Common use of CONTRACT FEE Clause in Contracts

CONTRACT FEE. The maximum total cumulative fee allowed the Claims Analyst under this contract shall not exceed Five Hundred Thousand Dollars ($500,000.00). When approximately 75% of the fee set forth in this article has been expended, the Claims Analyst shall notify the State in writing of the amount of work completed to that date under this contract. Said notification shall include an itemization of all fees that have been paid to the Claims Analyst pursuant to the work. The Claims Analyst shall not be reimbursed for per diem expenses or travel expenses. If at any time during the term of any project assigned under this contract the State should require the Claims Analyst to make any substantial change in the size or scope of the work that shall necessitate the Claims Analyst to do substantial work, then and in such event, the Claims Analyst shall prepare additional documents and make changes as required and shall be entitled to fair and equitable compensation therefor. The Commissioner of DAS, hereinafter referred to as the "Commissioner," shall determine the amount of such compensation and the manner of payment thereof. Hourly rates used for any task assigned under this contract shall remain unchanged for the term of this contract. In addition, if at any time during the term of this contract the State should request the Claims Analyst to reduce the scope of services originally agreed upon for any task assigned under this contract, the Claims Analyst shall then reduce said scope of services, as requested, and the Claims Analyst's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner. The Claims Analyst shall be entitled to a payment of Ten Dollars ($10.00) at the termination of this contract if at such time the Claims Analyst has not received any fee under this contract. 248 Claims Analyst On-call PAGE 1 OF 13 CORE CT No. _20DAS3016AA DocuSign Envelope ID: AF8B62FE-AC55-4C8E-8EE8-B062AF768299 For the services and deliverables specified in a task letter, the Consultant shall be paid a fee based on the classification and hourly rate of personnel as shown in Exhibit A entitled "Hourly Rate Schedule." Said Exhibit A is attached hereto and made a part hereof. In addition to providing the hours of services and fee of any particular employee on any particular job, the Consultant shall make available upon request appropriate information to verify the actual burden, fringe, and overhead rates. The State reserves the right to audit these data.

CONTRACT FEE. The maximum total cumulative fee allowed the Claims Analyst under this contract shall not exceed Five Hundred Thousand Dollars ($500,000.00). When approximately 75% of the fee set forth in this article has been expended, the Claims Analyst shall notify the State in writing of the amount of work completed to that date under this contract. Said notification shall include an itemization of all fees that have been paid to the Claims Analyst pursuant to the work. The Claims Analyst shall not be reimbursed for per diem expenses or travel expenses. If at any time during the term of any project assigned under this contract the State should require the Claims Analyst to make any substantial change in the size or scope of the work that shall necessitate the Claims Analyst to do substantial work, then and in such event, the Claims Analyst shall prepare additional documents and make changes as required and shall be entitled to fair and equitable compensation therefor. The Commissioner of DAS, hereinafter referred to as the "Commissioner," shall determine the amount of such compensation and the manner of payment thereof. Hourly rates used for any task assigned under this contract shall remain unchanged for the term of this contract. In addition, if at any time during the term of this contract the State should request the Claims Analyst to reduce the scope of services originally agreed upon for any task assigned under this contract, the Claims Analyst shall then reduce said scope of services, as requested, and the Claims Analyst's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner. The Claims Analyst shall be entitled to a payment of Ten Dollars ($10.00) at the termination of this contract if at such time the Claims Analyst has not received any fee under this contract. 248 Claims Analyst On-call PAGE 1 OF 13 CORE CT No. _20DAS3016AA 20DAS3018AA DocuSign Envelope ID: AF8B62FE0519B05F-1DAB-4759-AC55AB27-4C8E-8EE8-B062AF768299 F6FAC66DB663 For the services and deliverables specified in a task letter, the Consultant shall be paid a fee based on the classification and hourly rate of personnel as shown in Exhibit A entitled "Hourly Rate Schedule." Said Exhibit A is attached hereto and made a part hereof. In addition to providing the hours of services and fee of any particular employee on any particular job, the Consultant shall make available upon request appropriate information to verify the actual burden, fringe, and overhead rates. The State reserves the right to audit these data.

