Common use of Maximum D&C Payment Schedule Clause in Contracts

Maximum D&C Payment Schedule. The Project Schedule shall provide for payment to be made solely on the basis of progress by Developer, subject to a cap on payments shown on the Maximum D&C Payment Schedule established for the Project. The Maximum D&C Payment Schedule shall not limit payment for Change Order D&C Work unless otherwise specified in the Change Order. In other words, at no time shall Developer’s cumulative total progress payments for D&C Work (including mobilization payments but exclusive of payments for Change Order Work) exceed the cumulative total expenditure permitted by the Maximum D&C Payment Schedule. The Maximum D&C Payment Schedule shall be calculated based on the monthly expenditure for the Project rate set forth in Exhibit 5. The Maximum D&C Payment Schedule shall be revised from time to time thereafter upon request by TxDOT or by Developer on its own initiative, as appropriate to account for any changes in the D&C Price as evidenced by Change Orders or amendments. The aggregate amount of progress payments to Developer for the D&C Work hereunder shall not exceed the amount allowed by the Maximum D&C Payment Schedule at any time, exclusive of payments for Change Order Work, without the prior approval of TxDOT, which approval may be withheld in its discretion.

Maximum D&C Payment Schedule. The Project Schedule shall provide for payment to be made solely on the basis of progress by Developer, subject to a cap on payments shown on the Maximum D&C Payment Schedule established for the Project. The Maximum D&C Payment Schedule shall not limit payment for Change Order D&C Work unless otherwise specified in the Change Order. In other words, at no time shall Developer’s cumulative total progress payments for D&C Work (including mobilization payments but exclusive of payments for Change Order Work) exceed the cumulative total expenditure permitted by the Maximum D&C Payment Schedule. The Maximum D&C Payment Schedule shall be calculated based on the monthly expenditure for the Project rate set forth in Exhibit 5-1. If Developer and TxDOT mutually agree in writing to a different expenditure rate at any time, then such revised rate shall thereafter be the Maximum D&C Payment Schedule for the Project. The Maximum D&C Payment Schedule shall be revised from time to time thereafter upon request by TxDOT or by Developer on its own initiative, as appropriate to account for any changes in the D&C Price as evidenced by Change Orders or amendments. The aggregate amount of progress payments to Developer for the D&C Work hereunder shall not exceed the amount allowed by the Maximum D&C Payment Schedule at any time, exclusive of payments for Change Order Work, without the prior approval of TxDOT, which approval may be withheld in its discretion. For the avoidance of doubt, Developer shall not be required to finance any increase in the D&C Price due to a Change Order.

Maximum D&C Payment Schedule. The Project Schedule shall provide for payment to be made solely on the basis of progress by Developer, subject to a cap on payments shown on the Maximum D&C Payment Schedule established for the Project. The Maximum D&C Payment Schedule shall not limit payment for Change Order D&C Work unless otherwise specified in the Change Order. In other words, at no time shall Developer’s cumulative total progress payments for D&C Work (including mobilization payments but exclusive of payments for Change Order Work) exceed the cumulative total expenditure permitted by the Maximum D&C Payment Schedule. The Maximum D&C Payment Schedule shall be calculated based on the monthly expenditure for the Project rate set forth in Exhibit 5. If Developer and TxDOT mutually agree in writing to a different expenditure rate at any time, then such revised rate shall thereafter be the Maximum D&C Payment Schedule for the Project. The Maximum D&C Payment Schedule shall be revised from time to time thereafter upon request by TxDOT or by Developer on its own initiative, as appropriate to account for any changes in the D&C Price as evidenced by Change Orders or amendments. The aggregate amount of progress payments to Developer for the D&C Work hereunder shall not exceed the amount allowed by the Maximum D&C Payment Schedule at any time, exclusive of payments for Change Order Work, without the prior approval of TxDOT, which approval may be withheld in its discretion. For the avoidance of doubt, Developer shall not be required to finance any increase in the D&C Price due to a Change Order.