Common use of No Adjustments to Fee Clause in Contracts

No Adjustments to Fee. The Design-Builder understands and agrees that the Preconstruction Fee and Design-Build Fee shall not be increased or decreased as a result of any Change Orders or Change Directive. In furtherance of this understanding, the Design- Builder agrees that it shall not be entitled to an increase in the Preconstruction Fee, Maximum Cost of General Conditions, or the Design-Build Fee by virtue of changes authorized by the Department unless such changes fall outside the general scope of work contemplated by this Agreement. The term general scope of work shall mean a state-of-the-art school that is consistent with the Department’s program of requirements and incorporates sustainable design initiatives. Without limiting the generality of the foregoing, it is understood and agreed that the Design-Builder shall not be entitled to any additional fees or general conditions unless (i) the Department makes additions to the scope provided for in the GMP Amendment that cause the GMP, either individually or in the aggregate, to increase by more than ten percent (10%); or (ii) the Department makes additions to the scope provided for herein which (other than for punchlist or warranty work) require the Design-Builder’s services for the Project to extend beyond Labor Day 2017; provided, however, that in the event that the GMP exceeds the Target GMP by more than ten percent (10%), the Department may authorize an increase to the Maximum cost of General Conditions if the Design-Builder can demonstrate to the satisfaction of the Department that such additional general conditions costs are reasonable and necessary.

No Adjustments to Fee. The Design-Builder understands and agrees that the Preconstruction Design Fee and Design-Build Fee shall not be increased or decreased as a result of any Change Orders or Change Directive. In furtherance of this understanding, the Design- Design-Builder agrees that it shall not be entitled to an increase in the Preconstruction Design Fee, Maximum Cost of General Conditions, or the Design-Build Fee by virtue of changes authorized by the Department unless such changes fall outside the general scope of work contemplated by this Agreement. The term general scope of work shall mean a state-of-the-art school that is consistent with the Department’s program of requirements and incorporates sustainable design initiatives. Without limiting the generality of the foregoing, it is understood and agreed that the Design-Builder shall not be entitled to any additional fees or general conditions unless (i) the Department makes additions to the scope provided for in the GMP Amendment that cause the GMP, either individually or in the aggregate, to increase by more than ten percent (10%); or (ii) the Department makes additions to the scope provided for herein which (other than for punchlist or warranty work) require the Design-Builder’s services for the Project to extend beyond Labor Day 20172018; provided, however, that in the event that the GMP exceeds the Target GMP by more than ten percent (10%), the Department may authorize an increase to the Maximum cost of General Conditions if the Design-Builder can demonstrate to the satisfaction of the Department that such additional general conditions costs are reasonable and necessary.

No Adjustments to Fee. The Design-Builder understands and agrees that the Preconstruction Fee and Design-Build Fee shall not be increased or decreased as a result of any Change Orders or Change Directive. In furtherance of this understanding, the Design- Builder agrees that it shall not be entitled to an increase in the Preconstruction Fee, Maximum Cost of General Conditions, or the Design-Build Fee by virtue of changes authorized by the Department unless such changes fall outside the general scope of work contemplated by this Agreement. The term general scope of work shall mean a state-of-the-art school recreation center facility that is consistent with the Department’s program of requirements and incorporates sustainable design initiatives. Without limiting the generality of the foregoing, it is understood and agreed that the Design-Builder shall not be entitled to any additional fees or general conditions unless (i) the Department makes additions to the scope provided for in the GMP Amendment that cause the GMP, either individually or in the aggregate, to increase by more than ten percent (10%); or (ii) the Department makes additions to the scope provided for herein which (other than for punchlist or warranty work) require the Design-Builder’s services for the Project to extend beyond Labor Day 2017[ ]; provided, however, that in the event that the GMP exceeds the Target GMP by more than ten percent (10%), the Department may authorize an increase to the Maximum cost of General Conditions if the Design-Builder can demonstrate to the satisfaction of the Department that such additional general conditions costs are reasonable and necessary.