Common use of PAYMENTS ON ACCOUNT OF BASIC SERVICES Clause in Contracts

PAYMENTS ON ACCOUNT OF BASIC SERVICES. 3.1.1 Subject to the limitations hereinafter set forth, the Owner shall pay the Testing and Inspection Consultant during the term of this Contract on an hourly and unit price basis for all personnel services reasonably required for accomplishment of the work to be performed under this Contract, which hourly rates shall cover all salaries, expenses, overhead and professional fee associated with the services rendered under the terms of this Contract. The Testing and Inspection Consultant’s hourly fee schedule for its personnel and estimated number of man hours to provide the services required by the Contract are listed in Attachment A. 3.1.2 It is mutually agreed that the maximum total compensation to be paid to the Testing and Inspection consultant for all Services rendered under the terms of this contract shall not exceed the sum of Two Hundred Three Thousand, Five Hundred Thirty-five Dollars ($203,535.00) without the prior written approval of the Owner. 3.1.3 The testing and Inspection consultant shall submit to the Owner by the fifth (5th) day of each month an itemized invoice for services provided under this Contract during the previous calendar month. Such invoices shall provide an itemization of the dates on which work was performed by each staff member and the number of hours expended or individual tests performed. The owner shall make payment for the amount he determines is due the Testing and Inspection Consultant within thirty (30) days after receipt of each invoice. The final invoice shall be marked “FINAL”, and there shall be no further invoices received by the Owner unless additional services are requested in writing by the Owner. The Testing and Inspection Consultant’s acceptance of payment pursuant to such final invoice shall constitute a full release of the Owner for any and all payments due or claimed to be due the Testing and Inspection Consultant under this Contract. Notwithstanding the above, it is understood and agreed that at no time shall the aggregate of payments to the Testing and Inspection Consultant for Services exceed the maximum compensation provided for by this contract unless otherwise agreed in writing by both parties.

PAYMENTS ON ACCOUNT OF BASIC SERVICES. 3.1.1 9.1.1 Owner and Architect acknowledge and confirm that as of the execution date of this Agreement, Architect has been paid for all services performed and expenses incurred through August 30, 1997, except that the Surety Amount described in Article 9.4.3 has not been paid. 9.1.2 In each calendar month beginning with November, 1997, Architect shall deliver to Owner no later than the 20th day of such calendar month a properly completed preliminary Request for Payment in the form of Appendix B attached hereto ("Payment Request"). Each preliminary Payment Request shall cover Basic Services and Additional Services performed (and anticipated to be performed) by Architect in such calendar month, provided that the preliminary Payment Request delivered in November, 1997 shall cover Basic Services and Additional Services performed in all prior months, through and including November, 1997, not covered by previous payments. After delivery to Owner of a preliminary Payment Request, Owner shall promptly (and in all events within three (3) business days) give Architect any preliminary comments it may have with respect thereto. Promptly after receipt of such comments, and in no event later than the 26th day of such calendar month, Architect shall submit to Owner a final Payment Request, which final Payment Request shall cover the same items as the corresponding preliminary Payment Request, with appropriate changes in response to Owner's comments. Subject to the limitations hereinafter set forthArticle 9.4, the Owner shall pay the Testing and Inspection Consultant during the term of this Contract on an hourly and unit price basis for all personnel services reasonably required for accomplishment of the work to be performed under this Contract, which hourly rates shall cover all salaries, expenses, overhead and professional fee associated with the services rendered under the terms of this Contract. The Testing and Inspection Consultant’s hourly fee schedule for its personnel and estimated number of man hours to provide the services required by the Contract are listed in Attachment A. 3.1.2 It is mutually agreed that the maximum total compensation to be paid to the Testing and Inspection consultant for all Services rendered under the terms of this contract shall not exceed the sum of Two Hundred Three Thousand, Five Hundred Thirty-five Dollars ($203,535.00) without the prior written approval of the Owner. 3.1.3 The testing and Inspection consultant shall submit to the Owner by the fifth (5th) day of each month an itemized invoice for services provided under this Contract during the previous calendar month. Such invoices shall provide an itemization of the dates on which work was performed by each staff member and the number of hours expended or individual tests performed. The owner shall make payment for Architect the amount he determines is due the Testing and Inspection Consultant with respect to a final Payment Request within thirty seventeen (3017) business days after receipt thereof (provided that such seventeen-business day period may be extended as necessary in connection with Lender's disbursement procedures, but not more then ten (10) additional business days). 9.1.3 Each final Payment Request must, in order to be considered properly delivered to Owner, be accompanied by a lien release or waiver from Architect covering all services performed to the last day of each invoice. The the period covered by such final invoice shall be marked “FINAL”Payment Request, and there shall be no further invoices received by the Owner unless additional services are requested in writing by the Owner. The Testing and Inspection Consultant’s acceptance conditional upon receipt of payment pursuant to such final invoice shall constitute a full release of the Owner for any and all payments due or claimed to be due the Testing and Inspection Consultant under this Contract. Notwithstanding the above, it is understood and agreed that at no time shall the aggregate of payments to the Testing and Inspection Consultant for Services exceed the maximum compensation provided for by this contract unless otherwise agreed in writing by both partiesthereof.

