NOT-TO- EXCEED FEE Clause Samples
A Not to Exceed Fee clause sets a maximum limit on the total amount a client is required to pay for services or work performed under a contract. In practice, this means that even if the actual costs or hours worked exceed the agreed-upon cap, the service provider cannot bill the client beyond this specified amount. This clause is commonly used in professional services agreements to provide budget certainty and protect clients from unexpected cost overruns, ensuring that financial risk is limited and clearly defined.
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NOT-TO- EXCEED FEE. 2.1 Except for the additional compensation for finally completing the Basic Scope of Services described in this Agreement, Consultant and County acknowledge the fact that the not-to-exceed fee set forth under Section 1.1 above is the total costs of services to be rendered under this Agreement for the Basic Scope of Services. Consultant shall only be entitled to compensation for the actual work performed.
NOT-TO- EXCEED FEE. Professional agrees to provide all Professional Services required to complete the Scope of Services defined in the attached Attachment A and the District agrees to pay a fee as follows: ❑ not to exceed AND /100 DOLLARS ($ ) for such basic services. Billing shall be based upon the Hourly Fees and Unit Prices contained in the Scope of Work attached to this RWO as Attachment B and Attachment B-1. ❑ a fixed fee of AND /100 DOLLARS ($ ) payable upon completion of the Scope of Services to the District’s satisfaction. ❑ a fixed fee of AND /100 DOLLARS ($ ) payable as follows:
NOT-TO- EXCEED FEE. The not-to-exceed fee for the above geotechnical scope of services is $22,500 as summarized below and would not be exceeded without written authorization. Drilling Subcontractor (Mobilization, Equipment, Supplies, Patching) $5,000 RWG&A Field Services (Contact DigSafe, Observe Drilling, Mileage, Tolls, Supplies, Field CBR Equipment) $2,800 Maine-Certified Soil Scientist and Excavator $1,200 RWG&A Laboratory Testing $10,500 Engineering Evaluations and Report Preparation $3,000 The above fee excludes an allowance to locate private underground utilities or for standby due to weather or site access conditions, other than as described above. The estimated fee also excludes time to attend project meetings or to prepare construction drawings and specifications. RWG&A’s services would be charged on a time and expense basis using the unit rates detailed on Table I, attached.
NOT-TO- EXCEED FEE. If the SOW lists a price for a particular service or deliverable on a not-to-exceed basis, the service or deliverable shall be provided on a time-and-material basis (including reimbursable expenses) for not more than the specified maximum aggregate amount. ABGIL shall not be liable for any additional charges if Contractor’s actual costs and reimbursable expenses for such service or deliverable exceed the not-to-exceed fee.