Adjustments in Fee Clause Samples

Adjustments in Fee. 9.2.1 Adjustments in fee shall be made as follows: If, after the total Guaranteed Maximum Price is accepted, in writing, by the Principal Representative, the Principal Representative directs additions to or other changes made in the Work, the Construction Manager's fee shall be adjusted as follows: .1 If the changes in the aggregate increase the total Guaranteed Maximum Price by six percent (6%) or less, there shall be no change made to the fee exclusive of Construction Manager’s actual cost increases for bonds and insurance. Construction Manager to submit fully executed copies of insurance and bonds which reflect the full amount of the contract sum incorporating the changes to the Work along with any request for additional fees to the Principal Representative for approval. .2 If the changes in the aggregate increase the total Guaranteed Maximum Price by more than six percent (6%), there shall be no change to the fee for the first six percent (6%) and the fee for any and all other changes in the Work in excess of one hundred six percent (106%) of the total Guaranteed Maximum Price shall be calculated at the rate of FOUR percent (4%) (plus appropriate General Condition costs) of the estimated cost of such work and shall be agreed upon between the Construction Manager and the Principal Representative as a fixed fee for the effect of the change (or changes), prior to starting the changed work. The adjustments stated above shall only be deemed valid after the Principal Representative accepts the adjustments in writing and, are the only adjustments to the fee that shall be granted for changes authorized to the GMP. Adjustments to these fees beyond these values shall not be granted. However, General Condition costs directly attributable to time extensions may be charged in accordance with the provisions of paragraphs 6.4.1 through 6.4.5. 9.2.2 The Construction Manager shall also be paid an additional fee at the rate as set forth in paragraph 9.2.1.2 if the Construction Manager is placed in charge of the reconstruction of any insured loss, and the six percent (6%) limitation in paragraph 9. 2.1.1 shall not apply thereto. 9.2.3 If there is a material reduction in the scope of work greater than fifteen percent (15%) of the Fixed Limit of Construction Cost, the Principal Representative reserves the right to negotiate an equitable reduction in the Construction Phase fee and the General Conditions.
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Adjustments in Fee. For changes in the project as provided in Article 10, the construction phase fee shall be adjusted as follows for each Activation or Construction Authorization: 1. The Owner retains the right to review the need for any employees assigned by the Construction Manager and any other fees or construction work at any time during the project. Changes in the GMP, schedule or other fees as outlined in Article 10 may result in adjustments to the Construction Phase Fee by the Owner with the Construction Manager. 2. The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused in whole or in part from negligent acts by the Construction Manager or its subcontractors or suppliers of any tier. 3. In the event the scope of work is reduced or after the work is completed, any unused contingency amount is returned to the Owner, the Construction Manager’s Fees will be reduced using the established Construction Manager’s Fee percentage times the amount of the direct work scope reduction and/or the reduction in contingency. 4. Construction Manager’s Exclusive Remedy: In the event the construction Substantial or Final Completion date is extended in accordance with section 10.2, regardless of whether delay is caused by any act or neglect of the Owner or the Architect/Engineer, or is attributable to the Owner or the Architect/Engineer, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date. For Compensable Excusable Delays as outlined in 10.2.1 D the Construction Manager may be entitled to additional payment outlined as follows: the Construction Manager's Additional Construction Phase Fee will be adjusted by dividing the original fee by the number of original contract days multiplied by the number of days delayed, assuming the Construction Manager continues with the contractual obligations of on-site staff.
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Adjustments in Fee. For changes in the project as provided herein, the construction phase fee shall be adjusted as follows: (a) Contractor shall be paid an additional fee subject to negotiation if Contractor is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by Contractor. Should the duration of the construction stipulated herein for Final Completion extend beyond the original duration due to no fault of Contractor, Contractor's Additional Construction Phase Fee will be adjusted by dividing the original fee by the number of original contract days multiplied by the number of days delayed. Contractor will not be due any additional Overhead and Profit on increases in the Guaranteed Maximum Price (GMP) that do not exceed 5%. Should the GMP be increased by more than 5%, due to no fault of Contractor, Contractor's additional Overhead and Profit for the Construction Phase will be five percent of that portion of the accumulative increases in the GMP that exceed the GMP by more than 5%.
