Common use of Payment of Reimbursable Expenses Clause in Contracts

Payment of Reimbursable Expenses. 1. The reimbursable expenses and extra compensation provided by the above Sections C and D of this Article shall in each case become due and payable by the University within thirty (30) days after its approval of an invoice to be submitted by the Consultant describing the respective items and services furnished and/or performed and the computation of the cost thereof. 2. The term “direct labor cost” as used in this Agreement refers only to labor furnished by the Consultant. Such cost shall be determined by multiplying the amount of time directly and exclusively devoted to the applicable services by non-technical assistants to the Site Representative and technical personnel of the Consultant by the respective charges for such personnel’s time; provided, however, that no charge shall be included for time of such personnel if they are not paid for the same. Charges for employees’ time will be computed on the basis of their regular rates of gross pay, exclusive of any premiums paid for overtime, except where the University authorizes and agrees in writing to pay for such overtime, which rates shall be filed with and approved by the University. Charges for time of the Consultant’s officers or members of the firm will be computed on the basis of a rate of fifty dollars ($50) per hour. Except as otherwise specifically provided herein, no charges shall be included for time of non-technical personnel or the cost of benefits, required by law or otherwise, to non-technical or technical personnel. When services for which the Consultant would be entitled to extra compensation under Section D (1) through (9) of Article III hereof are furnished, upon request and approval in writing by the University, by a person, firm or corporation other than the Consultant, the University, in lieu of the payments hereinabove provided, which would have been made had such services been furnished by the Consultant, will only pay the Consultant for such services on the basis of the Consultant’s actual expenditure therefor plus a sum equal to 10 percent thereof; provided, however, that the Consultant shall not be entitled to said 10 percent override when, in connection with or related to the services furnished by said other person, firm or corporation, it has been or will be compensated by the University for the direct labor costs of its own technical personnel. 3. Notwithstanding anything to the contrary hereinabove set forth, where labor and/or materials utilized by the Consultant in furnishing the services to be provided by it hereunder are furnished by a person, firm or corporation Consultant shall not be entitled to any further payments hereunder until it submits proof that such labor and/or materials have been paid for by it or until the University has determined that the Consultant with good cause has otherwise sufficiently provided for the payment and satisfaction of the same. 4. Whenever any payment to or fee of the Consultant is dependent in whole or in part on the Consultant’s or its subconsultants’ cost or costs, the Consultant shall maintain efficient and accurate cost and accounting records as to all such costs and the Consultant shall require its subconsultants to maintain similar records. The Consultant, at any time during the term of this Agreement or within six (6) years thereafter, shall make such records and requires its subconsultants to make their records available to the University or its authorized representatives for review and audit. In the event all or any part of such records are not maintained or made available to the University, any item not supported by reason of the unavailability of such records shall, at the election of the University, be disallowed and, if payment therefor has already been made, the Consultant, upon demand, shall refund to the University the amounts so disallowed. Payment to the Consultant and/or approval by the University of any invoice submitted by the Consultant shall in no way affect the Consultant’s obligations hereunder or the right of the University to obtain a refund of any payment to or fee of the Consultant which was in excess of that to which it was lawfully entitled. 5. For purposes of participating in a survey, the Consultant agrees to maintain efficient and accurate cost and accounting records as to all costs it incurs in connection with the performance of services provided or required under Article I hereof, and the Consultant shall require its subconsultants to maintain similar records. The Consultant, at any time during the term of this Agreement or within six (6) years hereafter, shall make such records and require its consultants to make their records available to the University or its authorized representatives for review and audit.

Appears in 4 contracts

Samples: Architectural/Engineering Consultant Term Agreement, Standard Contract Clauses, Architectural/Engineering Consultant Term Agreement

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Payment of Reimbursable Expenses. 1. The reimbursable expenses and extra compensation provided by the above Sections C and D of this Article shall in each case become due and payable by the University within thirty (30) days after its approval of an invoice to be submitted by the Consultant describing the respective items and services furnished and/or performed and the computation of the cost thereof. 2. The term “direct labor cost” as used in this Agreement refers only to labor furnished by the Consultant. Such cost shall be determined by multiplying the amount of time directly and exclusively devoted to the applicable services by non-technical non‑technical assistants to the Site Representative and technical personnel of the Consultant by the respective charges for such personnel’s time; provided, however, that no charge shall be included for time of such personnel if they are not paid for the same. Charges for employees’ time will be computed on the basis of their regular rates of gross pay, exclusive of any premiums paid for overtime, except where the University authorizes and agrees in writing to pay for such overtime, which rates shall be filed with and approved by the University. Charges for time of the Consultant’s officers or members of the firm will be computed on the basis of a rate of fifty dollars ($50) per hour. Except as otherwise specifically provided herein, no charges shall be included for time of non-technical non‑technical personnel or the cost of benefits, required by law or otherwise, to non-technical non‑technical or technical personnel. When services for which the Consultant would be entitled to extra compensation under Section D (1) through (9) of Article III hereof are furnished, upon request and approval in writing by the University, by a person, firm or corporation other than the Consultant, the University, in lieu of the payments hereinabove provided, which would have been made had such services been furnished by the Consultant, will only pay the Consultant for such services on the basis of the Consultant’s actual expenditure therefor plus a sum equal to 10 percent thereof; provided, however, that the Consultant shall not be entitled to said 10 percent override when, in connection with or related to the services furnished by said other person, firm or corporation, it has been or will be compensated by the University for the direct labor costs of its own technical personnel. 3. Notwithstanding anything to the contrary hereinabove set forth, where labor and/or materials utilized by the Consultant in furnishing the services to be provided by it hereunder are furnished by a person, firm or corporation Consultant shall not be entitled to any further payments hereunder until it submits proof that such labor and/or materials have been paid for by it or until the University has determined that the Consultant with good cause has otherwise sufficiently provided for the payment and satisfaction of the same. 4. Whenever any payment to or fee of the Consultant is dependent in whole or in part on the Consultant’s or its subconsultants’ cost or costs, the Consultant shall maintain efficient and accurate cost and accounting records as to all such costs and the Consultant shall require its subconsultants to maintain similar records. The Consultant, at any time during the term of this Agreement or within six (6) years thereafter, shall make such records and requires its subconsultants to make their records available to the University or its authorized representatives for review and audit. In the event all or any part of such records are not maintained or made available to the University, any item not supported by reason of the unavailability of such records shall, at the election of the University, be disallowed and, if payment therefor has already been made, the Consultant, upon demand, shall refund to the University the amounts so disallowed. Payment to the Consultant and/or approval by the University of any invoice submitted by the Consultant shall in no way affect the Consultant’s obligations hereunder or the right of the University to obtain a refund of any payment to or fee of the Consultant which was in excess of that to which it was lawfully entitled. 5. For purposes of participating in a survey, the Consultant agrees to maintain efficient and accurate cost and accounting records as to all costs it incurs in connection with the performance of services provided or required under Article I hereof, and the Consultant shall require its subconsultants to maintain similar records. The Consultant, at any time during the term of this Agreement or within six (6) years hereafter, shall make such records and require its consultants to make their records available to the University or its authorized representatives for review and audit.