CONTRACT FEE. The maximum total cumulative fee allowed the Claims Analyst under this contract shall not exceed Five Hundred Thousand Dollars ($500,000.00). When approximately 75% of the fee set forth in this article has been expended, the Claims Analyst shall notify the State in writing of the amount of work completed to that date under this contract. Said notification shall include an itemization of all fees that have been paid to the Claims Analyst pursuant to the work. The Claims Analyst shall not be reimbursed for per diem expenses or travel expenses. If at any time during the term of any project assigned under this contract the State should require the Claims Analyst to make any substantial change in the size or scope of the work that shall necessitate the Claims Analyst to do substantial work, then and in such event, the Claims Analyst shall prepare additional documents and make changes as required and shall be entitled to fair and equitable compensation therefor. The Commissioner of DAS, hereinafter referred to as the "Commissioner," shall determine the amount of such compensation and the manner of payment thereof. Hourly rates used for any task assigned under this contract shall remain unchanged for the term of this contract. In addition, if at any time during the term of this contract the State should request the Claims Analyst to reduce the scope of services originally agreed upon for any task assigned under this contract, the Claims Analyst shall then reduce said scope of services, as requested, and the Claims Analyst's fee for such project shall be reduced by a fair and equitable amount determined by the Commissioner. The Claims Analyst shall be entitled to a payment of Ten Dollars ($10.00) at the termination of this contract if at such time the Claims Analyst has not received any fee under this contract. 248 Claims Analyst On-call PAGE 1 OF 13 CORE CT No. _20DAS3016AA 20DAS3009AA DocuSign Envelope ID: AF8B62FE7010A46F-AC55C303-4C8E-8EE846E1-B062AF768299 B368-81A4F213A046 For the services and deliverables specified in a task letter, the Consultant shall be paid a fee based on the classification and hourly rate of personnel as shown in Exhibit A entitled "Hourly Rate Schedule." Said Exhibit A is attached hereto and made a part hereof. In addition to providing the hours of services and fee of any particular employee on any particular job, the Consultant shall make available upon request appropriate information to verify the actual burden, fringe, and overhead rates. The State reserves the right to audit these data.

CONTRACT FEE. The maximum total cumulative fee allowed the Claims Analyst under this contract shall not exceed Five Hundred Thousand Dollars ($500,000.00). When approximately 75% 3.1 In consideration of the fee set forth performance by imagic of its obligations under Article II hereof, NBTel and 506 shall make payments to imagic in this article has been expendedthe amounts invoiced by imagic to NBTel and 506 for expenditures made, or to be made, by imagic to conduct the Claims Analyst research and development work herein. imagic shall notify deliver single invoices in the State joint names of NBTel and 506. NBTel and 506 shall each be responsible for payment of one half of all such invoice amounts provided that neither NBTel or 506 shall be liable for payments in writing excess of one half of the amount Contract Fee. All payments are due thirty (30) days after receipt of work completed invoices by NBTel and 506. For greater certainty it is acknowledged and agreed that the amounts invoiced by imagic to that date under NBTel and 506 shall be based on actual costs incurred by imagic and shall not, in the aggregate, exceed the Contract Fee. 3.2 Notwithstanding any other provision of this contract. Said notification shall include an itemization Agreement, any duties, obligations or liabilities of all fees that have been paid to the Claims Analyst each of NBTel and 506 hereunder, including any payments pursuant to the work. The Claims Analyst section 3.1 hereof, are several and shall not be reimbursed for per diem expenses or travel expensesbe construed to be either joint or joint and several. 