Other Provisions Concerning Payments. 5.3.1 If OWNER fails to make any payment due CONSULTANT for services and expenses within forty-five (45) days after receipt of CONSULTANT’S statement the CONSULTANT may, after giving seven (7) days written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges.
5.3.2 In the event of termination by OWNER upon completion of any phase of Basic Services, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, CONSULTANT also will be reimbursed for the charges of independent professional associates and consultants employed by CONSULTANT to render Basic Services incurred through such phase. In the event of any such termination, CONSULTANT will be paid for unpaid Reimbursable Expenses previously incurred.
5.3.3 The employees of CONSULTANT, professional associates and consultants, whose time is directly assignable to the program shall keep and sign a time record showing the element of the Project, date and hours worked, title of position and compensation rate.
Other Provisions Concerning Payments. 5.3.1 In the event of termination by OWNER upon completion of any phase of Basic Services, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, CONSULTANT also will be reimbursed for the charges of independent professional associates and consultants employed by CONSULTANT to render Basic Services incurred through such phase. In the event of any such termination, CONSULTANT will be paid for unpaid Reimbursable Expenses previously incurred.
Other Provisions Concerning Payments. 5.3.1 If OWNER fails to make any payment due ENGINEER for services and expenses within sixty days after receipt of ENGINEER's xxxx xxxxxxxx, the amounts due ENGINEER shall include a charge at the rate of 1% per month from said sixtieth day and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this agreement until he has been paid in full all amounts due him for services and expenses.
5.3.2 In the event of termination by OWNER under paragraph 7.1, ENGINEER will be paid for services rendered to date of termination by principals and employees assigned to the Project. In the event of any such termination, ENGINEER will be paid for all unpaid additional services and unpaid reimbursable expenses, subject to the not to exceed price specified in Section 5.1.1.4
5.3.3 OWNER shall make payment to ENGINEER in accordance with Section 8.960, RSMo.
Other Provisions Concerning Payments. 5.3.1 If OWNER fails to make any payment due CONSULTANT for services and expenses within forty-five (45) days after receipt of CONSULTANT’s statement therefore, the amounts due CONSULTANT will be increased at the rate of 1.5% per month from said forty-fifth day, and in addition, CONSULTANT may, after giving seven (7) days written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges.
5.3.2 In the event of termination by OWNER upon completion of any phase of Basic Services, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, CONSULTANT also will be reimbursed for the charges of independent professional associates and consultants employed by CONSULTANT to render Basic Services incurred through such phase. In the event of any such termination, CONSULTANT will be paid for unpaid Reimbursable Expenses previously incurred.
5.3.3 The employees of CONSULTANT, professional associates and consultants, whose time is directly assignable to the program shall keep and sign a time record showing the element of the Project, date and hours worked, title of position and compensation rate.
Other Provisions Concerning Payments. 5.3.1 In the event of termination by OWNER upon completion of any phase of Basic Services, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, CONSULTANT also will be reimbursed for the charges of independent professional associates and consultants employed by CONSULTANT to render Basic Services incurred through such phase. In the event of any such termination, CONSULTANT will be paid for unpaid Reimbursable Expenses previously incurred.
5.3.2 The employees of CONSULTANT, professional associates and consultants, whose time is directly assignable to the program shall keep and sign a time record showing the element of the Project, date and hours worked, title of position and compensation rate.
Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due ARCHITECT for services and expenses within forty-five (45) days from the receipt of ARCHITECT’s xxxx therefore, the amounts due ARCHITECT shall include a charge at the rate of 0.75% per month from said forty-fifth (45th) day, and in addition, ARCHITECT may, after giving seven (7) days written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses.
5.3.2. In the event that the ARCHITECT and OWNER do not agree on the amount owing to the Contractor based upon the percentage of work done, the ARCHITECT will meet with the OWNER who, after consulting with both the ARCHITECT and it’s designated staff, shall determine the appropriate payment to be made.
5.3.3. In the event of termination by OWNER under Paragraph 7.1. for convenience and not for cause, upon the completion of any phase of the Basic Services, progress payments due ARCHITECT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ARCHITECT will be paid for services rendered during that phase on the basis of the percent of the work completed. In the event of any such termination, ARCHITECT will be paid for all unpaid Additional Services actually performed on a percent complete basis and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses include expenses directly attributable to termination and for which ARCHITECT is not otherwise compensated.
