Common use of When Not Paid by DFCM Clause in Contracts

When Not Paid by DFCM. Notwithstanding anything to the contrary in this Agreement, DFCM shall not be responsible to pay and the DESIGN/BUILD TEAM shall not be entitled to receive, compensation for any Contingent Additional Services if such services were required due to the fault of the DESIGN/BUILD TEAM or the DESIGN/BUILD TEAM's failure to perform in accordance with the terms of this Agreement. Notwithstanding this, there shall be no right to payment for additional services or contingent additional services if such services are not approved in advance by DFCM in writing.