RETENTION FROM EARNED COMPENSATION. 25 The COUNTY is entitled to and may withhold a five percent (5%) retention from the 26 earned compensation of the CONSULTANT separately for each project. Such retention from 27 earned compensation may, at the COUNTY'S option, be applied to all phases of the consultant 28 services of a project to be provided under this Agreement, including those phases completed.

RETENTION FROM EARNED COMPENSATION. 19 In addition to any amounts withheld under Article III, the CONSULTANT agrees that 20 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five 21 percent (5%) retention from the earned compensation of the CONSULTANT. If the 22 CONTRACT ADMINISTRATOR determines that retention will be withheld for a PROJECT, 23 the CONTRACT ADMINISTRATOR will so state in writing prior to commencement of the 24 PROJECT by the CONSULTANT and will identify the PROJECT-specific prerequisites 25 (such as successful completion of a PROJECT phase, as an example) for the release of 26 retentions.

RETENTION FROM EARNED COMPENSATION. 12 No retainage will be withheld by the COUNTY from the APPRAISER’S payment(s). 13 Retainage by the APPRAISER or subconsultants is prohibited, and no retainage will be 14 held by the APPRAISER from progress due subconsultants. Any violation of this provision 15 shall subject the violating the APPRAISER or subconsultants to the penalties, sanctions, 16 and other remedies specified in Business and Professions Code §7108.5. This 17 requirement shall not be construed to limit or impair any contractual, administrative, or 18 judicial remedies, otherwise available to the APPRAISER or subconsultant in the event of a 19 dispute involving late payment or nonpayment by the APPRAISER or deficient 20 subconsultant performance, or noncompliance by a subconsultant. This provision applies 21 to both DBE and non-DBE APPRAISERS and subconsultants.

RETENTION FROM EARNED COMPENSATION. 26 A. In addition to any amounts withheld under Article III, COUNTY is 27 entitled to withhold a ten percent (10%) retention from the earned compensation of 1 CONSULTANT and except as otherwise provided herein, such retention shall be applied 2 to all CONSULTANT services performed under AGREEMENT, including Extra Services. 3 Provided, however, that COUNTY’S Director of Public Works and Planning or his 4 designee has the option to dispense with the requirement to withhold retentions as to 5 any CONSULTANT service(s) specifically designated by the COUNTY’S Director of 6 Public Works and Planning or his designee, in his sole and absolute discretion, as 7 exempt from such requirement for the purposes of this AGREEMENT. 8 B. At the request and expense of CONSULTANT, securities equivalent 9 to the amount withheld shall be deposited with COUNTY or with a state or federally 10 chartered bank in California as the escrow agent, in accordance with Section 22300 of 11 the California Public Contract Code, attached hereto as Appendix F and incorporated 12 herein, which provides for the substitution of securities for any moneys withheld by a 13 public agency to ensure performance under a contract. 14 C. Unless released earlier in accordance with the provisions in Article 15 VII, Section A, when the project contract has been satisfactorily executed to the eighty 16 percent (80%) point of completion without major pending claims, disputes or other 17 matters in question between the parties, COUNTY’S Director of Public Works and 18 Planning or his designee may, at its discretion, reduce the retention from ten percent 19 (10%) to five percent (5%), and the resulting surplus funds, less any current phase or 20 Extra Service retention, will be paid by COUNTY to CONSULTANT at that time. The 21 final retention of five percent (5%) will be paid in accordance with the payment provisions 22 of AGREEMENT and upon receipt of proper invoice, forty-five (45) days after completion 23 of all of CONSULTANT’S obligations under AGREEMENT, including the resolution of all 24 claims and disputes between COUNTY and CONSULTANT.

