Common use of Equitable Reduction Clause in Contracts

Equitable Reduction. The amount of payment to the Engineer for services performed for the Project by an Assigned Employee, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Employee performed services for the Project, the total number of hours for which the Assigned Employee was actually paid by the Engineer for that week, less any non-billable hours, is less than the total number of hours actually billed by the Engineer to all entities for the Assigned Employee’s services for that week, including the number of hours billed for the Project. In such event, the amount of payment to the Engineer for services performed by an Assigned Employee for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph (a) below by the number set forth in paragraph (b). (a) Total number of hours for which the Assigned Employee was actually paid by the Engineer for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Engineer to all entities for the Assigned Employee’s services for the week in question, including the number of hours billed for the Project.

Equitable Reduction. The amount of payment to the Engineer Construction Manager for services performed for the Project by an Assigned Employee, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Employee performed services for the Project, the total number of hours for which the Assigned Employee was actually paid by the Engineer Construction Manager for that week, less any non-billable hours, is less than the total number of hours actually billed by the Engineer Construction Manager to all entities for the Assigned Employee’s services for that week, including the number of hours billed for the this Project. In such event, the amount of payment to the Engineer Construction Manager for services performed by an Assigned Employee for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph item (a) below by the number set forth in paragraph item (b). (a) Total total number of hours for which the Assigned Employee was actually paid by the Engineer Construction Manager for the week in question, less any non-billable hours, as defined above. (b) Total total number of hours actually billed by the Engineer Construction Manager to all entities for the Assigned Employee’s services for the week in question, including the number of hours billed for the this Project.

Equitable Reduction. The amount of payment to the Engineer CM for services performed for the Project by an Assigned EmployeePersonnel, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Employee Personnel performed services for the Project, the total number of hours for which the Assigned Employee Personnel was actually paid by the Engineer CM for that week, less any non-non- billable hours, is less than the total number of hours actually billed by the Engineer CM to all entities for the Assigned EmployeePersonnel’s services for that week, including the number of hours billed for the this Project. In such event, the amount of payment to the Engineer CM for services performed by an Assigned Employee Personnel for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph item (a) below by the number set forth in paragraph item (b). (a) Total number of hours for which the Assigned Employee Personnel was actually paid by the Engineer CM for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Engineer CM to all entities for the Assigned EmployeePersonnel’s services for the week in question, including the number of hours billed for the this Project.

Equitable Reduction. The amount of payment to the Engineer for services performed for the Project by an Assigned EmployeePersonnel, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Employee Personnel performed services for the Project, the total number of hours for which the Assigned Employee Personnel was actually paid by the Engineer for that week, less any non-billable hours, is less than the total number of hours actually billed by the Engineer to all entities for the Assigned EmployeePersonnel’s services for that week, including the number of hours billed for the Project. In such event, the amount of payment to the Engineer for services performed by an Assigned Employee Personnel for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph (a) below by the number set forth in paragraph (b). (a) Total number of hours for which the Assigned Employee Personnel was actually paid by the Engineer for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Engineer to all entities for the Assigned EmployeePersonnel’s services for the week in question, including the number of hours billed for the Project.