Common use of ADDITIONAL SERVICES OF DESIGN PROFESSIONAL Clause in Contracts

ADDITIONAL SERVICES OF DESIGN PROFESSIONAL. If authorized in writing in advance by OWNER, DESIGN PROFESSIONAL shall furnish or obtain from others Additional Services (hereinafter defined) of the types listed in Article 2 herein. These Additional Services will be paid for by OWNER as indicated in Article 5 and Schedule B. However, if OWNER and DESIGN PROFESSIONAL are unable to agree on a fee and schedule for the requested Additional Services in accordance with Article 5 and Schedule B or if the need to commence performance of the Additional Services is deemed so acute by OWNER as to not allow for sufficient time to negotiate the fee and schedule for performance, DESIGN PROFESSIONAL shall, nevertheless, promptly perform the Additional Services as directed by OWNER in a written directive. In that event, the fee and time for performance of the subject Additional Services shall be determined by OWNER. Without limitation, OWNER may establish a fee based on the basis of DESIGN PROFESSIONAL’s billable rates with a “Not-To Exceed” cap. If DESIGN PROFESSIONAL disagrees with OWNER’s determination, DESIGN PROFESSIONAL may make a claim pursuant to Article 21 of the Agreement within twenty-one

ADDITIONAL SERVICES OF DESIGN PROFESSIONAL. If authorized in writing in advance by OWNER, DESIGN PROFESSIONAL shall furnish or obtain from others Additional Services (hereinafter defined) of the types listed in Article 2 herein. These Additional Services services will be paid for by OWNER as indicated in Article 5 and Schedule B. However, if OWNER and DESIGN PROFESSIONAL are unable to agree on a fee and schedule for the requested Additional Services in accordance with Article 5 and Schedule B or if the need to commence performance of the Additional Services is deemed so acute by OWNER as to not allow for sufficient time to negotiate the fee and schedule for performance, DESIGN PROFESSIONAL shall, nevertheless, promptly perform the Additional Services as directed by OWNER in a written directive. In that event, the fee and time for performance of the subject Additional Services shall be determined by OWNER. Without limitation, OWNER may establish a fee based on the basis of DESIGN PROFESSIONAL’s billable rates with a “Not-To Exceed” cap. If DESIGN PROFESSIONAL disagrees with OWNER’s determination, DESIGN PROFESSIONAL may make a claim pursuant to Article 21 of the Agreement within twenty-oneone (21) days of receipt of OWNER’s determination of the fee and schedule for performance or else be deemed to have waived any claim it might otherwise have had on that matter. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:

ADDITIONAL SERVICES OF DESIGN PROFESSIONAL. 6(PS) If authorized in writing in advance by OWNER, DESIGN PROFESSIONAL shall furnish or obtain from others Additional Services (hereinafter defined) of the types listed in Article 2 herein. These Additional Services services will be paid for by OWNER as indicated in Article 5 and Schedule B. However, if OWNER and DESIGN PROFESSIONAL are unable to agree on a fee and schedule for the requested Additional Services in accordance with Article 5 and Schedule B or if the need to commence performance of the Additional Services is deemed so acute by OWNER as to not allow for sufficient time to negotiate the fee and schedule for performance, DESIGN PROFESSIONAL shall, nevertheless, promptly perform the Additional Services as directed by OWNER in a written directive. In that event, the fee and time for performance of the subject Additional Services shall be determined by OWNER. Without limitation, OWNER may establish a fee based on the basis of DESIGN PROFESSIONAL’s billable rates with a “Not-To Exceed” cap. If DESIGN PROFESSIONAL disagrees with OWNER’s determination, DESIGN PROFESSIONAL may make a claim pursuant to Article 21 of the Agreement within twenty-oneone (21) days of receipt of OWNER’s determination of the fee and schedule for performance or else be deemed to have waived any claim it might otherwise have had on that matter. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: