Non-Reimbursable Costs Sample Clauses

Non-Reimbursable Costs. Non-Reimbursable Costs include costs or expenses incurred by Contractor related to the following items: (a) Taxes based on or related to the net income, capital or net worth of Contractor or any Subcontractor; (b) costs and expenses incurred in connection with corporate training recruiting and corporate meetings not directly related to the Work, or public and/or business relations not directly related to the Work; (c) Liquidated damages required to be paid under the Agreement; (d) Amounts required to be paid under Section 5.1.2, Section 30.1.2 or Section 40.4.2 of the Agreement; (e) Any costs, expenses or other items included in Contractor’s G&A as listed in Section 3 below; (f) Any additional general and administrative expenses, fees or mark-up of a Contractor Affiliate; (g) Sales and use taxes on construction equipment and Contractor’s machinery, materials and other equipment to the extent not constituting a Direct Cost; (h) Owner Costs and Direct Costs for Indemnified Liens; (i) Owner Costs and Direct Costs to discharge and settle Subcontractor and Agent For Contractor claims arising from and solely attributable to the Gross Negligence or Willful Misconduct of Senior Supervisory Personnel; (j) Costs, fees and expenses incurred by Contractor or required to be paid to Owner to the extent of Contractor’s obligations under Sections 30.1.1, 30.1.2 and 30.1.3 of the Agreement; (k) Amounts required to be paid by Contractor under Section 31.3 of the Agreement, it being understood that such amounts shall not be treated as a Non-Reimbursable Cost for the purposes of Section 21.1(e) of the Agreement; (l) incidental, indirect, punitive or consequential damages or for loss of profit, product, revenue, contract or use to the extent waived by Owner pursuant to Section 21.2 of the Agreement; (m) Corrective Work performed during any Warranty Period in respect of which Substantial Completion was achieved prior to termination; (n) costs and expenses of any work outside the Scope of Work described in Exhibit A of the Agreement that was performed by Contractor prior to its having received an executed Change Order or authorization from Owner; (o) costs and expenses of performing that portion of the Work that Contractor knows to be a violation to any Laws or Permits; (p) Contractor’s repayment to Owner of amounts previously paid by Owner under this Agreement that were determined to be a Non-Reimbursable Cost; (q) costs and expenses incurred by Contractor in connection with Se...

Non-Reimbursable Costs. 5.7.1 The following shall not be deemed as Cost of the Work: 5.7.1.1 Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Sections 5.5. 5.7.1.2 Overhead and general expenses, except as provided for in Section 5.5, or which may be recoverable for changes to the Work. 5.7.1.3 The cost of Design-Builder’s capital used in the performance of the Work. 5.7.1.4 Any costs that would cause the Guaranteed Maximum Price, as adjusted in accordance with the Contract Documents, to be exceeded.

Non-Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work as they are covered by Design- Builder’s Fee or are otherwise at Design-Builder’s risk: 6.5.1.1 Compensation for Design-Builder’s personnel not directly supporting the Project. 6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. 6.5.1.3 The cost of Design-Builder’s capital used in the performance of the Work. 6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 6.5.1.5 Parking and daily commuting to the job site.

Non-Reimbursable Costs. Notwithstanding anything to the contrary in this Agreement, the following expenses or costs incurred by or on behalf of Manager in connection with the Property will be at the sole cost and expense of Manager and will not be reimbursed by Owner from the Operating Account or otherwise, and Manager will indemnify and hold harmless the Owner Related Entities from all liability for the same: (a) Cost of salary and wages, payroll taxes, insurance, worker’s compensation and other benefits of Manager’s management, accounting and office personnel not reimbursable under Section 7.1(m); (b) General accounting and reporting services which are within the scope of Manager’s responsibilities to Owner under this Agreement; (c) Cost of forms, papers, ledgers and other supplies, equipment, copying and telephone of any kind used in Manager’s office at any location other than the Property; (d) Cost of electronic data processing equipment, or any pro rata charge therefor, whether or not located at the Property, or for data processing provided by computer service companies; (e) Political or charitable contributions; (f) Cost of advances made to employees and cost of travel by Manager’s employees or agents to and from the Property; (g) Costs attributable to negligence, misconduct or fraud on the part of Manager, Manager’s associates or Manager’s employees or agents, or arising from Manager’s breach under this Agreement, including theft of assets by Manager’s employees, contractors or other agents; penalties or loss of discount due to delay in payment of bills or invoices; overpayment or duplicate payment of invoices arising from either fraud or error; overpayment of labor costs arising from either fraud or error; a sum equal to the value of any form of payment from purveyors of goods or services to any of Manager’s employees, contractors or agents arising from the purchase of goods or services relating to the Property; and unauthorized use of facilities by Manager’s employees, contractors or agents; (h) Cost of comprehensive crime insurance or fidelity bonds purchased by Manager for its own account; (i) Training expenses except for on-site employees; (j) Employment and employment agency fees except for on-site employees; (k) Advertising expenses of Manager not directly related to the Property; and (l) Dues of Manager or any of its employees in professional organizations or the cost of any of Manager’s employees participating in industry conventions, meetings or other functions.

