appeal, attachment and similar bonds.

  • Production Costs means those costs and expenditures incurred in carrying out Production Operations as classified and defined in Section 2 of the Accounting Procedure and allowed to be recovered in terms of Section 3 thereof.

  • Transaction Costs means all fees, costs and expenses incurred or payable by the Borrower or any Subsidiary in connection with the Transactions.

  • Excess Modification Fees With respect to any Serviced Mortgage Loan (or Serviced Loan Combination, if applicable), the sum of (A) the excess of (i) any and all Modification Fees with respect to any modification, waiver, extension or amendment of any of the terms of a Serviced Mortgage Loan (or Serviced Loan Combination, if applicable), over (ii) all unpaid or unreimbursed Advances and Additional Trust Fund Expenses (including, without limitation, interest on unreimbursed Advances to the extent not otherwise paid or reimbursed by the related Mortgagor (including indirect reimbursement from Penalty Charges or otherwise), but excluding (1) Special Servicing Fees, Workout Fees and Liquidation Fees and (2) Borrower Delayed Reimbursements) outstanding or previously incurred hereunder with respect to the related Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) and reimbursed from such Modification Fees (which such Advances and Additional Trust Fund Expenses shall be reimbursed from such Modification Fees), and (B) Advances and Additional Trust Fund Expenses previously paid or reimbursed from Modification Fees as described in the preceding clause (A), which Advances and Additional Trust Fund Expenses have been recovered from the related Mortgagor as Penalty Charges, specific reimbursements or otherwise. All Excess Modification Fees earned by the Special Servicer shall offset any future Workout Fees or Liquidation Fees payable with respect to the related Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) or REO Property; provided that if the Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) ceases being a Corrected Loan, and is subject to a subsequent modification, any Excess Modification Fees earned by the Special Servicer prior to such Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) ceasing to be a Corrected Loan shall no longer be offset against future Liquidation Fees and Workout Fees unless such Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) ceased to be a Corrected Loan within 18 months of it becoming a modified Serviced Mortgage Loan (or modified Serviced Loan Combination, if applicable). If such Mortgage Loan (or Serviced Loan Combination) ceases to be a Corrected Loan, the Special Servicer shall be entitled to a Liquidation Fee or Workout Fee (to the extent not previously offset) with respect to the new modification, waiver, extension or amendment or future liquidation of the Specially Serviced Loan or related REO Property (including in connection with a repurchase, sale, refinance, discounted or full payoff or other liquidation); provided that any Excess Modification Fees earned and paid to the Special Servicer in connection with such subsequent modification, waiver, extension or amendment (or, as contemplated by the preceding proviso, a prior modification, waiver, extension or amendment) shall be applied to offset such Liquidation Fee or Workout Fee to the extent described above. Within any prior 12-month period, all Excess Modification Fees earned by the Master Servicer or the Special Servicer (after taking into account any offset described above applied during such 12-month period) with respect to any Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) shall be subject to a cap equal to the greater of (i) 1% of the outstanding principal balance of such Serviced Mortgage Loan (or Serviced Loan Combination, if applicable) after giving effect to such transaction, and (ii) $25,000.

  • Remediation Costs means the cost of any action taken to reduce the concentration of contaminants on, in or under the Eligible Property to permit a record of site condition to be filed in the Environmental Site Registry under section 168.4 of the Environmental Protection Act and the cost of complying with any certificate of property use issued under section 168.6 of the Environmental Protection Act, as further specified in the CIP.

  • Construction Cost means and includes the cost of the entire construction of the Project, including all supervision, materials, supplies, labor, tools, equipment, transportation and/or other facilities furnished, used or consumed, without deduction on account of penalties, liquidated damages or other amounts withheld from payment to the contractor or contractors, but such cost shall not include the Consulting Engineer/Architect's fee, or other payments to the Consulting Engineer/Architect and shall not include cost of land or Rights-of-Way and Easement acquisition.