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Adjustments in Fee. For changes in the Project as provided in Article 10, the construction phase fee shall be adjusted as follows for each Activation or Construction Authorization: 1. The Owner retains the right to review the need for any employees assigned by the Construction Manager and any other fees or construction work at any time during the Project. Changes in the GMP, schedule or other fees as outlined in Article 10 may result in adjustments to the Construction Phase Fee by the Owner with the Construction Manager. 2. In the event the scope of work is reduced or after the Project is completed, any unused contingency amount is returned to the Owner, the Construction Manager’s Fees will be reduced using the established Construction Manager’s Fee percentage times the amount of the direct work scope reduction and/or the reduction in contingency. 3. Construction Manager’s Exclusive Remedy: In the event the construction Substantial or Final Completion date is extended in accordance with section 10.2, regardless of whether delay is caused by any act or neglect of the Owner or the Architect/Engineer, or is attributable to the Owner or the Architect/Engineer, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date. For Compensable Excusable Delays as outlined in 10.2.1 D the Construction Manager may be entitled to a reasonable negotiated amount due to impact.
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Adjustments in Fee. For changes in the Project as provided in Article 10, the construction phase fee shall be adjusted as follows: (a) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager. (b) Should the duration of the construction stipulated herein for Final Completion extend beyond (Construction Time) months after the Notice-To-Proceed, receipt of final drawings and specifications, or receipt of all necessary permits, whichever is later, due to no fault of the Construction Manager, the Construction Manager's Additional Construction Phase Fee will be $Amount per working day, for each day or portion thereof. (c) The Construction Manager will not be due any additional Overhead and Profit on increases in the Guaranteed Maximum Price (GMP) that do not exceed (Timeframe). Should the GMP be increased by more than (Timeframe) under the terms of Article 10 hereinafter due to no fault of the Construction Manager, the Construction Manager's additional Overhead and Profit for the Construction Phase will be «Percent» of that portion of the accumulative increases in the GMP that exceed the GMP by more than (Timeframe).
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Adjustments in Fee. For changes in the Project as provided in Article 10, the Construction Staffing Fee shall be adjusted as follows: (a) The Construction Manager shall be paid an additional fee, subject to negotiation, if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss, excluding any condition that may have been caused from negligent acts by the Construction Manager. (b) The Construction Staffing Fee commences when the Owner issues the Notice to Proceed on Site. Should the duration of the construction stipulated herein for Final Completion extend beyond «FinalCompMonths» months after the Notice-To-Proceed, receipt of final drawings and specifications, or receipt of all necessary permits, whichever is later, due to no fault of the Construction Manager, the Construction Manager's additional Construction Staffing Fee shall not exceed and will be «AddConPhaseFee» per working day, for each day or portion thereof, subject to negotiation. Exhibit J, Notice to Proceed, attached hereto and made a part hereof by reference, is shown as an example. (c) Should the Guaranteed Maximum Price be increased under the terms of Article 10, referenced hereinafter, due to no fault of the Construction Manager, the Construction Manager's additional Overhead and Profit for the Construction Phase will be «Percent» of that portion of the accumulative increases in the Guaranteed Maximum Price that exceed the Guaranteed Maximum Price.
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Adjustments in Fee. For changes in a Project as provided in Article 9, the construction phase fee for the Project shall be adjusted as follows: The Construction Manager shall be paid an additional fee subject to negotiation with the Owner if the Construction Manager is placed in charge of reconstruction of an uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager, its employees, agents, subcontractors and others for whom Construction Manager may be responsible. Should the duration of the construction of a Project stipulated herein for final completion of a Project extend beyond the scheduled completion of the Project as set forth in the Project GMP, due to no fault of the Construction Manager or its subcontractors, the Construction Manager's Additional Construction Phase Fee will be negotiated and set forth as an adjustment to in the Project GMP on a per working day basis. The Construction Manager's staff during such time extensions shall be established and set forth in the Project GMP.
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Adjustments in Fee. Adjustments in the Construction Phase Fee shall be made as follows: If, after the total Guaranteed Maximum Price is accepted, in writing, by the Principal Representative, the Principal Representative directs additions to or other changes made in the Work, the Construction Manager’s fee shall be adjusted as follows:
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Related to Adjustments in Fee

  • Adjustments to Fees Notwithstanding any of the fee limitations set forth in this Article 6, commencing upon the expiration of the first year of this Agreement, and upon the expiration of each year thereafter during the Term, the then-­‐current fees set forth in Section 6.1 and Section 6.3 may be adjusted, at ICANN’s discretion, by a percentage equal to the percentage change, if any, in (i) the Consumer Price Index for All Urban Consumers, U.S. City Average (1982-­‐1984 = 100) published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index (the “CPI”) for the month which is one (1) month prior to the commencement of the applicable year, over (ii) the CPI published for the month which is one (1) month prior to the commencement of the immediately prior year. In the event of any such increase, ICANN shall provide notice to Registry Operator specifying the amount of such adjustment. Any fee adjustment under this Section 6.5 shall be effective as of the first day of the first calendar quarter following at least thirty (30) days after ICANN’s delivery to Registry Operator of such fee adjustment notice.

