Operating and Management Expenses Clause Samples

The Operating and Management Expenses clause defines which costs related to the day-to-day running and oversight of a property, business, or project are to be covered and how they are allocated. Typically, this clause outlines specific categories of expenses such as utilities, maintenance, administrative salaries, and management fees, and may detail whether these costs are reimbursed, capped, or shared among parties. Its core function is to ensure transparency and fairness in the allocation of ongoing operational costs, thereby preventing disputes over what constitutes reimbursable or allowable expenses.
Operating and Management Expenses. The General Partner shall be reimbursed by the Partnership monthly for any reasonable and necessary expenses incurred by the General Partner on behalf of the Partnership in providing Cellular Service plus reasonable and necessary administrative and general overhead expenses, including, but not limited to, marketing, maintenance, message charges, facilities, engineering, customary legal, accounting and auditing fees, development and implementation of billing procedures, expense of preparing tax returns and reports, taxes, travel, office rent, telephone, salaries (including social security, relief, pensions and other benefits), and other incidental business expenses incurred by the General Partner on behalf of the Partnership in connection with the provision of Cellular Services. The General Partner or any affiliate thereof shall not be entitled to any profit in rendering such services to the Partnership, as described in this paragraph, it being understood that the General Partner or any affiliate thereof will be entitled to its proportionate allocated share of Income and Losses as provided in Article VI. Expenses incurred prior to the date of the formation of the Partnership, except as stated in Section 5.3 below, shall not be reimbursed.
View SourceView Similar (3)
Operating and Management Expenses. The System Manager shall be reimbursed by the Partnership monthly, or at such other longer periods as the Partnership deems appropriate, for any reasonable and necessary expenses incurred by the System Manager on behalf of the Partnership in providing Cellular Service in accordance with the terms of this Partnership Agreement, plus reasonable and necessary administrative and general overhead expenses, including, but not limited to, marketing, maintenance, message charges, facilities, engineering, data processing, legal, accounting and audit fees, development and implementation of billing procedures, expenses of preparing tax returns and reports, taxes, travel, office rent, telephone, salaries (including social security, relief, pensions and other benefits) and other incidental business expenses incurred by the System Manager on behalf of the Partnership in connection with the provision of Cellular Service in accordance with the terms of this Partnership Agreement. To the extent funds are expended by the System Manager which are to be reimbursed to it by the Partnership, the same shall be treated as a loan from the System Manager to the Partnership, bearing interest at a per annum rate no greater than the System Manager's composite cost of money from time to time, with the loan commencing thirty (30) days after the date of billing to the Partnership and terminating at the date of reimbursement.
View Source
Operating and Management Expenses. The General Partner shall be reimbursed by the Partnership monthly beginning the month after the earlier of when the initial Capital Contribution was made or due, in accordance with Section 5.1, for any reasonable and necessary expenses incurred by the General Partner on behalf of the Partnership from the effective date of this Agreement in providing Cellular Service plus reasonable and necessary administrative and general overhead expenses, including, but not limited to, marketing, maintenance, message charges, facilities, engineering, customary legal, accounting and audit fees, development and implementation of billing procedures, expenses of preparing tax returns and reports, taxes, travel, office rent, telephone, salaries (including social security, relief, pensions and other benefits), cost of capital, and other incidental business expenses incurred by the General Partner on behalf of the Partnership in connection with the provision of Cellular Service. The General Partner shall not be entitled to any profit in rendering such services to the Partnership, as described in this paragraph, it being understood that the General Partner will be entitled to its proportionate allocated share of income and losses as provided in Article VI. Expenses incurred prior to the date of this Agreement shall not be reimbursed.
View Source
Operating and Management Expenses. Operating and management expenses incurred by the Landlord through the intended use of the rental property described in Clause 1 (1) are to be borne pro rata by the Tenant, in particular including the expenditure formulated in Appendix 3 to Clause 27 of the II Charging Regulation, to the extent that they are actually incurred in the rental property, for:
View Source
Operating and Management Expenses. The General Partner shall be reimbursed by the Partnership monthly or such other longer periods as it deems appropriate for any reasonable and necessary expenses incurred by the General Partner on behalf of the Partnership. To the extent funds are expended by the General Partner that are to be reimbursed to the General Partner by the Partnership, the same shall be treated as a loan or loans from the General Partner to the Partnership in accordance with Section 7.1(4), with the loan commencing at the time of expenditure and terminating at the time of reimbursement. With the exception of monies paid to the General Partner pursuant to Section 4.5, the General Partner shall not receive any Formatted: Font: Times New Roman, 8 pt Formatted: Tab stops: 3", Centered + 6", Right + Not at 0.73" Partner’s proportionate allocated share of income and losses as provided in Article VI. additional payments on account of services or assets furnished by the General Partner to the Partnership other than such profit as the General Partner may receive by way of the General
View Source
Operating and Management Expenses. The General Partner shall be reimbursed by the Partnership monthly or such other longer periods as it deems appropriate for any reasonable and necessary expenses incurred by the General Partner on behalf of the Partnership in performing the General Partner’s duties on behalf of the Partnership. To the extent funds are expended by the General Partner that are to be reimbursed to the General Partner by the Partnership, the same shall be treated as a loan or loans from the General Partner to the Partnership in accordance with Section 7.1(4), with the loan commencing at the time of expenditure and terminating at the time of reimbursement. With the exception of monies paid to the General Partner pursuant to Section 4.5, the General Partner shall not receive any additional profit on payments on account of services or assets furnished by the General Partner to the Partnership other than such profit as the General Partner may receive by way of the General Partner’s proportionate allocated share of income or losses as provided in Article VI.
View Source