PAYMENTS ON ACCOUNT OF BASIC SERVICES. 3.1.1 Subject 5.1.1 Payments for Basic Services shall be made monthly and shall be in proportion to services performed within each Phase of services, as demonstrated by work product, on the basis set forth in Article 9. The calculation of compensation and Payments for Basic Services during the Construction Phase shall be in proportion to the limitations hereinafter set forthservices performed by Contractor, per the approved Contractor’s application for payment. With each Architect’s application for payment, at Owner’s option, Architect shall provide a USB Flash Drive, in format acceptable to Owner, of demonstrated work product. The form of Statement for Architectural Services to be utilized is attached hereto as Exhibit D, to which is attached Attachment 1 which concerns payments planned and payments made to M/WBE Businesses. With each Architect’s application for payment, Architect shall report Architect’s actual M/WBE status and plan updates. Architect’s application for payment shall be submitted to Owner for review and recommendation prior to Owner’s approval. Once the proportion of Basic Services has been approved by Owner, the Owner application for payment will be forwarded to Owner’s accounting department for payment. Architect shall pay the Testing and Inspection Consultant during maintain a Dallas ISD iSupplier account throughout the term of this Contract on an hourly and unit price basis for all personnel services reasonably required for accomplishment Agreement. 5.1.2 Should any portions of the work Project be deleted after commencement of the Construction Document Phase or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in section 5.5 and Article 9, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, an up-to-date detailed Construction Cost Estimate for such portions of the Project. 5.1.3 Any provision hereof to the contrary notwithstanding, Owner shall not be performed obligated to make any disputed part of a payment (whether a progress payment or final payment) to Architect if any one or more of the following conditions exist: .1 Architect is in material breach or default under this ContractArchitect Agreement; .2 Any part of such payment is attributable to services which are not performed in accordance with this Architect Agreement; provided, which hourly rates however, such payment shall cover all salaries, expenses, overhead and professional fee associated with the services rendered under the terms of this Contract. The Testing and Inspection Consultant’s hourly fee schedule for its personnel and estimated number of man hours to provide the services required by the Contract are listed in Attachment A. 3.1.2 It is mutually agreed that the maximum total compensation to be paid made as to the Testing and Inspection consultant for all Services rendered under the terms of part thereof attributable to services which were performed in accordance with this contract shall not exceed the sum of Two Hundred Three Thousand, Five Hundred Thirty-five Dollars ($203,535.00) without the prior written approval of the Owner. 3.1.3 The testing and Inspection consultant shall submit to the Owner by the fifth (5th) day of each month an itemized invoice for services provided under this Contract during the previous calendar month. Such invoices shall provide an itemization of the dates on which work was performed by each staff member and the number of hours expended or individual tests performed. The owner shall make payment for the amount he determines is due the Testing and Inspection Consultant within thirty (30) days after receipt of each invoice. The final invoice shall be marked “FINAL”, and there shall be no further invoices received by the Owner unless additional services are requested in writing by the Owner. The Testing and Inspection Consultant’s acceptance of payment pursuant to such final invoice shall constitute a full release of the Owner for any and all payments due or claimed to be due the Testing and Inspection Consultant under this Contract. Notwithstanding the above, it is understood and agreed that at no time shall the aggregate of payments to the Testing and Inspection Consultant for Services exceed the maximum compensation provided for by this contract unless otherwise agreed in writing by both parties.Agreement;