Project costs.

§ 609.10 Project costs. (a) Project Costs include: (1) Costs of acquisition, lease, or rental of real property, including engineering fees, surveys, title insurance, recording fees, and legal fees incurred in connection with land acquisition, lease or rental, site improvements, site restoration, access roads, and fencing; (2) Costs of engineering, architectural, legal and bond fees, and insurance paid in connection with construction of the facility; (3) Costs of equipment purchases, including a reasonable reserve of spare parts to the extent required; (4) Costs to provide facilities and services related to safety and environmental protection; (5) Costs of financial, legal, and other professional services, including services necessary to obtain required licenses and permits and to prepare environmental reports and data; (6) Costs of issuing Eligible Project debt, such as fees, transaction, and costs referred to in paragraph (a)(5) of this section, and other customary charges imposed by Eligible Lenders; (7) Costs of necessary and appropriate insurance and bonds of all types including letters of credit and any collateral required therefor; (8) Costs of design, engineering, startup, commissioning, and shakedown; (9) Costs of obtaining licenses to intellectual property necessary to design, construct, and operate the Eligible Project; (10) To the extent required by the Loan Guarantee Agreement and not intended or available for any cost referred to in paragraph (b) of this section, costs of funding any reserve fund, including without limitation, a debt service reserve, a maintenance reserve, and a contingency reserve for cost overruns during construction; provided that proceeds of a Guaranteed Loan deposited to any reserve fund shall not be removed from such fund except to pay Project Costs, to pay principal of the Guaranteed Loan, or otherwise to be used as provided in the Loan Guarantee Agreement; (11) Capitalized interest necessary to meet market requirements and other carrying costs during construction; and (12) Other necessary and reasonable costs, including, without limitation, previously acquired real estate, equipment, or other materials, and any engineering, construction, make-ready, design, permitting, or other work completed on an existing facility or project. (b) Project Costs do not include: (1) Fees and commissions charged to Borrower, including finder's fees, for obtaining Federal or other funds; (2) Parent corporation or other affiliated entity's general and administrative expenses, and non–Eligible Project related parent corporation or affiliated entity assessments, including organizational expenses; (3) Goodwill, franchise, trade, or brand name costs; (4) Dividends and profit sharing to stockholders, employees, and officers; (5) Research, development, and demonstration costs of readying an innovative technology for employment in a commercial project; (6) Costs that are excessive or are not directly required to carry out the Eligible Project, as determined by DOE; (7) Expenses incurred after startup, commissioning, and shakedown of the facility, or, in DOE's discretion, any portion of the facility that has completed startup, commissioning, and shakedown; (8) Borrower-paid Credit Subsidy Costs, the Administrative Cost of Issuing a Loan Guarantee, and any other fee collected by DOE; and (9) Operating costs.