  • Financing Costs means for each calendar day the product of:

  • Exploration Costs means costs incurred in identifying areas that may warrant examination and in examining specific areas that are considered to have prospects that may contain oil and gas reserves, including costs of drilling exploratory wells and exploratory type stratigraphic test wells. Exploration costs may be incurred both before acquiring the related property and after acquiring the property. Exploration costs, which include applicable operating costs of support equipment and facilities and other costs of exploration activities, are:

  • Administration Costs means (i) the costs and expenses associated with the production and dissemination of the Notice (as defined in Section 2.10); (ii) all reasonable costs incurred by the Settlement Administrator (as defined in Section 1.40) in administering and effectuating this Settlement, which costs and expenses are necessitated by performance and implementation of this Agreement and any Court orders relating thereto; (iii) all reasonable fees charged by the Settlement Administrator; and (iv) any other costs associated with the settlement, including but not limited to any amounts charged by TIAA or Vanguard.

  • Cancellation Costs means costs and liabilities incurred in connection with: (a) cancellation of supplier and contractor written orders and agreements entered into to design, construct and install Attachment Facilities, Direct Assignment Facilities and/or Customer-Funded Upgrades, and/or (b) completion of some or all of the required Attachment Facilities, Direct Assignment Facilities and/or Customer-Funded Upgrades, or specific unfinished portions and/or removal of any or all of such facilities which have been installed, to the extent required for the Transmission Provider and/or Transmission Owner(s) to perform their respective obligations under Tariff, Part IV and/or Part VI.

  • Acquisition Cost means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepare the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use.

  • Leasing Costs means, with respect to a particular Lease, all capital costs, expenses incurred for capital improvements, equipment, painting, decorating, partitioning and other items to satisfy the initial construction obligations of the landlord under such Lease (including any expenses incurred for architectural or engineering services in respect of the foregoing), “tenant allowances” in lieu of or as reimbursements for the foregoing items, payments made for purposes of satisfying or terminating the obligations of the tenant under such Lease to the landlord under another lease (i.e., lease buyout costs), relocation costs, temporary leasing costs, leasing commissions, brokerage commissions, legal, design and other professional fees and costs, in each case, to the extent the landlord is responsible for the payment of such cost or expense under the relevant Lease or any other agreement relating to such Lease.

  • Start-Up Costs means all fees, costs, and expenses incurred in connection with establishing the State Mitigation Trust and the Indian Tribe Mitigation Trust and setting them up for operation. Start-up costs shall not include the cost of premiums for insurance policies.

  • Distribution Costs means all costs of: (i) transporting ore or concentrates from a Mine or a concentrating plant to a smelter, refinery or other place of delivery designated by the purchaser and, in the case of concentrates tolled, of transporting the concentrate or metal from a smelter or refinery to the place of delivery designated by the purchaser; (ii) handling, warehousing and insuring the concentrates and metal; and (iii) in the case of concentrates tolled, of smelting and refining, including any penalties thereon or in connection therewith.

  • Restructuring Costs means the costs, including both direct and indirect, of restructuring activities. Restructuring costs that may be allowed include, but are not limited to, severance pay for employees, early retirement incentive payments for employees, employee retraining costs, relocation expense for retained employees, and relocation and rearrangement of plant and equipment. For purposes of this definition, if restructuring costs associated with external restructuring activities allocated to DoD contracts are less than $2.5 million, the costs shall not be subject to the audit, review, and determination requirements of paragraph (c)(4) of this subsection; instead, the normal rules for determining cost allowability in accordance with FAR Part 31 shall apply.

  • Project Costs means the costs of the construction, acquisition or equipping of the Project, as further described in the Project Budget, and such other costs as may be approved in writing by the Department, provided such costs are permitted by the Act.

  • Modification Loss A decrease in the total payments due from a Borrower as a result of a modification of such Mortgage Loans following a default or reasonably expected default thereon. If a Modification Loss results in a decrease in the Note Rate of a Mortgage Loan, such Modification Loss shall be treated as occurring on each Due Date to the extent of such decrease.

  • Penalty Charges means any amounts collected from the Borrower that represent default charges, penalty charges, late fees and/or default interest, but excluding any yield maintenance charge or prepayment premium.