COST SHIFTING Clause Samples

The COST SHIFTING clause reallocates responsibility for certain expenses from one party to another, typically in the context of litigation or contractual disputes. In practice, this means that if one party incurs costs—such as legal fees, expert witness expenses, or discovery costs—those expenses may be transferred to the opposing party under specified circumstances, such as when a party acts unreasonably or fails to comply with procedural rules. The core function of this clause is to encourage fair conduct and efficiency by deterring unnecessary or bad-faith actions, as parties risk bearing additional costs if they do not act appropriately.
COST SHIFTING. The deliverable amounts specified within the Deliverables section above are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO’s ability to approve and reimburse allowable costs, incurred by Grantee in providing the deliverables herein. Prior written approval from DEO’s Agreement Manager is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total funding amount will require a formal written amendment, as described in Section D., Renegotiation or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement.
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COST SHIFTING. The deliverable amounts specified within Section 4 of this Scope of Work are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO’s ability to Recipient: Modification Number: Contract Number: Activity Accomplishments Beneficiaries Budget Activity # Description Unit Number VLI LI MI All CDBG-CV Amount Other Funds Source* Total Funds * Show the sources and amounts of “Other Funds” needed to complete the project below, including local funds, grants from other agencies and program income. Source Other Funds Counted as Leverage Other Funds Not Counted as Leverage
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COST SHIFTING. The deliverable amounts specified within Section 4 of this Scope of Work are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO’s ability to
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COST SHIFTING. The deliverable amounts specified within Section 4 of this Scope of Work are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict ▇▇▇’s ability to approve and reimburse allowable costs Grantee incurred providing the deliverables herein. Prior written approval from DEO’s Agreement Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Grantee, as described in MODIFICATION section of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. Recipient: City of Lake City Modification Number: N/A Contract Number: 22CV-S30 1.
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COST SHIFTING. You must not knowingly be party to any arrangement that results in you effectively receiving separate payments, whether from us or any other Person, for the supply of the same Services, or any component of them.
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COST SHIFTING. The deliverable amounts specified within Section 4 of this Scope of Work are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict ▇▇▇’s ability to approve and reimburse allowable costs the Recipient incurred providing the deliverables herein. Prior written approval from DEO’s Agreement Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from the Recipient, as described in MODIFICATION section of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. DocuSign Envelope ID: 24B8B394-0DFC-401B-AE11-8F17C908984E Recipient: Modification Number: N/A Contract Number: 1.
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COST SHIFTING. The deliverable amounts specified within the Deliverables section above are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict Commerce’s ability to approve and reimburse allowable costs, incurred by Grantee in providing the deliverables herein. Prior written approval from Commerce’s Agreement
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COST SHIFTING. If it is ultimately determined by clear and convincing evidence pursuant to Section 12.7 that any Product Liability Claim solely and directly was caused by or resulted from the actual willful misconduct of, or actual violation of Applicable Laws by, only one Party (the “At-Fault Party”) or any of its Affiliates or its or their subcontractors (including, in the case of Eisai or its Affiliates, a Sub-distributor or Co-Promotion Partner, and in the case of Arena or its Affiliates, an Arena ex-Territory Distributor) in performing any activity contemplated by this Agreement, or any actual breach by the At-Fault Party (or any of its Affiliates) of this Agreement, the Quality Agreement or the PV Agreement, and the actions or omissions of the other Party (the “Non-Fault Party”) or any of its Affiliates or its or their subcontractors (including, in the case of Eisai or its Affiliates, a Sub-distributor or Co-Promotion Partner, and in the case of Arena or its Affiliates, an Arena ex-Territory Distributor)
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Related to COST SHIFTING

  • Operating Costs Tenant shall pay to Landlord the Tenant’s Percentage of Operating Costs (as hereinafter defined) incurred by Landlord in any calendar year. Tenant shall remit to Landlord, on the first day of each calendar month, estimated payments on account of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to the Operating Costs, as reasonably estimated by Landlord from time to time. The initial monthly estimated payments shall be in an amount equal to 1/12th of the Initial Estimate of Tenant’s Percentage of Operating Costs for the Calendar Year. If, at the expiration of the year in respect of which monthly installments of Operating Costs shall have been made as aforesaid, the total of such monthly remittances is greater than the actual Operating Costs for such year, Landlord shall promptly pay to Tenant, or credit against the next accruing payments to be made by Tenant pursuant to this subsection 4.2.3, the difference; if the total of such remittances is less than the Operating Costs for such year, Tenant shall pay the difference to Landlord within twenty (20) days from the date Landlord shall furnish to Tenant an itemized statement of the Operating Costs, prepared, allocated and computed in accordance with generally accepted accounting principles. Any reimbursement for Operating Costs due and payable by Tenant with respect to periods of less than twelve (12) months shall be equitably prorated.

  • Commissioning Commissioning tests of the Interconnection Customer’s installed equipment shall be performed pursuant to applicable codes and standards. The ISO and Connecting Transmission Owner must be given at least five Business Days written notice, or as otherwise mutually agreed to by the Parties, of the tests and may be present to witness the commissioning tests.

  • Cost Estimate The cost estimate shall set out the estimated costs for the proposed Change Order in such a way that a fair evaluation can be made. It shall include a breakdown for labor, materials, equipment and markups for overhead and profit, unless TxDOT agrees otherwise. If the work is to be performed by Subcontractors and if the work is sufficiently defined to obtain Subcontractor quotes, DB Contractor shall obtain quotes (with breakdowns showing cost of labor, materials, equipment and markups for overhead and profit) on the Subcontractor’s stationery and shall include such quotes as back-up for DB Contractor’s estimate. No markup shall be allowed in excess of the amounts allowed under Section 10.6. DB Contractor shall identify all conditions with respect to prices or other aspects of the cost estimate, such as pricing contingent on firm orders being made by a certain date or the occurrence or non-occurrence of an event.

  • Complete Work without Extra Cost Except to the extent otherwise specifically stated in this contract, the Contractor shall obtain and provide, without additional cost to the City, all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the Work.

  • Cost Share Federal and provincial governments support AgriInsurance programs by paying all administration expenses and sharing premium costs with the Insured.