SUPPLEMENTAL PAYMENT LIMITATION Clause Samples
The Supplemental Payment Limitation clause sets a maximum cap on additional payments that may be made beyond the base contract amount. In practice, this clause restricts the total value of extra compensation—such as for change orders, unforeseen work, or adjustments—to a specified limit, regardless of the circumstances. Its core function is to control financial exposure and prevent cost overruns by ensuring that supplemental payments do not exceed an agreed-upon threshold.
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SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
A. the total of the Supplemental Payments made pursuant to this Article shall not exceed, for any calendar year of this Agreement, an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in
SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
A. the total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application;
B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
C. the limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–
SUPPLEMENTAL PAYMENT LIMITATION. A. Notwithstanding the foregoing, the total annual supplement payment made pursuant to this Article IV shall:
i. not exceed in any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 42.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year; and
ii. only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
B. This limitation does not apply to amounts described by Section 313.027(f)(1)-(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement.
C. For purposes of this Agreement, the amount of the Annual Limit shall be $471,200.00 based upon the District’s 2014-2015 Average Daily Attendance of 4,712, rounded to the whole number.
SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
A. the total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application;
B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
C. the limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement.
D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 of the TEXAS EDUCATION CODE, based upon the District’s Average Daily Attendance for the previous school year.
SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
A. the total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application;
B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
C. the limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement.
D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 of the TEXAS EDUCATION CODE, based upon an amount no less than the 2020-2021 Average Daily Attendance of 1698, rounded to the whole number.
E. If the Applicant notifies the District in writing that it will not commence construction of the Applicant’s Qualified Investment, then the Applicant shall have no obligation to pay any Supplemental Payment otherwise due for any Tax Year commencing after the date the Applicant provides such written notification to the District.
SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
A. The total of the Supplemental Payments made pursuant to this Article shall not exceed, for any calendar year of this Agreement, an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in Average Daily Attendance, as defined by Section 48.005 of the TEXAS EDUCATION CODE, or any other statutory provision as well as any amendment or successor statute to these provisions, as applicable, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C. and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Applicant.
B. Supplemental Payments may only be made during the period starting with the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
C. The limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the TEXAS TAX CODE as implemented in Articles IV and V of this Agreement.
D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of (i) $50,000 or (ii) $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 of the TEXAS EDUCATION CODE, based upon the District’s 2018-19 Average Daily Attendance of 40,364, rounded to the whole number.
SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
SUPPLEMENTAL PAYMENT LIMITATION. Notwithstanding the foregoing:
A. The total of the Supplemental Payments made pursuant to this Article shall not exceed for any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 48.005 of the Texas Education Code, or Fifty Thousand Dollars ($50,000.00) per year times the number of years beginning with the first complete or partial year of the Qualifying Time Period identified in Section 2.3.C and ending with the year for which the Supplemental Payment is being calculated minus all Supplemental Payments previously made by the Application;
B. Supplemental Payments may only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
C. The limitation in Section 6.2.A does not apply to amounts described by Section 313.027(f)(1)–(2) of the Texas Tax Code as implemented in Articles IV and V of this Agreement.
D. For purposes of this Agreement, the calculation of the limit of the annual Supplemental Payment shall be the greater of $50,000 or $100 multiplied by the District’s Average Daily Attendance as calculated pursuant to Section 48.005 of the TEXAS EDUCATION CODE, based upon the District’s Average Daily Attendance for the previous school year.
SUPPLEMENTAL PAYMENT LIMITATION. In any year during the term of this Agreement, the District shall not be entitled to receive Supplemental Payments that exceed the lesser of:
SUPPLEMENTAL PAYMENT LIMITATION. A. Notwithstanding the foregoing, the total annual supplement payment made pursuant to this article shall:
i. not exceed in any calendar year of this Agreement an amount equal to the greater of One Hundred Dollars ($100.00) per student per year in average daily attendance, as defined by Section 42.005 of the TEXAS EDUCATION CODE, or Fifty Thousand Dollars ($50,000.00) per year; and
ii. only be made during the period starting the first year of the Qualifying Time Period and ending December 31 of the third year following the end of the Tax Limitation Period.
B. This limitation does not apply to amounts described by Section 313.027(f)(1)-(2) of the TEXAS TAX CODE as implemented in Articles Iv and V of this Agreement.
C. For purposes of this Agreement, the amount of the Annual Limit shall be Three Hundred Eighty-Six Thousand Twenty Three Dollars ($386,000.00) based upon the District’s 2014-15 Average Daily Attendance of 3,860, rounded to the whole number.