Common use of Upset Cost Limit Clause in Contracts

Upset Cost Limit. (a) The Engineer shall be paid a fee, calculated on a time basis, for the Services. (b) Included in the fee, the Engineer shall be reimbursed at cost plus an administrative charge of % for all reasonable expenses properly incurred by them in connection with the Services, including but not limited to: vehicle use charges, traveling and living expenses, long distance telephone charges, report production costs, photography, special delivery charges, supplies and equipment, field equipment costs, laboratory costs. Computer and office charges are considered part of overhead and shall not be invoiced as disbursements. (c) Notwithstanding Subsections (a) and (b) of this Section, the total fees and disbursements paid by the Client to the Engineer for the Services shall not exceed the total upset amount of $ _ plus, applicable taxes made up as follows: (i) $ plus, applicable taxes for Core Services as described in Schedule A; and, (ii) $ plus, applicable taxes as a Contingency Allowance for Additional Services that may be required but are not included in Schedule A. (d) Notwithstanding Subsections (a) and (b) of this Section, the Client, at its sole discretion, may limit the fees and disbursements paid by the Client to the percentage equivalent to the project complete in the opinion of the Client. (e) The Engineer must request and receive the written approval of the Client before any Additional Services are carried out that are not included in Schedule A. The Engineer shall not be entitled to any payment from the Contingency Allowance unless the Engineer has satisfied this condition. When approving Additional Services that are not included in Schedule A, the Client, at its sole discretion, may, in writing, set a limit on the monies from the Contingency Allowance that may be permitted for the requested Additional Services.

Upset Cost Limit. (a) The Engineer shall be paid a fee, calculated on a time basis, for the Services. (b) Included in the fee, the Engineer shall be reimbursed at cost plus an administrative charge of % for all reasonable expenses properly incurred by them in connection with the Services, including but not limited to: vehicle use charges, traveling and living expenses, long distance telephone charges, report production costs, photography, special delivery charges, supplies and equipment, field equipment costs, laboratory costs. Computer and office charges are considered part of overhead and shall not be invoiced as disbursements. (c) Notwithstanding Subsections (a) and (b) of this Section, the total fees and disbursements paid by the Client to the Engineer for the Services shall not exceed the total upset amount of $ _ plus, applicable taxes made up as follows: (i) $ plus, applicable taxes for Core Services as described in Schedule A; and, (ii) $ plus, applicable taxes as a Contingency Allowance for Additional Services that may be required but are not included in Schedule A. (d) Notwithstanding Subsections (a) and (b) of this Section, the Client, at its sole discretion, may limit the fees and disbursements paid by the Client to the percentage equivalent to the project complete in the opinion of the Client. (e) The Engineer must request and receive the written approval of the Client before any Additional Services are carried out that are not included in Schedule A. The Engineer shall not be entitled to any payment from the Contingency Allowance unless the Engineer has satisfied this condition. When approving Additional Services that are not included in Schedule A, the Client, at its sole discretion, may, in writing, set a limit on the monies from the Contingency Allowance that may be permitted for the requested Additional Services. 3.2.4 Reimbursable Expenses – Apply to 3.2.1. through 3.2.3. and shall be included in 3.2.5. In addition to the fee, the Engineer shall be reimbursed at cost plus an administrative charge of %, for all expenses and disbursements properly incurred by the Engineer in connection with the project.

Upset Cost Limit. (a) The Engineer Consultant shall be paid a fee, calculated on a time basis, for the Services. (b) Included in In addition to the fee, the Engineer Consultant shall be reimbursed at cost plus an administrative charge of 5% for all reasonable expenses properly incurred by them in connection with the Services, including but not limited to: vehicle use charges, traveling and living expenses, long distance telephone charges, report production costs, photography, special delivery charges, supplies and equipment, field equipment costs, laboratory costs. Computer and office charges are considered part of overhead and shall not be invoiced as disbursements. (c) Notwithstanding Subsections (a) and (b) of this Section, the total fees and disbursements paid by the Client to the Engineer Consultant for the Services shall not exceed the total upset amount of $ _ plus, $346,476.00 plus applicable taxes made up as follows: (i) $ plus, $346,476.00 plus applicable taxes for Core Services as described in Schedule A; and, (ii) $ plus, $0.00 plus applicable taxes as a Contingency Allowance for Additional Services that may be required but are not included in Schedule A. (d) Notwithstanding Subsections (a) and (b) of this Section, the Client, at its sole discretion, may limit the fees and disbursements paid by the Client to the percentage equivalent to the project complete in the opinion of the Client. (e) The Engineer Consultant must request and receive the written approval of the Client before any Additional Services are carried out that are not included in Schedule A. The Engineer Consultant shall not be entitled to any payment from the Contingency Allowance unless the Engineer Consultant has satisfied this condition. When approving Additional Services that are not included in Schedule A, the Client, at its sole discretion, may, in writing, set a limit on the monies from the Contingency Allowance that may be permitted for the requested Additional Services.