Common use of Revision of Basic Services Compensation Clause in Contracts

Revision of Basic Services Compensation. 9.1.2.1 Notwithstanding the foregoing or Section 10.1.1, when any phase or phases of the A/E's Basic Services are deleted or otherwise not performed, or any portion of a phase, or any portion of the scope of the A/E’s Basic Services are deleted or otherwise not performed, or at HISD’s sole discretion the project scope is increased or reduced from the scope of services described in Article 13, or if individual sites are added or deleted, then the fixed compensation for such portions of the A/E's Basic Services shall be payable based on the amount or proportion of services actually performed as determined by HISD, and subject to prior approval of the HISD Board of Education (“Board”). 9.1.2.2 Notwithstanding anything in this Agreement to the contrary, any increase in the Construction Budget as set forth in Section 5.1.2, and increase in A/E’s fees as set forth in Section 9.1.1, shall not be effective unless such increase(s) are approved by the HISD Board. Any such increase(s) that may be agreed to by HISD staff prior to Board approval shall be null and void and shall not be binding on HISD. A/E shall not have a claim, either contractually or by quantum merit, for any services rendered prior to any such increase approval(s) by the Board. If the A/E attempts to receive or receives an agreement modification or amendment from a district employee who is not authorized to make changes, the A/E does this at its own risk or peril and risks termination of the Agreement for cause.