3.3 Notwithstanding any other provision of this Agreement, in the event that either of NBTel or 506 fails to pay its proportionate share of the invoice tendered pursuant to section 3.1, within the thirty (30) day period following receipt of such invoice the other Party may, by notice, demand payment. If at no payment is made within the period of five (5) days next succeeding the receipt of the demand notice the other Party may elect to increase its contribution to satisfy the shortfall, require imagic to curtail or abandon the Research Project, or may elect to terminate this Agreement with respect to the Research Project In the event that the non-defaulting Party elects to increase its contribution to satisfy the shortfall: (a) sections 2.2, 2.3 and 12.10 shall no longer be applicable and the non-defaulting Party shall have complete control and absolute discretion over any time during decisions to be made hereunder, including the term research activities to be carried out by imagic with respect to the Research Project and/or appointment of the project coordinator, and with respect to any project assigned under this contract decisions regarding the State should require License Agreement, Technology Transfer Option Agreement and any Schedules thereto; (b) section 2.4 shall no longer be applicable and the Claims Analyst NBTel and 506 Technology shall thereafter be owned in accordance with the proportionate share of the Party's contributions to make any substantial change the total contributions made hereunder by all Parties, however, the Party whose interest in the size or scope of the work that shall necessitate the Claims Analyst to do substantial work, then NBTel and in such event, the Claims Analyst shall prepare additional documents and make changes as required and 506 Technology has been reduced shall be entitled to fair receive details of and equitable compensation therefor. The Commissioner shall be required to contribute to future invoices in accordance with section 3.1 hereof (c) the revenue and cost sharing provisions of DASany joint-use agreement pursuant to section 2.5 hereof, hereinafter referred or the entitlement to as royalties pursuant to the "Commissioner," License Agreement and applicable Licence Schedule, shall determine be deemed amended to reflect that the Parties interests are no longer joint but are proportionate to the proportionate share of each Party's contributions to the total Contract Fee; and (d) the defaulting Party may at any time cure its default hereunder by paying to the non-defaulting Party an amount equal to the amount of such compensation the contributions that the defaulting Party has failed to make hereunder plus interest at prime plus five percent (5.0%). 3.4 imagic will maintain proper records for the purpose of confirming the amounts invoiced to NBTel and the manner 506 including timesheets and payroll summaries, paid invoices, vouchers, receipts and other supporting documents. imagic further agrees that it shall notify NBTel and 506, in writing, promptly upon discovery of payment thereof. Hourly rates used any inaccuracy in documentation submitted by imagic to NBTel and 506 and reimburse NBTel and 506 respectively for any task assigned under this contract shall remain unchanged for overpayment made by NBTel and 506 to imagic as a result thereof. 3.5 NBTel and 506, or their authorized agent shall, each at their own expense, have the term of this contract. In addition, if right at any time during and from time to time to enter upon the term premises of this contract imagic to perform a review or audit of the State should request books and records of imagic including all supporting documentation, to confirm the Claims Analyst amount invoiced to reduce NBTel and 506. In the scope of services originally agreed upon event that any inaccuracy or error is found imagic shall immediately reimburse NBTel and 506 for any task assigned under this contract, the Claims Analyst overpayment or shall then reduce said scope of services, as requested, immediately invoice NBTel and the Claims Analyst's fee 506 for such project shall be reduced by a fair and equitable amount determined by the Commissioner. The Claims Analyst shall be entitled to a payment of Ten Dollars ($10.00) at the termination of this contract if at such time the Claims Analyst has not received any fee under this contract. 248 Claims Analyst On-call PAGE 1 OF 13 CORE CT No. _20DAS3016AA DocuSign Envelope ID: AF8B62FE-AC55-4C8E-8EE8-B062AF768299 For the services and deliverables specified in a task letter, the Consultant shall be paid a fee based on the classification and hourly rate of personnel as shown in Exhibit A entitled "Hourly Rate Schedule." Said Exhibit A is attached hereto and made a part hereofunderpayment. In addition the event an overpayment has been found to providing have occurred imagic shall pay the hours costs incurred by NBTel and 506 for the performance of services and fee of any particular employee on any particular job, the Consultant shall make available upon request appropriate information to verify the actual burden, fringe, and overhead rates. The State reserves the right to audit these datasuch audit.