Related to Operating and Management Expenses

  • Operating and Maintenance Expenses Subject to the provisions herein addressing the use of facilities by others, and except for operations and maintenance expenses associated with modifications made for providing interconnection or transmission service to a third party and such third party pays for such expenses, Developer shall be responsible for all reasonable expenses including overheads, associated with: (1) owning, operating, maintaining, repairing, and replacing Developer’s Attachment Facilities; and (2) operation, maintenance, repair and replacement of Connecting Transmission Owner’s Attachment Facilities. The Connecting Transmission Owner shall be entitled to the recovery of incremental operating and maintenance expenses that it incurs associated with System Upgrade Facilities and System Deliverability Upgrades if and to the extent provided for under Attachment S to the ISO OATT.

  • Operating and Maintenance Costs The Participating Generator shall be responsible for all its costs incurred in connection with operating and maintaining the Generating Units identified in Schedule 1 for the purpose of meeting its obligations under this Agreement.

  • NETWORK MAINTENANCE AND MANAGEMENT 38.1 The Parties will work cooperatively to implement this Agreement. The Parties will exchange appropriate information (for example, maintenance contact numbers, network information, information required to comply with law enforcement and other security agencies of the government, escalation processes, etc.) to achieve this desired result. 38.2 Each Party will administer its network to ensure acceptable service levels to all users of its network services. Service levels are generally considered acceptable only when End Users are able to establish connections with little or no delay encountered in the network. Each Party will provide a twenty four (24)-hour contact number for Network Traffic Management issues to the other’s surveillance management center. 38.3 Each Party maintains the right to implement protective network traffic management controls, such as “cancel to”, “call gapping” or seven (7)-digit and ten (10)-digit code gaps, to selectively cancel the completion of traffic over its network, including traffic destined for the other Party’s network, when required to protect the public-switched network from congestion as a result of occurrences such as facility failures, switch congestion or failure or focused overload. Each Party shall immediately notify the other Party of any protective control action planned or executed. 38.4 Where the capability exists, originating or terminating traffic reroutes may be implemented by either Party to temporarily relieve network congestion due to facility failures or abnormal calling patterns. Reroutes shall not be used to circumvent normal trunk servicing. Expansive controls shall be used only when mutually agreed to by the Parties. 38.5 The Parties shall cooperate and share pre-planning information regarding cross-network call-ins expected to generate large or focused temporary increases in call volumes to prevent or mitigate the impact of these events on the public-switched network, including any disruption or loss of service to the other Party’s End Users. Facsimile (FAX) numbers must be exchanged by the Parties to facilitate event notifications for planned mass calling events. 38.6 Neither Party shall use any Interconnection Service provided under this Agreement or any other service related thereto or used in combination therewith in any manner that interferes with or impairs service over any facilities of AT&T-21STATE, its affiliated companies or other connecting telecommunications carriers, prevents any carrier from using its Telecommunications Service, impairs the quality or the privacy of Telecommunications Service to other carriers or to either Party’s End Users, causes hazards to either Party’s personnel or the public, damage to either Party’s or any connecting carrier’s facilities or equipment, including any malfunction of ordering or billing systems or equipment. Upon such occurrence either Party may discontinue or refuse service, but only for so long as the other Party is violating this provision. Upon any such violation, either Party shall provide the other Party notice of the violation at the earliest practicable time. 38.7 AT&T TENNESSEE hereby commits to provide Disaster Recovery to CLEC according to the plan below. 