Not to Exceed Amount. The Agreement amount is considered to be a Not-to-Exceed amount, which amount shall be the maximum amount payable and shall not be exceeded unless adjusted by a Supplemental Agreement.
Not to Exceed Amount. Design Builder guarantees that during Phase 1, Design Builder’s Compensation shall not exceed the Phase 1 Not to Exceed Amount (“Phase 1 NTE”) of Dollars ($ ). Design Builder agrees that it will be responsible for paying all costs of completing the Phase 1 Work which exceed the Phase 1 NTE and shall not seek reimbursement from the Owner/DES for any costs that exceed the Phase 1 NTE, as adjusted in accordance with the Contract Documents including by written Change Order.
Not to Exceed Amount. Following execution of this Agreement by the Parties, the Contractor shall be authorized to and shall commence performance of the Services as described in Exhibit A, subject to the requirements and limitations on compensation as provided by this Section IV and its subsections. Compensation to be paid hereunder shall not exceed Two Hundred Fifty Thousand dollars and no/100 ($ 250,000.00) (“Not-to-Exceed Amount”) unless a larger amount is agreed to by and between the Parties in accordance with the amendment requirements of this Agreement. Notwithstanding the amount specified in this Section, Contractor shall be paid only for work performed. Contractor shall not be paid until tasks identified in the Scope of Services are performed to the satisfaction of the City. In consideration for the completion of the Scope of Services by Contractor, the City shall pay Contractor as follows: If this box is checked, the City shall pay Contractor on a time and materials basis in accordance with the rate schedule shown in Exhibit B. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the City for such fees, costs and expenses. Final payment may be requested by the Contractor upon completion and the City’s acceptance of all work or Services as set forth in Exhibit A. If this box is checked, the City shall pay the Contractor the Not-to-Exceed Amount in a single lump sum payment on [insert date here] .
Not to Exceed Amount. Vendor shall not charge Fees in excess of the Not-to-Exceed Amount, which is $_________ for _________. Vendor is not obligated to provide Services under this MSA to the extent the Fees for such Services would exceed the Not-to-Exceed Amount for the then-applicable Initial Term or Optional Renewal Term if (i) it has complied with the two following paragraphs, and (ii) it notifies USAC immediately when the Not-to-Exceed Amount has been reached. If USAC notifies Vendor in writing that the Not-to-Exceed Amount has been increased and specifies the amount of the new Not-to-Exceed Amount, Vendor shall immediately resume providing the Services; provided that Vendor shall have the same right (subject to the same conditions) if the new Not-to-Exceed Amount is reached.
Not to Exceed Amount. 26 A. The Total Not to Exceed Amount of COUNTY for services provided in accordance with this 27 Contract, and the separate Not to Exceed Amounts for each period under this Contract, are as specified in 28 the Referenced Contract Provisions of this Contract, except as allowed for in Subparagraph B. below.
Not to Exceed Amount. 1 A. The Total Not to Exceed Amount of COUNTY for services provided in accordance with this 3 the Referenced Contract Provisions of this Contract, except as allowed for in Subparagraph B. below.
Not to Exceed Amount. In no event shall the maximum aggregate amount of Maintenance Invoices in any calendar year exceed (i) the estimated amount contained in the Approved Maintenance Plan, and (ii) additional funds, if any, paid directly by the Railroads to ACTA pursuant to the terms of the Operating Agreement and/or a separate agreement among ACTA, the Railroad(s) and the Owner, without the prior written approval of ACTA, the Owner and the Railroads.
Not to Exceed Amount. The second sentence of Section IV.A. of the Agreement is hereby amended to read in full as follows:
Not to Exceed Amount. [ . . .] Compensation to be paid hereunder shall not exceed Seven Hundred Ninety-Nine Thousand Dollars and No Cents ($799,000.00) (“Not- to-Exceed Amount”) unless a larger amount is agreed to by and between the Parties in accordance with the amendment requirements of this Agreement. [. . .]
Not to Exceed Amount. Depending on Consultant performance, need and available funding, the aggregate maximum NTE compensation for all WOCs under this PA may be amended to add up to an additional $5,000,000, for an aggregate maximum NTE total of $9,500,000