Appears in 1 contract

Samples: Consultant Agreement

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Payment of Reimbursable Expenses. 1. The reimbursable expenses and extra compensation provided by the above Sections C E, F and D G of this Article shall in each case become due and payable by the University within thirty (30) days after its approval of an invoice invoice. Invoices are to be submitted by the Consultant describing the respective items and services furnished and/or performed and the computation of the cost thereofcost. 2. The term “direct labor cost” as used in this Agreement refers only to labor furnished by the Consultant. Such cost shall be determined by multiplying the amount of time directly and exclusively devoted to the applicable services by non-technical non‑technical assistants to the Site Representative and technical personnel of the Consultant by the respective charges for such personnel’s time; provided, however, that no . No charge shall be included for time of such personnel if they are not paid for the same. Charges for employees’ time will be computed on the basis of their regular rates of gross pay, exclusive of any premiums paid for overtime, except where the University authorizes and agrees in writing to pay for such overtime, which rates shall be filed with and approved by the University. Charges for time of the Consultant’s officers or members of the firm will be computed on the basis of a rate of fifty dollars ($50) per hour. Except as otherwise specifically provided herein, no charges shall be included for time of non-technical non‑technical personnel or the cost of benefits, required by law or otherwise, to non-technical non‑technical or technical personnel. When services for which the Consultant would be entitled to extra compensation under Article III Section D F (1) through (9) of Article III hereof are furnished, upon request and approval in writing by the University, by a person, firm or corporation other than the Consultant, the University, in lieu of the payments hereinabove provided, which would have been made had such services been furnished by the Consultant, University will only pay the Consultant for such services on the basis of the Consultant’s actual expenditure therefor plus a sum equal to 10 percent thereof; provided, however, that . Such services must be approved by the University in writing. The Consultant shall not be entitled to said 10 percent override when, in connection with or related to the services furnished by said other person, firm or corporation, when it has been or will be compensated by the University for the direct labor costs of its own technical personnelpersonnel in connection with or related to the services furnished by said other person, firm or corporation,. 3. Notwithstanding anything to the contrary hereinabove set forthcontrary, where labor and/or materials utilized by the Consultant in furnishing the services to be provided by it hereunder are furnished by a person, firm or corporation Consultant other than the Consultant, it shall not be entitled to any further payments hereunder until it submits proof that such labor and/or materials have been paid for by it the Consultant, or until the University has determined that the Consultant with good cause has otherwise sufficiently provided for the payment and satisfaction of the same. 4. Whenever any payment to or fee of the Consultant is dependent in whole or in part on the Consultant’s or its subconsultants’ cost or costs, the Consultant shall maintain efficient and accurate cost and accounting records as to all such costs and the Consultant shall require its subconsultants to maintain similar recordscosts. The Consultant, at any time during the term of this Agreement or within six (6) years thereafter, shall make such records and requires its subconsultants to make their records available to the University or its authorized representatives for review and audit. The Consultant shall require the same of its subconsultants. In the event all or any part of such records are not maintained or made available to the University, any item not supported by reason of the unavailability of such records shall, at the election of the University, be disallowed and, if disallowed. If payment therefor has already been made, the Consultant, upon demand, shall refund to the University the amounts so disallowed. Payment to the Consultant and/or approval by the University of any invoice submitted by the Consultant shall in no way affect the Consultant’s obligations hereunder or the right of the University to obtain a refund of any payment to or fee of the Consultant which was in excess of that to which it was lawfully entitled. 5. For purposes of participating in a survey, the Consultant agrees to maintain efficient and accurate cost and accounting records as to all costs it incurs in connection with the performance of services provided or required under Article I hereof, and the Consultant shall require its subconsultants to maintain similar records. The Consultant, at any time during the term of this Agreement or within six (6) years hereafter, shall make such records and require its consultants to make their records available to the University or its authorized representatives for review and audit.

Appears in 1 contract

Samples: Consultant Term Agreement

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