RETENTION FROM EARNED COMPENSATION. No retainage will be withheld by the 18 COUNTY from the Consultant’s payment(s). Retainage by the Consultant or subconsultants is 19 prohibited, and no retainage will be held by the Consultant from progress due subconsultants. 20 Any violation of this provision shall subject the violating the Consultant or subconsultants to the 21 penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. 22 This requirement shall not be construed to limit or impair any contractual, administrative, or 23 judicial remedies, otherwise available to the Consultant or subconsultant in the event of a 24 dispute involving late payment or nonpayment by the Consultant or deficient subconsultant 25 performance, or noncompliance by a subconsultant. This provision applies to both DBE and 26 non-DBE Consultants and subconsultants. 27 28 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1

RETENTION FROM EARNED COMPENSATION. 23 COUNTY is entitled to and shall withhold a ten percent (10%) 24 retention from the earned compensation of the CONSULTANT. Such 25 retention from earned compensation shall be applied to all phases 26 of the consultant services to be provided under this Agreement, 27 including Extra Services. Provided, however, that COUNTY has the 28 option to dispense with the requirement to withhold retentions as 1 to any CONSULTANT service(s) specifically designated by the COUNTY 2 Capital Projects Division Manager or COUNTY Project Manager, in 3 his/her sole and absolute discretion, as exempt from such 4 requirement for the purposes of this Agreement. Retentions will be 5 released after the satisfactory completion of the scope of services 6 upon receipt of an invoice for retentions by COUNTY.

