Common use of Fees and Expenses; Payment Clause in Contracts

Fees and Expenses; Payment. 3.1 As full compensation for the Services and the rights granted to EnviroSpark in this Agreement, EnviroSpark shall pay Contractor the fixed fee of specified in the applicable SOW or P.O. Contract (the “Fees”), payable on completion of the Services to EnviroSpark’s satisfaction; provided, however, that EnviroSpark may withhold payments or portions of payments to the extent EnviroSpark’s customer has failed or refused to make, or otherwise withheld, payment to EnviroSpark with respect to the applicable Services. Contractor acknowledges that it will receive an IRS Form 1099-MISC potential bond or lien claimant, or to pay such Approved Subcontractors to protect EnviroSpark from any and all loss, damage and expense (including attorneys' fees) arising out of or related to a claim or lien by an Approved Subcontractor.