Payment In Case Of Termination or Suspension of Project. 5.3.1 If this Contract For Professional Services is terminated by the Owner pursuant to Paragraph 5.1 of this Chapter Three, no further payment shall be made to the Professional until completion of the Project. At such time, the Professional’s compensation shall, at the Owner's option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the Professional. 5.3.2 If this Contract For Professional Services is (i) terminated by the Owner pursuant to Paragraph 5.2 of this Chapter Three; or (ii) suspended more than four (4) months by the Owner pursuant to Paragraph 5.2 of this Chapter Three, the Professional’s compensation shall be calculated on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional be entitled to compensation in excess of the Professional Contract Price. 5.3.3 If this Contract for Professional Services is suspended less than four (4) months by the Owner pursuant to Paragraph 5.2 of this Chapter Three, the Professional specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services. 5.3.4 Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the Owner.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT’S compensation shall, at the Owner's OWNER’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT’S compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 3 contracts
Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement
Payment In Case Of Termination or Suspension of Project.
5.3.1 If this Term Contract For for Professional Services is terminated by the Owner pursuant to Paragraph Section 5.1 of this Chapter Three, no further payment shall be made to the Professional until completion of the Project. At such time, the Professional’s compensation shall, at the Owner's option, be calculated (i) subject to the last sentence of this Subparagraphsection, on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the Professional.
5.3.2 If this Term Contract For for Professional Services is (i) terminated by the Owner pursuant to Paragraph Section 5.2 of this Chapter Three; or (ii) suspended more than four (4) months by the Owner pursuant to Paragraph Section 5.2 of this Chapter Three, the Professional’s compensation shall be calculated on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional be entitled to compensation in excess of the Professional Contract Price.
5.3.3 If this Term Contract for Professional Services is suspended less than four (4) months by the Owner pursuant to Paragraph Section 5.2 of this Chapter Three, the Professional specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the Owner.
Appears in 1 contract
Samples: Professional Services
Payment In Case Of Termination or Suspension of Project.
5.3.1 If this Term Contract For for Professional Services is terminated by the Owner pursuant to Paragraph 5.1 of this Chapter Three, no further payment shall be made to the Professional until completion of the ProjectProject(s). At such time, the Professional’s compensation shall, at the Owner's option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the Professional.
5.3.2 If this Term Contract For for Professional Services is (i) terminated by the Owner pursuant to Paragraph 5.2 of this Chapter Three; or (ii) suspended more than four (4) months by the Owner pursuant to Paragraph 5.2 of this Chapter Three, the Professional’s compensation shall be calculated on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional be entitled to compensation in excess of the Professional Contract Price.
5.3.3 If this Term Contract for Professional Services is suspended less than four (4) months by the Owner pursuant to Paragraph 5.2 of this Chapter Three, the Professional specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the Owner.
Appears in 1 contract
Samples: Professional Services
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Term Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT’S compensation shall, at the Owner's OWNER’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT’S compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Term Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Term Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Commissioning Services Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 If this Term Contract For Professional Services is terminated by the Owner pursuant to Paragraph 5.1 of this Chapter Three, no further payment shall be made to the Professional until completion of the ProjectProject(s). At such time, the Professional’s compensation shall, at the Owner's option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the Professional.
5.3.2 If this Term Contract For Professional Services is (i) terminated by the Owner pursuant to Paragraph 5.2 of this Chapter Three; or (ii) suspended more than four (4) months by the Owner pursuant to Paragraph 5.2 of this Chapter Three, the Professional’s compensation shall be calculated on the basis of services actually performed and approved by the Owner and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional be entitled to compensation in excess of the Professional Contract Price.
5.3.3 If this Term Contract for Professional Services is suspended less than four (4) months by the Owner pursuant to Paragraph 5.2 of this Chapter Three, the Professional specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the Owner.
Appears in 1 contract
Samples: Professional Services
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT’S compensation shall, at the Owner's OWNER’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT’S compensation shall be reduced by all costs and damages incurred by the Owner OWNER as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT’S compensation shall, at the Owner's OWNER’s option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT’S compensation shall be reduced by all costs and damages incurred by the Owner OWNER as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Term Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT ’S compensation shall, at the Owner's OWNER’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT ’S compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the ProfessionalCONSULTANT .
5.3.2 2. If this Term Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT ’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Term Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the ProfessionalCONSULTANT’s compensation shall, at the Owner's OWNER’s option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition PROFESSIONAL SERVICES CONTRACT PAYMENT REQUISITION up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the ProfessionalCONSULTANT’s compensation shall be reduced by all costs and damages incurred by the Owner OWNER as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Contract For for Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the ProfessionalCONSULTANT’s compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition PROFESSIONAL SERVICES CONTRACT PAYMENT REQUISITION up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Servicesprofessional services.
5.3.4 4. Time of completion set forth in the Project Design Schedule Contract may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For Professional for BROKER Services is terminated by the Owner DASNY pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional until completion of the ProjectBROKER except at DASNY’s discretion. At such time, the ProfessionalBROKER’s compensation shall, at the Owner's DASNY’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner DASNY and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition payment up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the ProfessionalBROKER’s compensation shall be reduced by all costs and damages incurred by the Owner DASNY as a result of the default of the ProfessionalBROKER.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above, the ProfessionalBROKER’s compensation shall be calculated on the basis of services actually performed and approved by the Owner DASNY and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition payment up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional BROKER be entitled to compensation in excess of the Professional Contract Priceamounts referenced in Appendix “B”.
