Compensation for Oversight Services Clause Samples

Compensation for Oversight Services. ‌ (a) Except as otherwise expressly provided in this Agreement, including, without limitation, Section 10.04(b), Section 10.04(c), Section 10.05(g), Section 11.05(a) and Section 24.03, the Department will not be compensated for its Oversight Services, whether in respect of the design, inspection or permitting for the Project, any Project Enhancement or any Safety Compliance Orders.‌ (b) Notwithstanding Section 10.04(a), if at any time the Developer has failed to perform any of its construction, operating or maintenance obligations in any material respect then, in addition to other remedies available pursuant to this Agreement and the other Project Agreements, the Department, with written notice to the Developer given concurrently with the increase in the Department’s monitoring or as soon as practicable thereafter, is entitled to adequately and appropriately increase the level of its monitoring of the Project and the Developer’s compliance with its construction, operation and maintenance obligations pursuant to this Agreement, until such time as the Developer has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its construction, operation and maintenance obligations pursuant to this Agreement. The Developer will compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring from and after the date on which such increased level of monitoring begins, provided, that the Developer will not be required to pay the Department’s Allocable Costs for increased monitoring to the extent that such costs have otherwise been paid by the Developer through liquidated damages for the amounts to be paid by the Developer under this Agreement by the Department.‌ (c) If the Department increases its monitoring or oversight as permitted in this Agreement during the Operating Period, then the Department will give notice of such increased level of monitoring as provided in Section 10.04(b). Within 21 Days following the day on which increased monitoring activities begin, the Department will provide the Developer with a budget for its increased oversight and/or monitoring activities which sets out its total proposed costs in reasonable detail. If there is a change in circumstances in the oversight activities or the events which precipitated them occurs following the submission of the Department’s initial budget, then the Department will provide a revised budget, whi...