Future Costs. The Company shall pay to the City or to third parties, at the direction of the City, an amount equal to the reasonable out-of pocket costs and expenses which the City incurs for the services of third parties (including but not limited to attorneys and other consultants) in connection with any Company-initiated renegotiation, transfer, amendment or other modification of this Agreement or the franchise granted hereunder. Before any work subject to such reimbursement is performed, the City will advise the Company that the City will be incurring the services of third parties pursuant to the preceding sentence. The Company expressly agrees that the payments made pursuant to this Section 7.2.2 are in addition to and not in lieu of, and shall not be offset against, the compensation to be paid to the City by the Company pursuant to Section 7.1 hereof or any other amount that may be payable to the City.
Future Costs. Company shall pay to City or to third parties, at the direction of City, an amount equal to the reasonable costs and expenses which City incurs for the services of third parties (including but not limited to attorneys and other consultants) in connection with any renewal or Company-initiated renegotiation, transfer, amendment or other modification of this Agreement or the franchise, provided, however, that in the case of renewal only, the parties shall agree upon a reasonable financial cap at the outset of negotiations. However, in the event City brings any action for termination or for enforcement of this Agreement against Company and Company finally prevails, then Company shall have no obligation to reimburse City or pay any sums directly to third parties, at the direction of City, pursuant to this Section with respect to such termination or enforcement. In the event Company contests the charges, it shall pay any uncontested amounts. City shall review the contested charges and the services rendered and shall reasonably determine whether such charges are reasonable for the services rendered. Company expressly agrees that the payments made pursuant to this Section 7.2 are in addition to and not in lieu of, and shall not be offset against, the compensation to be paid to City by Company pursuant to Section 7.1 hereof.
Future Costs. In the event of a Default by the Franchisee, the Franchisee shall pay to the City or to third parties, at the direction of DoITT, an amount equal to the reasonable costs and expenses which the City incurs for the services of third parties (including attorneys and other consultants) in connection with enforcement of remedies including termination for cause. Before any reimbursable work is performed, the City will advise the Franchisee that the City will be incurring the services of third parties pursuant to the preceding sentence. However, in the event the City terminates this Agreement or brings an action for other enforcement of this Agreement against the Franchisee, or the Franchisee brings an action against the City, and the Franchisee finally prevails, then the Franchisee shall have no obligation to reimburse the City or pay any sums directly to third parties, at the direction of the City, pursuant to this Section with respect to such termination or enforcement. In the event the Franchisee contests the charges, it shall pay any uncontested amounts. DoITT shall review the contested charges and the services rendered and shall reasonably determine whether such charges are reasonable for the services rendered. In addition to the foregoing, the Franchisee shall pay to the City or to third parties, at the direction of DoITT, an amount equal to the reasonable costs and expenses which the City incurs for the services of third parties (including, but not limited to, attorneys and other consultants) in connection with any renewal or transfer, amendment or other modification of this Agreement or the franchise to be made at the request of the Franchisee. Before any reimbursable work is performed, the City will advise the Franchisee that the City will be incurring the services of third parties pursuant to the preceding sentence. The Franchisee expressly agrees that the payments made pursuant to this Section are in addition to and not in lieu of, and shall not be offset against, the compensation to be paid to the City by the Franchisee pursuant to any other provision of this Article.
Future Costs. Fraser shall pay a proportional share of any future transit consultant services or other costs determined necessary by the TAC and approved by both Parties. The cost sharing shall be approved by the Parties prior to any expenditures. Should either Party determine that additional services or other items are of importance, but agreement on cost sharing cannot be reached with the other Party after reasonable efforts, that Party may proceed to obtain the services or other items at that Party's sole expense, and such services or items shall remain the sole property of that Party.
Future Costs. 19 7.3 No Credits or Deductions..........................................20 7.4
Future Costs. The Company shall pay to the City or to third parties, at the direction of the Commissioner, an amount equal to the reasonable costs and expenses which the City incurs for the services of third parties (including but not limited to attorneys and other consultants) in connection with any renewal or Company initiated renegotiation, transfer, amendment or other modification of this Agreement or the franchise, provided, however, that in the case of renewal only, the parties shall agree upon a reasonable financial cap at the outset of negotiations. However, in the event the City brings any action for termination or for enforcement of this Agreement against the Company and the Company finally prevails, then the Company shall have no obligation to reimburse the City or pay any sums directly to third parties, at the direction of the City, pursuant to this Section with respect to such termination or enforcement. In the event the Company contests the charges, it shall pay any uncontested amounts. The Commissioner shall review the contested charges and the services rendered and shall reasonably determine whether such charges are reasonable for the services rendered. The Company expressly agrees that the payments made pursuant to this Section 7.2 are in addition to and not in lieu of, and shall not be offset against, the compensation to be paid to the City by the Company pursuant to Section 7.1 hereof.
Future Costs. To the extent there are additional costs incurred by the Company and/or its subsidiaries subsequent to January 31, 2023 (or that have been incurred by the Company and/or its subsidiaries and not yet paid as of January 31, 2023), in connection with and/or arising from the Covered Matters, you agree to review such costs in good faith and to reimburse the Company for such additional costs if no good faith basis exists to dispute such costs.
Future Costs. The Parties acknowledge and agree that the budget for development activities and any other activities relating to the preparation and implementation of the LTO that will be undertaken (or for which costs and expenses will be incurred) after execution of the Transaction Documents will be set out in the Transaction Documents, and such budget is not covered by this Agreement.
Future Costs. The Company shall pay to the City an amount equal to the reasonable costs and expenses which the City incurs for the services of third parties (including, but not limited to, attorneys and other consultants) in connection with any renegotiation, transfer, amendment or other modification of, this Agreement or the franchise (where such action is initiated by the Company or an Affiliated Person), or request or application therefor, at such time and in such manner as the Commissioner shall specify. Payments of such costs and expenses shall not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. § 542), and such payments shall not be deemed to be (i) "payments-in-kind" or involuntary payments chargeable against the compensation to be paid to the City by the Company pursuant to Section 9.1 hereof, or (ii) part of the compensation to be paid to the City by the Company pursuant to Section 9.1 hereof.
Future Costs. Costs and expenses related to returns, allowances and salvage costs will be borne by JJC. The Parties understand and agree that returns, allowances and salvage costs are future costs normally deducted by customers long after the sales and the collection of accounts receivable have been completed.
