Common use of CONTINGENT FEE Clause in Contracts

CONTINGENT FEE. The Construction Manager warrants, by execution of this Preconstruction Services Contract, that no person or selling agency has been employed or retained to solicit or secure this Preconstruction Services Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Construction Manager for the purpose of securing business. For breach or violation of this warranty, the Department has the right to annul this Preconstruction Services Contract without liability, pay only for the value of the work actually performed, or in its discretion, to deduct from the Preconstruction Services Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.