CONSULTANT’S COMPENSATION. Consultant’s Compensation means the fees and expenses incurred directly in connection with the performance or furnishing of Basic and Additional Services for which the Owner shall pay the Consultant as indicated in Exhibit A.
CONSULTANT’S COMPENSATION. 3.1. The method of payment for this Contract is payment by installments. Total compensation for the services performed shall not exceed $112,270.00, unless otherwise authorized by City. This fee includes an allowance of $500.00 for reimbursable expenses, which in no event will ever be more than actual cost.
3.2. Payment for this Contract shall be based on the following Budget Schedule: Design Services Lump Sum $67,220.00 Sub-Consultant Services Hourly not to Exceed $36,350.00 Sub-Consultant Services Hourly not to Exceed $8,200.00 Subtotal Task Amount: $111,770.00 Reimbursable Expenses Not to Exceed $500.00 Subtotal Allowances Amount: $500.00 Total Compensation Not to Exceed: $112,270.00
3.3. City shall pay Consultant by installments, each installment based upon monthly progress reports and related, detailed invoices submitted by Consultant. Submittals shall be based on the Budget Schedule and shall include supporting documentation for all Allowances. If Budget Schedule includes an Allowance for reimbursable expenses, in no event will payment exceed actual cost. Invoices shall include job titles and hourly rates when applicable. Hourly rates are established in the attached Exhibit “A” incorporated hereby by this reference and are in effect for the entire Contract term unless City provides written authorization for an hourly rate increase. Consultant shall not exceed any of the specified budget amounts for any Task or Allowance without prior written authorization from City. City may provide written authorization for the transfer of budget amounts between any of the Tasks or Allowances provided the total Contract amount does not exceed the amount indicated in Section 3.1.
3.4. If detailed invoice(s) and progress report(s) are approved by City, installment payments will be made within 30 calendar days after City’s approval.
3.5. Consultant acknowledges and agrees that invoices shall be submitted to City for review and approval no more than 60 calendar days after work or services have been performed. City reserves the right to deny in whole or in part, payment to Consultant, including but not limited to, fees and expenses contained in any invoice not received by the City within 60 calendar days of the date such work or services were performed. This in no way shall be construed to waive or diminish City’s rights and remedies for otherwise withholding funds under Arizona law.
CONSULTANT’S COMPENSATION is the Shares identified herein. The parties agree the value of the Shares will be calculated based on the average price as quoted on the OTCBB. Consultant is responsible for all income taxes.
CONSULTANT’S COMPENSATION. 3.1. Payment for this Contract shall be based on hourly rates established in the attached Fee Schedule Exhibit “A” incorporated hereby by this reference. Total compensation for the services performed shall not exceed $200,000.00, unless otherwise authorized by City in its sole discretion.
3.2. Consultant shall prepare and submit a detailed cost estimate for each project for review and acceptance by City prior to the start of work. City shall pay Consultant by installments, each installment based upon monthly progress reports and related, detailed invoices submitted by Consultant. If detailed invoice(s) and progress report(s) are approved by City, installment payments will be made within thirty (30) days after City’s approval. Consultant acknowledges and agrees that invoices shall be submitted to City for review and approval no more than sixty (60) days after work or services have been performed. City reserves the right to deny in whole or in part, payment to Consultant, including but not limited to, fees and expenses contained in any invoice not received by the City within sixty (60) days of the date such work or services were performed. This in no way shall be construed to waive or diminish City’s rights and remedies for otherwise withholding funds under Arizona law.
CONSULTANT’S COMPENSATION. 4.1 The Company shall pay Consultant a fee of $500.00 for each month or partial month this Agreement has been in effect, providing that such payment shall be paid, as accrued, at the closing of the Interim Financing and then continuing through the closing of the Second and Third Stage Financings, as described in Exhibit "A," by the Consultant. Upon the closing of any Third Round of Financing, the fee of $500.00 will be increased to $1,000.00 per month will be extended for an additional 36 months, for duties to be mutually agreed upon by the parties.
4.2 The Company agrees to issue the Consultant 500,000 shares at a value of $0.01 per share if the Company's market capitalization achieves the value of $100,000,000.00 or more. The Company agrees to issue the Consultant an additional 500,000 shares a' a value of $0.01 per share if the Company's market capitalization achieves the value of $200,000,000.00 or more. These shares will be issued by the company as restricted shares at a value of $0.01 per share and will be granted "piggy- back" rights so that the shares will be registered upon the Company's first registration after the share's issuance.
4.3 The Company agrees that it shall reimburse Consultant for reasonable, out-of-pocket expenses incurred by Consultant in performing the services provided pursuant to this Agreement, provided that such out-of-pocket expense reimbursement shall not exceed $3,000 in any calendar month or partial month, and provided that any expenses in excess of $500 ill any calendar month shall require advance approval by the Company. Such reimbursement shall be paid upon the within 15 days of the Company's receipt of the Consultant's invoice. Such reimbursement may be claimed for any month commencing with the signing of this Agreement and monthly thereafter to the date of each closing, payable within 15 days of receipt.
