Fee Caps Clause Samples
A Fee Caps clause sets a maximum limit on the amount of fees that can be charged under an agreement. This clause typically applies to service fees, legal fees, or other costs, ensuring that the total charges do not exceed a predetermined threshold regardless of the actual expenses incurred. By establishing a clear upper boundary for fees, the clause provides financial predictability and protects parties from unexpected or excessive costs.
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Fee Caps. The Debtors shall not pay, have paid or make any agreement to pay, the following professional firms’ fees in excess of the following amounts incurred by such professional firm solely in the months of October, November, and December 2014 (the “Fee Capped Months”): (i) ▇▇▇▇▇ ▇▇▇▇▇ L.L.P., $1,793,000 aggregate fees incurred during the Fee Capped Months; (ii) ▇▇▇▇▇▇▇▇▇ Traurig LLP, $743,000 aggregate fees incurred during the Fee Capped Months; (iii) Opportune, the Debtors’ current projected aggregate fees for Opportune incurred in the Fee Capped Months less $57,000 incurred during the month of December; (iv) the Ad Hoc Counsel, the Debtors’ current projected aggregate fees for the Ad Hoc Counsel incurred in the Fee Capped Months less $182,000; (v) ▇▇▇▇▇▇▇ & Marsal North America, LLC, the Debtors’ current projected aggregate fees for ▇▇▇▇▇▇▇ & Marsal North America, LLC incurred in the Fee Capped Months less $232,000; (vi) Rothschild Inc., the Debtors’ current projected aggregate fees for Rothschild Inc. incurred in the Fee Capped Months less $157,000, which shall be taken as a deduction from the completion fee in Rothschild’s engagement letter, which deduction shall be acknowledged by Rothschild in a notice filed with the Bankruptcy Court within a reasonable time after September 23, 2014; and (vii) Lazard Frères & Co. LLC and Lazard Middle Market LLC, the Debtors’ current projected aggregate fees for Rothschild Inc. incurred in the Fee Capped Months less $69,500, which shall be taken as a deduction from the “success” or “completion” fee in Lazard Frères & Co. LLC and Lazard Middle Market LLC’s engagement letter and which deduction shall be acknowledged by Lazard Frères & Co. LLC and Lazard Middle Market LLC in a notice filed with the Bankruptcy Court within a reasonable time after September 23, 2014 (all such amounts, collectively, the “Professional Fee Caps”); provided, however, that the Debtors’ professionals and the Committee’s professionals may exceed such fee caps if and to the extent they or their respective clients make a good faith determination that the incurrence of such additional fees is consistent with the applicable professional responsibilities of such professional or the fiduciary duties of their clients; provided, further, that in such event, the Debtors, the Committee or their respective professionals, as the case may be, make such determination, the Debtors shall provide the Investors notice of such event as soon as reasonably practicable. Fo...
Fee Caps. 1. In accordance with ONR ManTech Fee Policy, Task Orders issued under this Agreement are subject to the following fixed fee caps: ManTech Projects 7.0% Mega Rapid Response and Special Projects 7.0% Rapid Response Projects 1.0%
2. All fixed fee percentages identified above represent the maximum fee that shall be applied by the Subcontractor to proposed allowable costs less Facilities Capital Cost of Money (FCCM) and cost for equipment purchases for each Task Order issued under this Agreement.
Fee Caps. The Task Order process shall be used in accordance with clauses 2.3 and 8.1 and Schedule 8 of the Agreement to determine the budget and applicable fee associated with each Task Order. No Services shall proceed without a mutually agreed and executed Task Order. The fee caps for each of the Work Packages performed under the Agreement are indicated in the table below (the “Fee Caps”). ________________________________ * *[Redacted]* indicates confidential information that has been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential information has been submitted separately to the U.S. Securities and Exchange Commission. The Fee Caps constitute a ceiling that shall not, without the prior written consent of FANR, be exceeded (excluding pre-approved travel costs, per diems and other pre-approved expenses, but inclusive of any discounts). FANR may only authorize increases to the Fee Caps (1) as mutually agreed via negotiated budgets, or (2) based on the performance of Supplementary Services. Further, as noted in clause 8.4 of the Agreement, FANR may review the actual and projected scope of Services to be performed under the Agreement to ensure that the resources meet FANR’s requirements. If FANR determines that more or fewer resources are required, the Parties will mutually agree on equitable adjustments to the Fees payable hereunder to reflect the necessary adjustments. For the avoidance of doubt; if any such, equitable adjustment is agreed between the Parties, the Fee Caps set forth above in this Schedule 4 shall he subject to corresponding equitable adjustment.