5.3.4. In the event of termination by OWNER for cause, ARCHITECT shall
Other Provisions Concerning Payments. A. Preparation of Invoices. Invoices will be prepared in accordance with OWNER’s standard processing practices and will be submitted to OWNER monthly via mail or email by ENGINEER, unless otherwise agreed. ENGINEER shall supply detailed back-up information along with each invoice in order for the OWNER to effectively evaluate the fees and charges. The amount billed in each invoice will be calculated as set forth in Exhibit C. B. (Modified) Payment of Invoices. Invoices are due and payable within 30 days after the receipt of the invoice and the necessary backup information. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER’s invoice and the required backup documentation therefor, the amounts due ENGINEER will accrue interest at the rate set forth in Section 2251.025 of the Texas Government Code (or the maximum rate of interest permitted by law, if less) after the 30th day. ENGINEER may after giving seven days’ written notice to OWNER suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges. However, it is expressly understood and agreed that ENGINEER will not charge any interest or penalty as set forth herein on any portion of an invoice that is disputed and/or withheld in accordance with paragraph 4.02 and that ENGINEER will not suspend services under the agreement on account of a disputed invoice or on account of monies withheld. All ENGINEER under this Agreement, and the ENGINEER waives any recourse therefor.
Other Provisions Concerning Payments. 1. Invoices will be prepared in form mutually agreeable to Owner and DCD and calculated on the basis set forth herein.
2. Invoices are due and payable within 30 days of receipt.
3. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid.
4. In the event of any termination under this Agreement, DCD will be entitled to invoice Owner and will be paid for all services performed or furnished and Reimbursable Expenses incurred through the effective date of termination.
Other Provisions Concerning Payments. 1. Preparation of Invoices – Invoices will be prepared in accordance with ENGINEER’s standard invoicing practices and will be submitted to OWNER by ENGINEER unless otherwise agreed. The amount billed each invoice will be calculated and set forth in Exhibit B.
2. Payment of Invoices – Invoices are due and payable within 30 days of receipt. If OWNER fails to make payment due ENGINEER for services and expenses within 90 days after receipt of ENGINEER’s invoice therefore, the amounts due the ENGINEER will be increase at a rate of 1.0% per month (or maximum rate allowable by law, if less) from said ninetieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend the services under this agreement until ENGINEER has been paid in full amounts due for services, expenses and other related charges. Payments will be credited first to interest and then to principal.
Other Provisions Concerning Payments. 4.3.1. If Owner fails to make any payment due Consultant for services and expenses within sixty days after receipt of Consultant's statement therefor, the amounts due Consultant will be increased at the current prime lending rate prorated on a monthly basis from said sixtieth day, and in addition, Consultant may, after giving seven days' written notice to Owner, suspend services under this Agreement until Consultant has been paid in full all amounts due for services, expenses and charges.
4.3.2. In the event of termination by Owner under paragraph 5.2 upon the completion of any phase of the Basic Services, progress payments due Consultant for services rendered through such phase shall constitute total payment for such services. In the event of such termination by Owner during any phase of the Basic Services, Consultant also will be reimbursed for the charges of independent professional associates and consultants, employed by Consultant to render Basic Services, and paid for services rendered during that phase on the basis of Exhibit C "Fee Schedule" for services rendered during that phase to date of termination by Consultant's principals and employees engaged directly on the Project. In the event of any such termination, Consultant will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination, which, if termination is at Owner's convenience under paragraph 5.2.2, shall include an amount computed as a percentage of total compensation for Basic Services earned by Consultant to the date of termination, as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase.
4.3.3. Consultant shall maintain accurate records and books of accounts in accordance with generally accepted accounting principles. Consultant’s records shall be available to Owner for review and copying during normal business hours. Consultant shall preserve all such records for a period of 3 years after the final payment under the Agreement. Owner may audit all records of Consultant relating in any way to the Project.
4.3.4. Consultant warrants that all Services performed under this Agreement shall be performed with the usual thoroughness and competence and in accordance with the standards of care of ...
