Compensation for Mandatory Assistance. City will compensate Contractor for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Contractor, its agents, officers, and employees, Contractor shall reimburse City for all fees paid to Contractor, its agents, officers, and employees for Mandatory Assistance.
Compensation for Mandatory Assistance. The City will compensate the Design Professional for fees incurred for providing Mandatory Assistance as Additional Services under Section 3.2. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Design Professional, its agents, officers, and employees, the Design Professional shall reimburse the City. The City is then entitled to reimbursement of all fees paid to the Design Professional, its agents, officers, and employees for Mandatory Assistance.
Compensation for Mandatory Assistance. The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under Section 3.3. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Consultant, its agents, officers, and employees, the Consultant shall reimburse the City. The City is then entitled to reimbursement of all fees paid to the Consultant, its agents, officers, and employees for Mandatory Assistance.
Compensation for Mandatory Assistance. Authority will compensate Consultant for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Consultant, its agents, officers, and employees, Consultant shall reimburse Authority for all fees paid to Consultant, its agents, officers, and employees for Mandatory Assistance.
Compensation for Mandatory Assistance. Authority will compensate Contractor for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Contractor, its agents, officers, and employees, Contractor shall reimburse Authority for all fees paid to Contractor, its agents, officers, and employees for Mandatory Assistance.
Compensation for Mandatory Assistance. City will reimburse Design-Builder for reasonable fees and expenses incurred by Design-Builder for any required assistance rendered in accordance with Subsection 3-7.6, “Mandatory Assistance” as additional services. City in its sole discretion shall determine whether these fees and expenses were necessary due to Design-Builder’s or Subcontractors or their respective agents’, officers’, and employees’ conduct or failure to act. If City determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of Design-Builder’s or Subcontractors or their respective agents’, officers’, and employees’ conduct or failure to act, in part or in whole, City shall be entitled to be reimbursed for any payments made for these fees and expenses.
Compensation for Mandatory Assistance. The Party seeking the assistance of the other Party will reimburse the assisting Party for any fees and expenses incurred for required Mandatory Assistance as Additional Services. The Party seeking the assistance shall, in its sole discretion, determine whether these fees, expenses, and services rendered under this Section, were necessary due to the assisting Party or its agents’, officers’, and employees’ conduct or failure to act. If the Party seeking assistance determines that such fees, expenses, or services were necessary due to the other Party’s or its agents’, officers’, and employees’ conduct, in part or in whole, the Party seeking assistance is entitled to be reimbursed for any payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including either Party’s withholding of payment to the other.
