Certificate of Expenditures Clause Samples

A Certificate of Expenditures clause requires a party, typically the contractor or service provider, to formally document and certify the costs incurred during the performance of work under a contract. This certification is usually submitted alongside invoices or payment requests and may include supporting documentation such as receipts or detailed breakdowns of expenses. The core function of this clause is to ensure transparency and accountability in billing, helping the paying party verify that claimed expenses are legitimate and in accordance with the contract terms.
Certificate of Expenditures. In connection with the Project Costs for the TDD Improvements and CID Improvements, Developer shall certify all costs and expenditures in accordance with the following: (a) Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit S setting forth the amount for which reimbursement is sought, identification of the relevant CID/TDD Project Costs and the appropriate source of Public Financing Proceeds for payment of such CID/TDD Project Costs. Developer shall certify to the City that it shall only use the Public Financing Proceeds for the designated CID/TDD Project Costs described in the Certificate of Expenditure and that such proceeds shall not be commingled with other sources or uses. For instance, Developer shall certify and be responsible for ensuring that CID Bond Proceeds from the CID District are not in any way commingled or improperly used for TDD Project Costs incurred in the TDD District. (b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. (c) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine ▇▇▇▇▇▇▇▇▇'s and other's records relating to all CID/TDD Project Costs to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. Developer hereby agrees to pay all actual and verifiable third party expenses incurred by the City pursuant to this subsection (c). (d) The City shall have thirty (30) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID/TDD Project Costs and is an Eligible Expenses; (2) the expense was incurred; (3) Developer is not in default under this Agreement; and (4) all conditions set forth in Section 4.05 hereof have been satisfied; and (5) there is no fraud on the part ...
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Certificate of Expenditures. In connection with the Eligible Expenses for the TDD Improvements, Developer shall certify all costs and expenditures in accordance with the following: (a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit I setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD Improvement. Prior to or concurrently with the first Certificate of Expenditure submitted by Developer to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Additionally, Developer shall require that no transferee, purchaser, or lessee of any portion of the District otherwise provide Certificates of Expenditures to the City, except through Developer or except as otherwise approved by the City. (b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). (c) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer's and other's records relating to all costs of TDD Improvements to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable third party expenses incurred by the City pursuant to this subsection (c). (d) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the TDD Improvements; (2) the expense was incurred; (3) Developer is not in default under this Agreement; and (4) all conditions set forth in Section 4.05 hereof have been satisfied; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the TDD Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall no...
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Certificate of Expenditures. In order to receive payment or reimbursement for TIF Eligible Expenses from TIF Financing, Developer shall submit a certificate of expenditures in the form attached hereto as Exhibit G (each, a "Certificate of Expenditures") attesting to the expenditure of Project Costs in accordance with the procedure set forth below. Developer may submit a separate Certificate of Expenditures each month, but no more than one time per month, for the TIF Fund. Additionally, Developer shall require that no transferee, purchaser, or lessee of any portion of the Project Site otherwise provide Certificate(s) of Expenditures to the UG, except as set forth herein. Notwithstanding the foregoing, the parties hereby agree that the UG will accept a Certificate of Expenditure for an amount not to exceed $446,119 from National Realty Advisors for its professional services rendered in connection with the Project, and the UG may disburse TIF Proceeds up to $446,119 to National Realty Advisors, provided however that (i) any such amounts shall be included within the TIF Cap and therefore reduce the TIF Proceeds available to Developer thereunder, and (ii) the Developer is entitled to 132.27 property tax ▇▇▇▇▇ from each collection of Incremental Real Property Taxes received in the TIF Fund from time to time; accordingly, any disbursements to National Realty Advisors shall be paid from the balance of any available ▇▇▇▇▇ (excluding the school levy and any other otherwise dedicated ▇▇▇▇▇) on a pay-as-you-go basis, and National Realty Advisors shall be entitled to one disbursement annually until such time as it receives TIF Proceeds equal to the $446,119 cap described herein. The disbursements of TIF Proceeds to National Realty Advisors is further limited to the extent that: (1) there are sufficient TIF Proceeds in the TIF Fund which are not disbursed to Developer as set forth in (a)(ii) above,
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Certificate of Expenditures. In order to receive payment or reimbursement for TIF Eligible Expenses from TIF Financing, Developer shall submit a certificate of expenditures in the form attached hereto as Exhibit G (each, a "Certificate of Expenditures") attesting to the expenditure of Project Costs in accordance with the procedure set forth below. Developer may submit a separate Certificate of Expenditures each month, but no more than one time per month, for the TIF Fund. Additionally, Developer shall require that no transferee, purchaser, or lessee of any portion of the Project Site otherwise provide Certificate(s) of Expenditures to the UG, except through Developer or except as otherwise approved by the UG and Developer.
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Certificate of Expenditures. In order to receive payment or reimbursement for TIF Eligible Expenses from Pay-Go TIF Financing or CID Eligible Expenses from Pay-As-You- Go CID Financing, Developer shall submit a certificate of expenditures in the form attached hereto as Exhibit H (each, a "Certificate of Expenditures") attesting to the expenditure of Project Costs in accordance with the procedure set forth below. Developer may submit a separate Certificate of Expenditures each month, but no more than one time per month, for the Project Area 1 TIF Fund and CID Fund. Project Costs may only be identified as reimbursed from the Project Area 1 TIF Fund or CID Fund, but not both. Additionally, Developer shall require that no transferee, purchaser, or lessee of any portion of the Project Site otherwise provide Certificate(s) of Expenditures to the UG, except through Developer or except as otherwise approved by the UG and Developer.
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Certificate of Expenditures. In order to receive payment or reimbursement for Project Costs with the UG Contribution or CID Eligible Expenses from Pay-Go CID Financing (after the UG Contribution and Interest thereon has been reimbursed in full), Developer shall submit a certificate of expenditures in the form attached hereto as Exhibit J (each, a "Certificate of Expenditures") attesting to the expenditure of Project Costs in accordance with the procedure set forth below. Developer may submit a separate Certificate of Expenditures each month, but no more than one time per month, for the UG Contribution and/or CID Proceeds. Project Costs may only be identified as reimbursed from the UG Contribution or CID Fund, but not both. Additionally, Developer shall require that no transferee, purchaser, or lessee of any portion of the Project Site otherwise provide Certificate(s) of Expenditures to the UG, except through Developer or except as otherwise approved by the UG and Developer.
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Certificate of Expenditures. Subsection 4.7(e)(4) is hereby amended as follows:
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Related to Certificate of Expenditures

