Compensation; Maximum Compensation Amount. Compensation for Products and Services during the Term shall be payable in accordance with the Schedule of Compensation to be attached to this Agreement and incorporated herein as Exhibit B (the “Schedule of Compensation”). Prices shall be based on labor categories as set forth in the Schedule of Compensation for the Term and, if the Board elects to exercise any Renewal option, will be determined by the Board and will be capped for any such Renewal Term at the labor category hourly rates set forth in the Schedule of Compensation. There will be no reimbursable expenses. The aggregate maximum compensation payable to Vendor for Services during the Term shall not exceed two hundred and fifty thousand dollars ($250,000.00) (the "Maximum Compensation Amount”). Vendor agrees not to perform, and waives any and all claims for payment of Products and Services that would result in xxxxxxxx, beyond the above referenced not-to-exceed amount unless the parties have executed a written amendment authorizing such additional work and the payment thereof signed by both parties. The Board shall not reimburse for any expenses. It is understood and agreed that the Maximum Compensation Amount referenced hereinabove is a 'not-to-exceed amount' and is not a guaranteed payment. Compensation shall be based on actual Products delivered and Services performed during the Term of this Agreement and the Board shall not be obligated to pay for any Products or Services not in compliance with this Agreement. In the event the Agreement is terminated early, the Board shall only be obligated to pay the fees incurred up to the effective date of termination and Vendor shall promptly refund to the Board any payments received for Products and Services not provided. If Vendor overcharges, in addition to all other remedies, the Board shall be entitled to a refund in the amount of the overcharge, plus interest at the rate of 3% per month from the date the overcharge was paid by the Board until the date refund is made. The Board has the right to offset any overcharge against any amounts due to Vendor under this or any other agreement between Vendor and the Board.
Compensation; Maximum Compensation Amount. Provider shall be paid in accordance with the fees and costs set forth in the Schedule of Compensation attached and incorporated as part of this Agreement as Exhibit B. The maximum compensation payable to Vendor in for Products and Services during the Term shall not exceed the aggregate amount set forth in the authorizing Board Rexhibiteport as referenced on the signature page of the Agreement (the "Maximum Compensation Amount”), as may be amended. It is understood and agreed that the Maximum Compensation Amount is a 'not-to-exceed amount' and is not a guaranteed payment. Compensation shall be based on actual Products and Services provided during the Term of this Agreement according to the pricing provided in the Pricing Lists, and the Board shall not be obligated to pay for any Products and Services or other deliverables not in compliance with this Agreement. No expenses shall be reimbursed under this Agreement. In the event the Agreement is terminated early, the Board shall only be obligated to pay the fees incurred up to the effective date of termination and Provider shall promptly refund to the Board any payment received for Products, Services and deliverables not provided. It is understood and agreed that the Maximum Compensation Amount referenced hereinabove is a 'not-to-exceed amount' and is not a guaranteed payment.
