Common use of Payments to the Engineer Clause in Contracts

Payments to the Engineer. 3.1 Payments for performance of the SERVICES contemplated by this AGREEMENT shall be in the amount and in accordance with the provisions set forth in “Exhibit B”. 3.2 Nothing contained in the AGREEMENT shall require OWNER to pay for any work that is unsatisfactory as determined by OWNER or which is not submitted in compliance with the terms of this AGREEMENT. 3.3 OWNER will not be required to make any payments to the ENGINEER, when the ENGINEER is in default under this AGREEMENT, nor shall this paragraph constitute a waiver of any right, at law or in equity, which OWNER may have if the ENGINEER is in default, including the right to bring legal action for damages or for specific performance of this AGREEMENT. Waiver of any default under this AGREEMENT shall not be deemed a waiver of any subsequent default. 3.4 Nothing contained herein shall be construed as authorizing additional fees for services to complete actions not specifically listed for successful completion of the work. The total amount of compensation set forth in “Exhibit B” shall not be exceeded without the prior written consent of the OWNER.

Payments to the Engineer. 3.1 Payments for performance of the SERVICES contemplated by this AGREEMENT shall be in the amount and in accordance with the provisions set forth in “Exhibit BC”. 3.2 Nothing contained in the AGREEMENT shall require OWNER to pay for any work that is unsatisfactory as determined by OWNER or which is not submitted in compliance with the terms of this AGREEMENT. 3.3 OWNER will not be required to make any payments to the ENGINEER, when the ENGINEER is in default under this AGREEMENT, nor shall this paragraph constitute a waiver of any right, at law or in equity, which OWNER may have if the ENGINEER is in default, including the right to bring legal action for damages or for specific performance of this AGREEMENT. Waiver of any default under this AGREEMENT shall not be deemed a waiver of any subsequent default. 3.4 Nothing contained herein shall be construed as authorizing additional fees for services to complete actions not specifically listed for successful completion of the work. The total amount of compensation set forth in “Exhibit B” shall not be exceeded without the prior written consent of the OWNER.

Payments to the Engineer. 3.1 Payments for performance of the SERVICES contemplated by this AGREEMENT shall be in the amount and in accordance with the provisions set forth in “Exhibit B”. 3.2 Nothing contained in the AGREEMENT shall require OWNER BRA to pay for any work that is unsatisfactory as determined by OWNER BRA or which is not submitted in compliance with the terms of this AGREEMENT. 3.3 OWNER BRA will not be required to make any payments to the ENGINEER, when the ENGINEER is in default under this AGREEMENT, nor shall this paragraph constitute a waiver of any right, at law or in equity, which OWNER BRA may have if the ENGINEER is in default, including the right to bring legal action for damages or for specific performance of this AGREEMENT. Waiver of any default under this AGREEMENT shall not be deemed a waiver of any subsequent default. 3.4 Nothing contained herein shall be construed as authorizing additional fees for services to complete actions not specifically listed for successful completion of the workSERVICES. The total amount of compensation set forth in “Exhibit B” shall not be exceeded without the prior written consent of the OWNERBRA.

Payments to the Engineer. 3.1 Payments for performance of the SERVICES contemplated by this AGREEMENT shall be in the amount and in accordance with the provisions set forth in “Exhibit BC”. 3.2 Nothing contained in the AGREEMENT shall require OWNER to pay for any work that is unsatisfactory as determined by OWNER or which is not submitted in compliance with the terms of this AGREEMENT. 3.3 OWNER will not be required to make any payments to the ENGINEER, when the ENGINEER is in default under this AGREEMENT, nor shall this paragraph constitute a waiver of any right, at law or in equity, which OWNER may have if the ENGINEER is in default, including the right to bring legal action for damages or for specific performance of this AGREEMENT. Waiver of any default under this AGREEMENT shall not be deemed a waiver of any subsequent default. 3.4 Nothing contained herein shall be construed as authorizing additional fees for services to complete actions not specifically listed for successful completion of the work. The total amount of compensation set forth in “Exhibit BC” shall not be exceeded without the prior written consent of the OWNER.