  • Payment of Expenses (a) Whether or not the transactions contemplated by this Agreement are consummated or this Agreement is terminated, the Company agrees to pay or cause to be paid all costs and expenses incident to the performance of its obligations hereunder, including without limitation: (i) the costs incident to the authorization, issuance, sale, preparation and delivery of the Securities and any taxes payable in that connection; (ii) the costs incident to the preparation, printing and filing under the Securities Act of the Registration Statement, each Preliminary Prospectus, any Issuer Free Writing Prospectus, the Time of Sale Information and the Prospectus (including all exhibits, amendments and supplements thereto) and the distribution thereof; (iii) the costs of reproducing and distributing each of the Transaction Documents; (iv) the fees and expenses of the Company’s counsel and independent accountants; (v) the fees and expenses incurred in connection with the registration or qualification and determination of eligibility for investment of the Securities under the laws of such jurisdictions as the Representatives may designate and the preparation, printing and distribution of a Blue Sky Memorandum (including the related reasonable and documented out-of-pocket fees and expenses of counsel for the Underwriters in an aggregate amount not to exceed $10,000); (vi) any fees charged by rating agencies for rating the Securities; (vii) the fees and expenses of the Trustee and any paying agent (including related fees and expenses of any counsel to such parties); (viii) all expenses and application fees incurred in connection with any filing with, and clearance of the offering by, the Financial Industry Regulatory Authority, and the approval of the Securities for book-entry transfer by DTC; and (ix) all expenses incurred by the Company in connection with any “road show” presentation to potential investors. (b) If (i) this Agreement is terminated pursuant to Section 9, (ii) the Company for any reason fails to tender the Securities for delivery to the Underwriters or (iii) the Underwriters decline to purchase the Securities for any reason permitted under this Agreement, the Company agrees to reimburse the Underwriters for all documented out-of-pocket costs and expenses (including the fees and expenses of their counsel) reasonably incurred by the Underwriters in connection with this Agreement and the offering contemplated hereby.

  • Advance of Expenses The Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding to which Indemnitee is, or is threatened to be, made a party or a witness, within ten days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall include or be preceded or accompanied by a written affirmation by Indemnitee of Indemnitee’s good faith belief that the standard of conduct necessary for indemnification by the Company as authorized by law and by this Agreement has been met and a written undertaking by or on behalf of Indemnitee, in substantially the form attached hereto as Exhibit A or in such form as may be required under applicable law as in effect at the time of the execution thereof, to reimburse the portion of any Expenses advanced to Indemnitee relating to claims, issues or matters in the Proceeding as to which it shall ultimately be established that the standard of conduct has not been met and which have not been successfully resolved as described in Section 5. To the extent that Expenses advanced to Indemnitee do not relate to a specific claim, issue or matter in the Proceeding, such Expenses shall be allocated on a reasonable and proportionate basis. The undertaking required by this Section 6 shall be an unlimited general obligation by or on behalf of Indemnitee and shall be accepted without reference to Indemnitee’s financial ability to repay such advanced Expenses and without any requirement to post security therefor.