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Costs and Expenses Clause Examples

Costs and Expenses clause defines financial responsibilities, ensuring transparency in cost-sharing and preventing disputes over contract-related expenses.

9 examplesSourced from SEC EDGAR

Costs and Expenses Clause Overview

A costs and expenses clause allocates who pays for costs connected to the deal itself, such as legal fees, due diligence, and filing fees, as distinct from the ongoing performance of the contract.

It's included so that transaction costs don't become a surprise or a dispute after the fact. Parties typically agree upfront whether each side bears its own costs or whether one side reimburses the other.

Check whether it covers only costs up to signing or also costs tied to closing conditions and post-signing cooperation, and whether there's a cap or a carve-out for costs caused by one party's own breach or delay. Some agreements also carry a separate, general expenses clause; the two are worth reading together.

Sample Clauses - Costs and Expenses

Rocket Companies, Inc.Lease Amendment23-Jun-20MIMortgage Bankers
Tenant shall be responsible for the reasonable costs and expenses of fabricating, installing and removing such signs and sign panel. In addition, Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord for the maintenance, operation and repair of the signs.
Acasti Pharma Inc.Form F-129-Sep-17QCPharmaceutical Preparations
Our operations, and those of our suppliers, third party manufacturers and other contractors and consultants could be subject to earthquakes, power shortages, telecommunications failures, water shortages, floods, hurricanes, typhoons, fires, extreme weather conditions, medical epidemics and other natural or man-made disasters or business interruptions. The occurrence of any of these business disruptions could seriously harm our operations and financial condition and increase our costs and expenses.
Vencor IncMerger Agreement21-Dec-17DENursing & Personal Care
Each of Parent, HospitalCo Parent and the Company shall bear its own costs and expenses incurred in connection with such filings; provided that Parent shall cause Merger Sub to pay any filing fees and associated costs for third party consultants or counsel in connection therewith.
4Front Ventures Corp.Termination Agreement07-Apr-21ILMedicinal Products
Except as contemplated by Section 8.9 below, each Party shall bear its own costs and expenses in connection with the execution and delivery of this Agreement and the performance hereof.
4Front Ventures Corp.Management Agreement07-Apr-21ILMedicinal Products
Manager shall be responsible for all costs and expenses necessary to operate and manage the Business and perform the Management Services as outlined in Schedule A, including, without limitation, all materials, inventory, equipment, vehicles, phones, computers and labor.
Aerohive Networks, IncClass Action Complaint30-Jul-19CAComputer Integrated Systems
Awarding Plaintiff and the Class their reasonable costs and expenses incurred in this action, including counsel fees and expert fees.
Alfi, Inc.Employment Agreement02-Mar-21DEComputer Programming
In the event of any contest or dispute relating to this Agreement or the termination of Executive's employment hereunder, each of the parties shall bear its own costs and expenses.
Alibaba GroupCommercial Agreement02-Feb-18KYBusiness Services
Except as expressly set forth in this Agreement, each Party shall be solely responsible for all costs and expenses incurred by it in connection with providing or receiving the Services.
Bioceres S.A.Letter Agreement30-Oct-17ARAgricultural Chemicals
Each Party will pay its respective costs and expenses in connection with the negotiation, preparation, execution and implementation by each Party of the present Letter Agreement and of the final documentation and other arrangements contemplated under the present Letter Agreement.

All clause examples are sourced from publicly available SEC EDGAR filings. These clauses are provided for educational and reference purposes only and do not constitute legal advice. Always consult a qualified attorney before using any clause in your contracts.

Frequently Asked Questions

What is the Costs and Expenses clause?
Costs and Expenses clause defines financial responsibilities, ensuring transparency in cost-sharing and preventing disputes over contract-related expenses.
When would a contract include the Costs and Expenses clause?
Parties typically add a clause like this when the underlying issue is important enough that they want the agreement itself to state a clear, negotiated position, rather than leaving it to interpretation, industry custom, or whatever default rule would otherwise apply. How specific the wording gets usually reflects how much this point mattered in negotiation.
What should I watch for when reviewing the Costs and Expenses clause?
Wording for this type of clause varies a lot between contracts, scope, triggering conditions, exceptions, and any related defined terms are often heavily negotiated. When reviewing one, compare it against your own priorities rather than assuming a standard or "market" version applies, and check how it interacts with other clauses in the same agreement.
Is this clause legally required, and can I just copy an example into my contract?
Whether a clause like this is needed, and exactly how it should be worded, depends on the contract, the industry, and the laws that apply to that specific agreement. The examples on this page are for general education and reference, not legal advice, so for a contract you intend to sign, have the specific language reviewed by a qualified lawyer.

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