4.4 If he Consultant is unsuccessful in introducing investors to the Company (either directly or through a broker) who would be willing to fund the Financings contemplated in Exhibit "A" within the time periods set forth, this Agreement may be terminated at the Company's discretion, unless otherwise extended by mutual consent. Such consent will be implied should the Company be in or continue negotiation with investors which should reasonably result in successful Financing or should the Company accept funds from one of the sources introduced to the Company by the Consultant during this period. Following termination, ho...
CONSULTANT’S COMPENSATION. (A) Except as described below with reference to certain of the services described above, which are to be completed within the initial 365 days of this Agreement:
(1) Yankees will xxxx at its standard hourly rates for all work as to which a prior written arrangement with different terms has not been entered into, however, no hourly billable services will be provided except at Client's specific request.
(2) Any documents prepared by Yankees or provided to Client's advisors, at Client's request, on existing forms will be subject to a $50 per page initial licensing fee augmented by the time spent in personalizing the subject form.
(B) Notwithstanding the provisions of Section 1.4(a) above, during the first 365 days of this Agreement (the "Initial Term"), Yankees will accept and Client will pay to Yankees:
(1) Options (the "Class A Options") to purchase shares of Client's outstanding or reserved common stock (all reserved common stock being treated as outstanding for purposes of such calculation), on the following terms (the"Stock Signing Fee."):
(a) The quantity of Client common stock subject to the Class A Options shall be equal to 10% of Client's outstanding or reserved common stock, immediately following complete exercise of all the Class A Options;
(b) The Class A Option term will commence on the 60th day after execution of this Agreement and will terminate at the close of business on the 45th business day after the Class A Options and the shares of common stock into which they can be exercised are registered for sale to the public under applicable federal and state securities laws, however, Yankees shall have the option of exercising the Class A Options prior to such registration at a 50% discount from the otherwise applicable exercise price, subject to the resale restrictions imposed by SEC Rule 144, but subject to the piggy back and registration provisions, as reflected in the form of warrant agreement annexed hereto and made a part hereof as composite exhibit 1.4(B), which form shall constitute the basis for and terms of the Class A Options, other than as specifically modified hereby.
(c) The exercise price of the Class A Options will be based on the number of shares outstanding at the time of exercise, pro rated in accordance with the following formula: in the event that an aggregate of 6,000,000 shares of capital stock are outstanding or reserved for future issuance under reasonably definable terms (e.g. options, warrants, pending acquisitions, oblig...
CONSULTANT’S COMPENSATION. District will compensate Consultant for services performed and for expenses incurred pursuant to this Agreement as follows:
CONSULTANT’S COMPENSATION. In consideration for Consultant providing the services noted above, the Client agrees to compensate the Consultant as follows:
CONSULTANT’S COMPENSATION. SPECIFIC RATES
a. The method of compensation for this Contract is Specific Rates of Compensation. Specific Rates of Compensation is defined as agreed upon hourly rates of labor plus reimbursement for other direct costs.
b. The State shall pay the Consultant in monthly installments based upon Progress and Final Payment Reports submitted by the Consultant in ADOT'S format and in accordance with the specific rates price schedule in this Contract.
c. The specific Billing Rates constitute compensation for all direct and indirect cost associated with the labor for this Contract, plus profit.
d. Direct Expenses shall be separately approved in advance by the State. Examples of direct expenses are travel, meals or other mutually agreed-upon expenses of a non-routine nature, which are attributed directly to this Contract.
e. Costs shall be identified separately for each project (TRACS). Costs for each category shall not exceed the amounts budgeted for those specific categories during the Contract timeframe without prior written approval by the State. The Consultant shall report the cost, in the format provided at xxxx://xxx.xxxxx.xxx/business/engineering-consultants/FormsandTemplates, as of the date of the Payment Report.
f. The State shall not withhold retention on progress payments. However, if satisfactory progress has not been made, the State may first retain a maximum of 10% of the current and subsequent xxxxxxxx, or second, the State may refuse to make full progress payment(s) of such sums which are considered unnecessary.
g. The State may, at any time, require an audit of the Consultant’s records. This may also include an examination of the records of all Subconsultants involved in the project and this Contract.
h. Specific Rate contracts shall not be subject to audit except on a sample bases to determine the efficiency of ADOT negotiation process for its own internal control purposes.
CONSULTANT’S COMPENSATION. LUMP SUM BY TASK ORDER
1. The method of compensation for this Contract is Lump Sum by Task Order (LSTO). Costs shall be derived from the rates as shown in this Contract. The total compensation for the work performed shall not exceed the sum of $0.00 plus any adjustments approved by the Department. The Negotiated Overhead rate of % has been established for this Contract. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for all redetermination of costs. The total compensation for the work performed shall not exceed the sum of $0.00 plus any adjustments approved by the Department. The Negotiated Provisional Overhead rate shall be set at % and is subject to change pending the receipt of the Pre-Award Review. Upon receipt of the Pre-award Review, a Contract Modification shall be executed to establish the Negotiated Overhead for this Contract. A one-time redetermination adjustment in the total amount paid or to be paid on all payment reports shall be made to reflect the established Negotiated Overhead rate and any resulting additional payments, refunds, or credits shall be made promptly. At each renewal year(s) of the Contract, if new Negotiated Overhead rates have been provided to and approved by ADOT Office of Audit & Analysis, a Contract Modification shall be executed to revise the Negotiated Overhead rate. The Contract Modification execution date shall be the effective date for determination of costs.
