Common use of Reimbursement and Payment Provisions Clause in Contracts

Reimbursement and Payment Provisions. 1. The cost of the Independent Reviewer(s), including the cost of any consultants to the Reviewer(s), shall be borne by the State in this action. All reasonable expenses incurred by the Independent Reviewer(s) in the course of the performance of the duties of an Independent Reviewer shall be reimbursed by the State in accordance with State regulations, and shall be paid no later than 30 days after submission. The Court retains the authority to resolve any dispute that may arise regarding the reasonableness of fees and costs charged by the Independent Reviewer(s). The United States will bear its own expenses in this matter. 2. The State shall deposit $100,000.00 into the Registry of the Court as interim payment of costs incurred by the Independent Reviewer(s). This deposit and all other deposits pursuant to this Order shall be held in the Court Registry Investment System and shall be subject to the standard registry fee imposed on depositors. The Independent Reviewer(s) shall submit monthly statements to the Court, with copies to the Parties, detailing all expenses the Independent Reviewer(s) incurred during the prior month. The Court shall order the clerk to make payments to the Independent Reviewer(s). The clerk shall make those payments within 10 days of the entry of the Order directing payment. Within 45 days of the entry of each Order directing payment, the State shall replenish the fund with the full amount paid by the clerk in order to restore the fund’s total to $100,000.00. 3. The Independent Reviewer(s) shall not enter into any contract with the State while serving as an Independent Reviewer. If an Independent Reviewer resigns from his or her position as Independent Reviewer, the former Independent Reviewer may not enter into any contract with the State on a matter related to this Agreement without the written consent of the United States while this Agreement remains in effect. 4. Nothing in this provision shall be interpreted as altering the role of the Independent Reviewer(s). The parties agree that an Independent Reviewer is not an agent of the Court, nor does an Independent Reviewer have any authority to act on behalf of the Court.