Fee payable. (1) The fee payable under this contract shall be the target fee increased by [For Base Contract: Not Applicable. For Task Orders: OCO to insert Contractor's participation] cents for every dollar that the total allowable cost is less than the target cost or decreased by - 2- cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than [For Task Orders only: OCO to insert percentage] percent or less than [For Task Orders only: OCO to insert percentage] percent of the target cost. (2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of -- (i) Payments made under assignments; or (ii) Claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause. (3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract. (4) For the purpose of fee adjustment, total allowable cost shall not include allowable costs arising out of -- (i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor; (ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractors being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty; (iii) Any direct cost attributed to the Contractors involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause; (iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause; (v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or (vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor. (5) All other allowable costs are included in total allowable cost for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
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Fee payable. (1) The fee payable under this contract shall be the target fee increased by [For Base Contract: Not Applicable. For Task Orders: OCO to insert Contractor's participation] -1- cents for every dollar that the total allowable cost is less than the target cost or decreased by - 2- -2- cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than [For Task Orders only: OCO to insert percentage] -3- percent or less than [For Task Orders only: OCO to insert percentage] -4- percent of the target cost.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of --
(i) Payments made under assignments; or
(ii) Claims excepted from the release as required by paragraph (h)(2h) (2) of the Allowable Cost and Payment clause.
(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.
(4) For the purpose of fee adjustment, total allowable cost shall not include allowable costs arising out of --
(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractors being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractors involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.
(5) All other allowable costs are included in total allowable cost for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
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Samples: Purchase Order
Fee payable. (1) The fee payable under this contract shall be the target fee increased by [For Base Contract: Not Applicable. For Task Orders: OCO to insert Contractor's participation] (TBD) cents for every dollar that the total allowable cost is less than the target cost or decreased by - 2- (TBD) cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than [For Task Orders only: OCO to insert percentage] (TBD) percent or less than [For Task Orders only: OCO to insert percentage] (TBD) percent of the target cost.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of --
(i) Payments made under assignments; or
(ii) Claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.
(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.
(4) For the purpose of fee adjustment, total allowable cost shall not include allowable costs arising out of --
(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractors being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractors involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.
(5) All other allowable costs are included in total allowable cost for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
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Samples: Contract
Fee payable. (1) The fee payable under this contract shall be the target fee increased by [For Base Contract: Not Applicable. For Task Orders: OCO to insert Contractor's participation] -1- cents for every dollar that the total allowable cost is less than the target cost or decreased by - 2- -2- cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than [For Task Orders only: OCO to insert percentage] -3- percent or less than [For Task Orders only: OCO to insert percentage] -4- percent of the target cost.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of --
(i) Payments made under assignments; or
(ii) Claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.
(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.
(4) For the purpose of fee adjustment, total allowable cost shall not include allowable costs arising out of --
(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractors being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractors involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.
(5) All other allowable costs are included in total allowable cost for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
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Samples: Additional Standard Terms and Conditions for Purchase Orders
Fee payable. (1) The fee payable under this contract Agreement shall be the target fee increased by [For Base Contract: Not Applicable. For Task Orders: OCO to insert Contractor's participation] cents for every dollar that the total allowable cost is less than the target cost or decreased by - 2- cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than [For Task Orders only: OCO to insert percentage] percent or less than [For Task Orders only: OCO to insert percentage] percent of the target cost.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clauseabove, and within the minimum and maximum fee limitations in paragraph subparagraph (e)(11) of this clauseabove, when the total allowable cost is increased or decreased as a consequence of --
(i) Payments payments made under assignments; or
assignments or (ii) Claims claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.
(3) If this contract Agreement is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contractAgreement.
(4) For the purpose of fee adjustment, "total allowable cost cost" shall not include allowable costs arising out of --of:
(i) Any of the causes covered by the Excusable Delays clause excusable delays to the extent that they are beyond the control and without the fault or negligence of the Contractor Seller or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractors Seller's being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractors Seller's involvement in litigation as required by the Contracting Officer Company pursuant to a clause of this contractAgreement, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting OfficerCompany, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clausepersons;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor Seller has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract Agreement as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the ContractorSeller.
(5) All other allowable costs are included in "total allowable cost cost" for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contractAgreement.
Appears in 1 contract
Samples: Incentive Fee Agreement
Fee payable. (1) The fee payable under this contract shall be the target fee increased by [For Base Contract: Not Applicable. For Task Orders: OCO to insert Contractor's participation] cents **]% for every dollar that the total allowable cost is less than the target cost or decreased by - 2- cents [**]% for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than [For Task Orders only: OCO to insert percentage] **]% percent or less than [For Task Orders only: OCO to insert percentage] **]% percent of the target cost.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of --of—
(i) Payments made under assignments; or
(ii) Claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.
(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.
(4) For the purpose of fee adjustment, “total allowable cost cost” shall not include allowable costs arising out of --of-
(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractors Contractor’s being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractors Contractor’s involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.
(5) All other allowable costs are included in “total allowable cost cost” for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
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