38.7.1 AT&T TENNESSEE Disaster Recovery Plan 38.7.2 In the unlikely event of a disaster occurring that affects AT&T TENNESSEE’s long-term ability to deliver traffic to a CLEC, general procedures have been developed by AT&T TENNESSEE to hasten the recovery process in accordance with the Telecommunications Service Priority (TSP) Program established by the FCC to identify and prioritize telecommunication services that support national security or emergency preparedness (NS/EP) missions. A description of the TSP Program as it may be amended from time to time is available on AT&T TENNESSEE’s Wholesale – Southeast Region Web site. Since each location is different and could be affected by an assortment of potential problems, a detailed recovery plan is impractical. However, in the process of reviewing recovery activities for specific locations, some basic procedures emerge that appear to be common in most cases. 38.7.3 These general procedures should apply to any disaster that affects the delivery of traffic for an extended time period. Each CLEC will be given the same consideration during an outage, and service will be restored as quickly as possible. AT&T TENNESSEE reserves the right to make changes to these procedures as improvements become available or as business conditions dictate. 38.7.4 This plan will cover the basic recovery procedures that would apply to every CLEC.

  • Owner’s Expenses Except as otherwise specifically provided, all costs and expenses incurred hereunder by Manager in fulfilling its duties to Owner shall be for the account of and on behalf of Owner. Such costs and expenses shall include the wages and salaries and other employee-related expenses of all on-site and off-site employees of Manager who are engaged in the operation, management, maintenance and leasing or access control of the Properties, including taxes, insurance and benefits relating to such employees, and legal, travel and other out-of-pocket expenses that are directly related to the management of specific Properties. All costs and expenses for which Owner is responsible under this Management Agreement shall be paid by Manager out of the Account. In the event the Account does not contain sufficient funds to pay all said expenses, Owner shall fund all sums necessary to meet such additional costs and expenses.

  • Advisory and Management Arrangements Subject to the requirements of applicable law as in effect from time to time, the Trustees may in their discretion from time to time enter into advisory, administration or management contracts (including, in each case, one or more sub-advisory, sub-administration or sub-management contracts) whereby the other party to any such contract shall undertake to furnish such advisory, administrative and management services with respect to the Trust as the Trustees shall from time to time consider desirable and all upon such terms and conditions as the Trustees may in their discretion determine. Notwithstanding any provisions of this Declaration, the Trustees may authorize any advisor, administrator or manager (subject to such general or specific instructions as the Trustees may from time to time adopt) to exercise any of the powers of the Trustees, including to effect investment transactions with respect to the assets on behalf of the Trust to the full extent of the power of the Trustees to effect such transactions or may authorize any officer, employee or Trustee to effect such transactions pursuant to recommendations of any such advisor, administrator or manager (and all without further action by the Trustees). Any such investment transaction shall be deemed to have been authorized by all of the Trustees.