Limit of Appropriation. 4.1 Consultant clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of ten thousand five hundred eighty-five dollars and no/100 ($10,585.00) specifically allocated to fully discharge any and all liabilities County may incur.
4.2 Consultant does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total maximum compensation that Consultant may become entitled to and the total maximum sum that County may become liable to pay to Consultant shall not under any conditions, circumstances, or interpretations thereof exceed ten thousand five hundred eighty-five dollars and no/100 ($10,585.00).
Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section.
3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:
3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council.
Limit of Appropriation. 4.1 Contractor clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of seven hundred seventy-one thousand six hundred eighty-seven dollars and no/100 ($771,687.00) specifically allocated to fully discharge any and all liabilities County may incur.
4.2 Contractor does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total maximum compensation that Contractor may become entitled to and the total maximum sum that County may become liable to pay to Contractor shall not under any conditions, circumstances, or interpretations thereof exceed seven hundred seventy-one thousand six hundred eighty-seven dollars and no/100 ($771,687.00).
Limit of Appropriation. 4.1 Contractor clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of sixty-five thousand dollars and no/100 ($65,000.00) specifically allocated to fully discharge any and all liabilities County may incur.
4.2 Contractor does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total maximum compensation that Contractor may become entitled to and the total maximum sum that County may become liable to pay to Contractor shall not under any conditions, circumstances, or interpretations thereof exceed sixty-five thousand dollars and no/100 ($65,000.00).
Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section.
3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:
3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________
3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.
Limit of Appropriation. 4.1 Consultant clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of three hundred thousand dollars and no/100 ($300,000.00), specifically allocated to fully discharge any and all liabilities County may incur.
4.2 Consultant does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total maximum compensation that Consultant may become entitled to and the total maximum sum that County may become liable to pay to Consultant shall not under any conditions, circumstances, or interpretations thereof exceed three hundred thousand dollars and no/100 ($300,000.00).
Limit of Appropriation. Contractor understands and agrees that the total Maximum Compensation payable to Contractor for Services rendered under the Agreement, as amended, is hereby increased to an amount not to exceed Four Hundred Sixty One Thousand Ninety Six and 00/100 Dollars ($461,096.00) authorized as follows: $151,855.00 under the First Amendment $6,590.00 under the Second Amendment $17,636.00 under this Third Amendment In no event shall the amount paid by County under this Agreement exceed the Maximum Compensation without a County approved change order. Contractor clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of Four Hundred Sixty One Thousand Ninety Six and 00/100 Dollars ($461,096.00) specifically allocated to fully discharge any and all liabilities County may incur under the Agreement, as amended. Contractor does further understand and agree, said understanding and agreement also being of the absolute essence of the Agreement, that the total Maximum Compensation that Contractor may become entitled to and the total maximum sum that County may become liable to pay to Contractor under the Agreement, as amended, shall not under any conditions, circumstances, or interpretations thereof exceed Four Hundred Sixty One Thousand Ninety Six and 00/100 Dollars ($461,096.00).
Limit of Appropriation. Engineer understands and agrees that the Maximum Compensation for the performance of the Services within the Scope of Services described in Section 2 above is Fifty-Five Thousand and 00/100 Dollars ($55,000.00). In no event shall the amount paid by County under this Agreement exceed the Maximum Compensation without a County approved change order. Engineer clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of Fifty-Five Thousand and 00/100 Dollars ($55,000.00) specifically allocated to fully discharge any and all liabilities County may incur under this Agreement. Engineer does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total Maximum Compensation that Engineer may become entitled to and the total maximum sum that County may become liable to pay to Engineer under this Agreement shall not under any conditions, circumstances, or interpretations thereof exceed Fifty-Five Thousand and 00/100 Dollars ($55,000.00).
Limit of Appropriation. Contractor clearly understands and agrees, such understanding and agreement being of the absolute essence of this Ninth Amendment, that County shall have available the total maximum sum of One Hundred Seventy Thousand Twelve and 80/100 dollars ($170,012.80) specifically allocated to fully discharge any and all liabilities County may incur. Contractor does further understand and agree, said understanding and agreement also being of the absolute essence of this Ninth Amendment, that the total maximum compensation that Contractor may become entitled to and the total maximum sum that County may become liable to pay to Contractor shall not under any conditions, circumstances, or interpretations thereof exceed One Hundred Seventy Thousand Twelve and 80/100 dollars ($170,012.80).
Limit of Appropriation. Contractor understands and agrees that the Maximum Compensation for the performance of the Services within the Scope of Services described in Section 2 above is One Million, Sixty-Five Thousand, Three Hundred Sixty-Six Dollars and 47/100 ($1,065,366.47). In no event shall the amount paid by County under this Agreement exceed the Maximum Compensation without a County approved change order. Contractor clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of One Million, Sixty-Five Thousand, Three Hundred Sixty-Six Dollars and 47/100 ($1,065,366.47) specifically allocated to fully discharge any and all liabilities County may incur under this Agreement. Contractor does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total Maximum Compensation that Contractor may become entitled to and the total maximum sum that County may become liable to pay to Contractor under this Agreement shall not under any conditions, circumstances, or interpretations thereof exceed One Million, Sixty-Five Thousand, Three Hundred Sixty-Six Dollars and 47/100 ($1,065,366.47). 24-Eng-100344/ Project No. 20128x
