Common use of Not-to-Exceed Amount Clause in Contracts

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. 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 agreesthat 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 anycosts that exceed the Phase 1 NTE, as adjusted in accordance with the Contract Documents including by written Change Order.