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DEDUCTION FROM SALARY A. The Board agrees to deduct from the salaries of its employees dues for the Flemington-Raritan Education Association, Hunterdon County Education Association, the New Jersey Education Association, and the National Education Association, as said teachers individually and voluntarily authorize the Board to deduct. Said deductions shall be made in compliance with N.J.S.A. 52-14-15.9(e) and under rules established by the State Department of Education. Said moneys, together with records of any corrections, shall be transmitted to the Treasurer of the Flemington-Raritan Education Association by the 15th of each month following the monthly pay period in which deductions were made. Upon termination of employment of any teacher, the disbursing officer shall deduct any remaining amount due for that current school year. The Association Treasurer shall disburse such moneys to the appropriate association or associations. Teacher authorizations shall be in writing in the form set forth: Name Soc. Sec. # School Bldg. District To: Disbursing Officer Board of Education I hereby request and authorize the above-named disbursing officer to deduct from my earnings an amount sufficient to provide for the payment of those yearly membership dues, as certified by the organizations indicated, in equal monthly payments for all or part of the current school year and for the succeeding school year. I understand that the disbursing officer will discontinue such deductions only if I file such notice of withdrawal which shall be effective to halt deductions as of the January 1st or July 1st date. I also agree that upon termination of employment, the disbursing officer shall deduct any remaining amount due for that current school year. I hereby waive all right and claim for said moneys so deducted and transmitted in accordance with this authorization, and relieve the governing Board and all its officers from any liability thereof. I designate the Flemington-Raritan Education Association to receive dues and distribute according to the organizations named: Flemington-Raritan Education Association $ Hunterdon County Education Association $ New Jersey Education Association $ National Education Association $ B. The Association shall certify to the Board, in writing, the current rate of its membership dues. C. Additional authorizations for dues deductions may be received after August 1st under rules established by the State Department of Education. D. The filing of notice of teacher’s withdrawal shall be prior to December 1st to become effective to halt deductions as of January 1st, and June 1st to become effective to halt deductions July 1st next succeeding the date on which notice of withdrawal is filed. By September 15th of each school year, upon request of a teacher, any portion of the teacher’s salary, as designated, shall be deducted semi-monthly and forwarded monthly to the Hunterdon County School Employees Federal Credit Union in that teacher’s name.
Separation from Employment You will, upon separation from employment with the Company and its subsidiaries for any reason (such as termination, resignation, death or disability) (each, a “Separation”), receive such salary and other benefits as have accrued as of the date and time of Separation, and as may otherwise be required by law, as well as such Salary, bonuses and benefits as may be due and owing under this Agreement. Notwithstanding the forgoing, in the event that the Company determines in good faith that your Separation is not considered a “separation from service” under Treasury Regulation § 1.409A-1(h) because (a) you have not separated but have changed status to a part time employee, consultant or independent contractor performing more than 20% of the average level of bona fide services (whether as an employee, consultant or independent contractor) you performed over the immediately preceding 36-month period, or (b) you are continuing employment with another entity that is considered a single entity with the Company (“Employer Group”) under Section 414(b) or (c) of the Internal Revenue Code of 1986, as amended (the “Code”), any Severance Benefits to which you may be entitled under other provisions of this Agreement shall begin immediately when your status changes such that the Company determines that you have “separated from service” under Treasury Regulation § 1.409A-1(h). For this purpose, service performed as an employee or as an independent contractor is counted, except that service as a member of the board of directors of a member of the Employer Group is not counted unless termination benefits under this Agreement are aggregated for purposes of Section 409A of the Code with benefits under any other Employer Group plan or agreement in which you also participate as a director. Notwithstanding any provisions of this Agreement to the contrary, if you are a “specified employee” (within the meaning of Section 409A of the Code and determined pursuant to procedures adopted by the Company) at the time of your separation from service and if any portion of the payments or benefits to be received by you upon separation from service would be considered deferred compensation under Section 409A of the Code, amounts that would otherwise be payable pursuant to this Agreement during the six-month period immediately following your separation from service shall instead be paid or made available, with interest at the Wall Street Journal prime rate as of the date of separation from service, on the earlier of (i) the first business day of the seventh month following the date of your separation from service or (ii) your death.
Final Compensation Final Compensation for an employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 15, 2011, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment. Final Compensation for an employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 15, 2011, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.
Employees' Compensation The Consultant shall be solely responsible for the following:
Separation from Service A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.
Retirement Bonus 22:01 Employees retiring in accordance with the following:‌ (a) Retire at age sixty-five (65) years; or (b) Retire after age sixty-five (65) years; or (c) Have completed at least ten (10) years continuous employment and retire after age fifty-five (55) years but before age sixty-five (65) years; (d) Employees who have completed at least ten (10) years continuous service with the Employer, whose age plus years of that service equal eighty (80); shall be granted retirement bonus on the basis of four (4) days per year of employment.
Termination Compensation Termination Compensation equal to two (2) times the Executive's Base Period Income shall be paid to the Executive in a single sum payment in cash on the thirtieth (30th) business day after the later of (a) the Control Change Date and (b) the date of the Executive's employment termination; provided that if at the time of the Executive's termination of employment the Executive is a Specified Employee, then payment of the Termination Compensation to the Executive shall be made on the first day of the seventh (7th) month following the Executive's employment termination.
Payment of Compensation Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
REFUND OF UNEARNED COMPENSATION The Party of the Second Part agrees to refund the Party of the First Part any compensation received for which no services were rendered. TERMINATION: This contract may be terminated by either party pursuant to law. OTHER CONDITIONS: Any subsequent contracts shall supersede the provisions of this contract. PARTIES: The Fort Xxxxx School District 100, Party of the First Part, and XXXXX XXXXX XXXXX Party of the Second Part, agree as follows:
Extra Compensation The Board shall pay no fees, other than described above, to the PA/E unless authorized by the Board as follows: A. If the scope of the Project or site is changed, the Board and the PA/E shall negotiate a reasonable fee based upon the probable estimated construction cost in changing the scope of the work and the approximate percentage of the estimated construction cost which was used to negotiate this Agreement if, and, as such may be applicable. B. If the DOE or Board requires the PA/E to make major or costly changes to the Schematic, Preliminary or Construction Document Phase submittals, which changes are not caused by architectural or engineering error or oversight, the PA/E shall be paid to redesign for additional expenses in an amount agreed to by the parties. Under no circumstances will the principals of the PA/E and the principals of his consultants be paid a fee in excess of $125.00 per hour.

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