5.3.3 3. If this Contract for Professional BROKER Services is suspended less than four (4) months by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional BROKER specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional BROKER Services.
5.3.4 Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the Owner.
Appears in 1 contract
Samples: Workers' Compensation and Auto Liability Insurance Program Contract
Payment In Case Of Termination or Suspension of Project. 5.3.1 1) If this Contract For for Professional Services is terminated by the Owner DASNY pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the ProfessionalCONSULTANT’s compensation shall, at the Owner's DASNY’s option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner DASNY and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the ProfessionalCONSULTANT’s compensation shall be reduced by all costs and damages incurred by the Owner DASNY as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2) If this Contract For for Professional Services is (i) terminated by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above, the ProfessionalCONSULTANT’s compensation shall be calculated on the basis of services actually performed and approved by the Owner DASNY and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Consultant Contract Price.
5.3.3 3) If this Contract for Professional Services is suspended less than four (4) months by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption interruption, or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4) Time of completion set forth in the Project Design Schedule Engagement Letter may be extended to such time as the Owner DASNY determines shall compensate for the time lost by the suspension, interruption interruption, or delay; such determination shall be set forth in writing by the OwnerXXXXX.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1) If this Contract For for Professional Services is terminated by the Owner DASNY pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the ProfessionalCONSULTANT’s compensation shall, at the Owner's DASNY’s option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner DASNY and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the ProfessionalCONSULTANT’s compensation shall be reduced by all costs and damages incurred by the Owner XXXXX as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2) If this Contract For for Professional Services is (i) terminated by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above, the ProfessionalCONSULTANT’s compensation shall be calculated on the basis of services actually performed and approved by the Owner DASNY and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Consultant Contract Price.
5.3.3 3) If this Contract for Professional Services is suspended less than four (4) months by the Owner DASNY pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4) Time of completion set forth in the Project Design Schedule Engagement Letter (if applicable) may be extended to such time as the Owner DASNY determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerXXXXX.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT’S compensation shall, at the Owner's OWNER’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT’S compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional CONSULTANT Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Contract
Payment In Case Of Termination or Suspension of Project. 5.3.1 i. If this Contract For Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Projectwork. At such time, the ProfessionalCONSULTANT’s compensation shall, at the Owner's OWNER’s option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition payment up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the ProfessionalCONSULTANT’s compensation shall be reduced by all costs and damages incurred by the Owner OWNER as a result of the default of the ProfessionalCONSULTANT.
5.3.2 ii. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the ProfessionalCONSULTANT’s compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition payment up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Pricecontract price.
5.3.3 iii. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional ServicesContract.
5.3.4 iv. Time of completion set forth in the Project Design Schedule this Contract may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional CONSULTANT until completion of the Project. At such time, the Professional’s CONSULTANT’S compensation shall, at the Owner's OWNER’S option, be calculated calculated
(i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s CONSULTANT’S compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the ProfessionalCONSULTANT.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s CONSULTANT’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional CONSULTANT be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional CONSULTANT specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement
Payment In Case Of Termination or Suspension of Project. 5.3.1 1. If this Contract For for Professional Services is terminated by the Owner OWNER pursuant to Paragraph 5.1 of this Chapter Three7A above, no further payment shall be made to the Professional PROFESSIONAL until completion of the Project. At such time, the Professional’s PROFESSIONAL’S compensation shall, at the Owner's OWNER’S option, be calculated (i) subject to the last sentence of this Subparagraph, on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination date; or (ii) on the basis of the payment terms set forth elsewhere herein. In either case, the Professional’s PROFESSIONAL’S compensation shall be reduced by all costs and damages incurred by the Owner as a result of the default of the ProfessionalPROFESSIONAL.
5.3.2 2. If this Contract For Professional Services is (i) terminated by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above; or (ii) suspended more than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional’s PROFESSIONAL’S compensation shall be calculated on the basis of services actually performed and approved by the Owner OWNER and expenses actually incurred from the date of the last approved Professional Services Contract Payment Requisition up to the effective termination or suspension date and reasonable costs associated with termination or suspension. In no event shall the Professional PROFESSIONAL be entitled to compensation in excess of the Professional Contract Price.
5.3.3 3. If this Contract for Professional Services is suspended less than four (4) months by the Owner OWNER pursuant to Paragraph 5.2 of this Chapter Three7B above, the Professional PROFESSIONAL specifically agrees that such suspension, interruption or delay of the performance of the services pursuant to this item shall not increase the cost of the Professional Services.
5.3.4 4. Time of completion set forth in the Project Design Schedule may be extended to such time as the Owner OWNER determines shall compensate for the time lost by the suspension, interruption or delay; such determination shall be set forth in writing by the OwnerOWNER.
Appears in 1 contract
Samples: Consulting Agreement