Not-to-Exceed Amount Sample Clauses

Not-to-Exceed Amount. The Agreement amount is considered to be a Not-to-Exceed amount, which amount shall be the maximum amount payable and shall not be exceeded unless adjusted by a Supplemental Agreement.

Not-to-Exceed Amount. Following execution of this Agreement by the Parties, the Contractor shall be authorized to and shall commence performance of the Services as described in Exhibit A, subject to the requirements and limitations on compensation as provided by this Section IV and its subsections. Compensation to be paid hereunder shall not exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) (“Not-to-Exceed Amount”) unless a larger amount is agreed to by and between the Parties in accordance with the amendment requirements of this Agreement. Notwithstanding the amount specified in this Section, Contractor shall be paid only for work performed. Contractor shall not be paid until tasks identified in the Scope of Services are performed to the satisfaction of the Town. In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor as follows: If this box is checked, the Town shall pay Contractor on a time and materials basis in accordance with the rate schedule shown in Exhibit B. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for any fees, costs and expenses. Final payment may be requested by the Contractor upon completion of the Services and the Town’s acceptance of all work or Services as set forth in Exhibit A. If this box is checked, the Town shall pay the Contractor the Not-to-Exceed Amount in a single lump sum payment within thirty (30) calendar days of Contractor completing all Services to the City's satisfaction as set forth in Exhibit A.

Not-to-Exceed Amount. 26 A. The Total Not to Exceed Amount of COUNTY for services provided in accordance with this 27 Contract, and the separate Not to Exceed Amounts for each period under this Contract, are as specified in 28 the Referenced Contract Provisions of this Contract, except as allowed for in Subparagraph B. below. 29 B. ADMINISTRATOR may amend the Total Not to Exceed Amount by an amount not to exceed

Not-to-Exceed Amount. Design Builder guarantees that during Phase 1, Design Builder’s Compensation shall not exceed the Phase 1 Not to Exceed Amount (“Phase 1 NTE”) of Dollars ($ ). Design Builder agrees that it will be responsible for paying all costs of completing the Phase 1 Work which exceed the Phase 1 NTE and shall not seek reimbursement from the Owner/DES for any costs that exceed the Phase 1 NTE, as adjusted in accordance with the Contract Documents including by written Change Order.

Not-to-Exceed Amount. Vendor shall not charge Fees in excess of the Not-to-Exceed Amount, which is $_________ for _________. Vendor is not obligated to provide Services under this MSA to the extent the Fees for such Services would exceed the Not-to-Exceed Amount for the then-applicable Initial Term or Optional Renewal Term if (i) it has complied with the two following paragraphs, and (ii) it notifies USAC immediately when the Not-to-Exceed Amount has been reached. If USAC notifies Vendor in writing that the Not-to-Exceed Amount has been increased and specifies the amount of the new Not-to-Exceed Amount, Vendor shall immediately resume providing the Services; provided that Vendor shall have the same right (subject to the same conditions) if the new Not-to-Exceed Amount is reached.

Not-to-Exceed Amount. For and in consideration of the Basic Services rendered by Test Engineer, County shall pay to Test Engineer the not to exceed amount of One Hundred Forty-Four, Two Hundred Ninety- Four and Seventy-Four/100 Dollars ( $ 144,294.74 ) hereinafter called the "NTE Amount". The NTE Amount is based upon all estimated time and material costs required in the performance of all items and phases of the Basic Services set forth in Exhibit A. Compensation for Basic Services will be paid by County by monthly invoices for the Basic Services actually provided and performed based on the method and rates set forth in Exhibit B – Fee Schedule. County will only be obligated to pay Test Engineer for the performance of items and phases of the Basic Services actually rendered and incurred, which may be less than the above stated NTE Amount.

Not-to-Exceed Amount. Following execution of this Agreement by the Parties, the Contractor shall be authorized to and shall commence performance of the Project Services as described in Exhibit A, subject to the requirements and limitations on compensation as provided by this Section IV and its subsections. Compensation to be paid hereunder shall not exceed Five Hundred Fifty-Six Thousand Five Hundred Eighty-Five Dollars ($556,585.00) (“Not-to-Exceed Amount”) unless a different amount is agreed to by and between the Parties in accordance with the amendment requirements of this Agreement. Notwithstanding the amount specified in this Section, Contractor shall be paid only for work performed. Contractor shall not be paid until tasks identified in the Project Services are performed to the satisfaction of the Town. As set forth in Section I.C. above, the Contractor shall provide no Additional Services except pursuant to one or more task orders completed and executed by the Parties. In consideration for the completion of the Project Services by Contractor, the Town shall pay Contractor as follows: If this box is checked, the Town shall pay Contractor on a time and materials basis in accordance with the rate schedule shown in Exhibit B. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for any fees, costs and expenses. Final payment may be requested by the Contractor upon completion of the Services and the Town’s acceptance of all work or Services as set forth in Exhibit A. If this box is checked, the Town shall pay the Contractor the Not-to-Exceed Amount in a single lump sum payment on [insert date here, if applicable] .

Not-to-Exceed Amount. In no event shall the maximum aggregate amount of Maintenance Invoices in any calendar year exceed (i) the estimated amount contained in the Approved Maintenance Plan, and (ii) additional funds, if any, paid directly by the Railroads to ACTA pursuant to the terms of the Operating Agreement and/or a separate agreement among ACTA, the Railroad(s) and the Owner, without the prior written approval of ACTA, the Owner and the Railroads.

Not-to-Exceed Amount. The second sentence of Section IV.A. of the Agreement is hereby amended to read in full as follows:

Not-to-Exceed Amount. While the CONTRACTOR is not guaranteed that the CITY will utilize this Agreement for any services, if the CITY utilizes this Agreement for services, the not to exceed amount for this Agreement shall be $750,000 each fiscal year.