Costs Defined Sample Clauses
The "Costs Defined" clause establishes a clear definition of what expenses are considered as costs under the agreement. It typically outlines which specific items—such as materials, labor, overhead, or third-party fees—are included or excluded from the calculation of costs. By providing this detailed breakdown, the clause ensures both parties have a mutual understanding of financial responsibilities, thereby reducing the risk of disputes over payments or reimbursements.
Costs Defined. The costs charged by Landlord to Tenant pursuant to Paragraph C hereof shall be an amount equal to the costs incurred by Landlord beyond the Tenant Improvement Allowance to:
(a) review the requested changes (including, without limitation, the cost of retaining outside engineering consultants);
(b) revise the Plans; and
(c) cause the Tenant Improvements, as reflected by the revised Plans, to be constructed to the extent those costs exceed the costs that Landlord would have had to pay to cause the Tenant Improvements to be constructed (as reflected by the then-existing Plans) if such changes had not been made.
Costs Defined. For the purpose of this Agreement, “costs” shall include both of the following:
a. All out-of-pocket expenses of the Party providing the Services incurred in connection with the provision of Services rendered, including salaries, labor costs and benefits; amounts paid for independent technical and professional Services; amounts paid to third-party contractors; and all overhead expenses, including, but not limited to, space utilization. Labor costs shall be based on the number of hours worked by the employees multiplied by the cost rate per hour applicable to those employees. The hourly rate shall be adjusted to include all appropriate payroll loadings (for benefits, taxes, etc.). In addition, the applicable Administration & General (“A&G”) loading rate shall be applied to derive the fully loaded cost of employee time associated with Services provided. Materials, supplies, and non-labor vouchered items shall similarly be charged to the other Party on the basis of the full cost of the items supplied. Supporting documentation on the cost of non-labor items shall be available to the other Party to substantiate the charges billed. Non-labor costs shall not have an A&G loading rate applied.
b. A reasonable return on any investment in assets, equipment, or plant (“Assets”) supporting the provision of Services in the following amounts:
(i) For Services provided by NW Natural, the return on Assets employed, if any, shall be no less than the rate case authorized rate of return on its investment serving its ratepayers; and
(ii) For Services provided by an Affiliate to NW Natural, the return on Assets employed, if any, shall be no more than the rate case authorized rate of return on its investment serving its ratepayers, if applicable.
Costs Defined. For purposes of this Agreement, "costs' include:
(a) all costs, expenses, charges and outlays, direct and indirect, made or incurred by the Operator on or in respect of a Property from the date of this agreement; and
(b) an Operator's fee for administrative services, head office overhead, use of the corporate infrastructure, and other general services provided by the Operator and its affiliated corporations not recovered directly in (a) above, which charge shall be a percentage of the costs set out in (a) above, as follows:
(i) 10% of costs incurred during the period between the date of this agreement and the date a production decision is made, except for third party contracts in excess of US$IOO,000 in which case the fee for the amount in excess shall be 5%, it being agreed that Cominco shall not be entitled to an Operator's fee on the consulting services agreement with Minera Andes referred to in paragraph 9; and
(ii) 3% of costs incurred during the period after the date a production decision is made.
Costs Defined. For purposes of this Agreement, "costs" incurred from joint venture formation include:
(a) all costs, expenses, charges and outlays, direct and indirect, made or incurred by the operator on or in respect of the Property from the date the joint venture is formed, including, without limiting generality, the costs of engineering; permitting; construction and purchase of plant and infrastructure; operating the mine, mining; milling; transportation; and reclamation; and
(b) an operator's fee of 3% of costs incurred after the production decision date for administrative services, head office overhead, use of the corporate infrastructure, and other general services provided by the operator and its affiliated corporations including but not limited to costs for officers and their expenses, secretarial work, legal, accounting, human resources, insurance, taxes, payroll, data processing, employee benefit administration, office rents, office supplies, and other expenditures made for the benefit of mine construction and operation, and not recovered directly in (a) above. The operator's fee is intended to allow the operator to recover its costs, not to permit the operator to make a profit.
Costs Defined. For purposes of this Article architects' and engineers' fees, attorneys' fees, consultants' fees, title insurance premiums and other similar costs and expenses relating to repair or restoration shall be included in the costs and expenses of any such repair or restoration.