Non-Reimbursable Costs. 5.01 Except to the extent included in Section 3.09 or Article IV, Owner shall not reimburse Contractor for any of the following costs, all of which shall be borne by Contractor at its sole cost and expense: (a) salaries or other compensation of any principals and branch office heads of Contractor. (b) expenses of operating Contractor’s home and branch offices, including overhead and administrative expenses except to the extent that such expenses are reimbursable pursuant to the provisions of Section 3.09 or Article IV hereof; (c) any part of Contractor’s capital expenses, including interest on capital employed in connection with the Work; (d) (i) costs not reimbursed by insurance, due (x) to the negligent acts or omissions or willful misconduct of Contractor, or Contractor’s failure to perform its obligations under this Agreement or (y) from the violation by Contractor of any Federal, State or local laws, ordinances or statutes; (ii) casualty losses and related expenses sustained by Contractor in connection with tools, equipment, supplies and other personal effects owned or rented by Contractor; and (iii) any other costs which would have been insured but for the failure of Contractor to carry the insurance required to be carried hereunder or the failure of Contractor to comply with the requirements of any insurance carriers providing insurance coverage for the Project, as set forth in Exhibit B hereof; (e) costs of uncovering, correcting or replacing defective Work which has arisen by reason of Contractor’s gross negligence or intentional breach of this Agreement or failure to properly supervise or coordinate the Work; (f) losses, costs, and expenses (including attorneys’ fees and disbursements) incurred by Contractor in connection with, or as a result of, the occurrence of any event expressly provided for under the terms of this Agreement wherein Contractor agrees to indemnify and hold harmless Owner against such losses, costs and expenses (except Owner shall reimburse Contractor for legal fees incurred in discharging or bonding Trade Contractor mechanic’s liens as provided for in Section 3.10(i); (g) General Conditions Costs which are back-charged to or are deducted from any Trade Contractor for any reason; (h) costs incurred by reason of Contractor’s failure to comply with its obligations under this Agreement, including costs in the form of penalties, fines or other similar charges, as well as any and all costs incurred in contravention of laws, rules a...

Non-Reimbursable Costs. The following costs/expenses shall not be eligible for reimbursement under this Agreement.

Non-Reimbursable Costs. “Non-Reimbursable Costs” means the following costs that shall not be eligible for reimbursement under this Agreement: Loss During Delivery, Costs Incurred Due to Negligence, Unapproved Costs, Excess Costs, Non-Project Shared Costs, and Defective Work Costs each as further defined in Section 9.1.5.2.

Non-Reimbursable Costs. The parties hereby acknowledge and agree that Operator shall be solely responsible and Delta shall not be responsible, nor reimburse Operator, for any and all FAA, DOT or any other government or regulatory agency fines administered or levied against Operator due to any action or omission not principally caused by Delta or an affiliate of Delta.

Non-Reimbursable Costs. Except as otherwise specifically provided for in this Agreement, the following expenses or costs incurred by or on behalf of Glenborough in connection with the Services shall be at the sole cost and expense of Glenborough and shall not be reimbursed by Rancon, unless Rancon has consented in writing to such expense or cost, which consent may be given or withheld in Rancon’s sole and absolute discretion: 4.8.1 Cost of gross salaries and wages, payroll taxes, insurance, workers compensation and other benefits of Glenborough’s own office personnel. 4.8.2 Cost of entertainment except as related to the promotion or marketing of the Property or to investor, broker and tenant relations.