  • Adjustments to the Purchase Price (a) To determine the Adjusted Purchase Price in accordance in accordance with Section 3.5, the Preliminary Purchase Price shall be reduced or increased (subject to the limitations provided below), as applicable, by the aggregate amount, if any, by which the Adjusted Net Working Capital (as defined below) of the Companies as of the close of business on the Closing Date and immediately prior to the Dissolution is less than or greater than $3,183,257. For purposes of this Agreement, the term "Adjusted Net Working Capital" means (i) the sum of ---------------------------- (A) cash, (B) accounts receivable, net of allowance for doubtful accounts, (C) prepaid expenses, and (D) other current assets, less (ii) the sum of (A) accounts payable, (B) accrued expenses, and (C) income tax payable, each component of which will be calculated using the same methodology as was used in preparing the combined consolidating balance sheets of the Companies as of March 31, 1998 in the offering memorandum provided to Seller in connection with the Stock Purchase Agreement, with certain agreed upon adjustments. For the purposes of this calculation, amounts relating to gains on the sale or other disposition of assets after December 31, 1998 (whether reflected on the balance sheets of the Companies as an increase in cash or other assets, or a decrease in liabilities, or otherwise) shall be excluded and an amount equal thereto shall be deducted in calculating Adjusted Net Working Capital. Notwithstanding the foregoing, Buyer shall be credited, as a reduction in the Adjusted Purchase Price, with the positive amount, if any, equal to (i) (A) the amount of Adjusted Net Working Capital on the Closing Date, (B) plus an amount equal to any employee bonuses paid by the Companies after March 31, 1999, (C) plus an amount equal to any payments or charges after March 31, 1999 for attorneys' fees and expenses, accountants' fees and expenses and investment bankers' fees and expenses, including without limitation relating to the Stock Purchase Agreement, this Agreement, the transactions contemplated hereby and thereby and the settlement of the matter described in Schedule 4.14, item 7, and, without ------------- limitation, any other payments, expenses or charges not in the ordinary course of business or extraordinary in nature after ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇) plus an amount equal to the principal portion of any payments of Indebtedness after March 31, 1999, and (E) minus an amount equal to any increase in Adjusted Net Working Capital resulting from the payment after March 31, 1999 of the receivable from Safety Shorts, Inc. previously thought to be uncollectible, minus (ii) the amount of Adjusted Net Working Capital on March 31, 1999. The purpose of the foregoing sentence is to place the parties in the same economic position as if the Closing had occurred on March 31, 1999.

  • Adjustments to Purchase Price (a) For purposes of determining the amounts of the adjustments to the Purchase Price provided for in this Section 2.4, the principles set forth in this Section 2.4(a) shall apply. Buyer shall be entitled to all production of Hydrocarbons from or attributable to the Units, Leases, and ▇▇▇▇▇ at and after the Effective Time (and all products and proceeds attributable thereto), and to all other income, proceeds, receipts and credits earned with respect to the Assets at or after the Effective Time, and shall be responsible for (and entitled to any refunds with respect to) all Operating Expenses incurred at and after the Effective Time. SM Energy shall be entitled to all Hydrocarbon production from or attributable to Units, Leases and ▇▇▇▇▇ prior to the Effective Time (and all products and proceeds attributable thereto), and to all other income, proceeds, receipts and credits earned with respect to the Assets prior to the Effective Time, and shall be responsible for (and entitled to any refunds with respect to) all Operating Expenses incurred prior to the Effective Time. “Earned” and “incurred”, as used in the Agreement shall be interpreted in accordance with GAAP and Council of Petroleum Accountants Society standards, except as otherwise specified herein. For purposes of allocating production (and proceeds and accounts receivable with respect thereto), under this Section 2.4, (i) liquid Hydrocarbons shall be deemed to be “from or attributable to” the Units, Leases and ▇▇▇▇▇ when they pass through the pipeline connecting into the storage facilities into which they are run and (ii) gaseous Hydrocarbons shall be deemed to be “from or attributable to” the Units, Leases and ▇▇▇▇▇ when they pass through the royalty measurement meters, delivery point sales meters or custody transfer meters on the gathering lines or pipelines through which they are transported (whichever meter is closest to the well). SM Energy shall utilize reasonable interpolative procedures, consistent with industry practice, to arrive at an allocation of production when exact meter readings or gauging and strapping data are not available. As part of the Preliminary Settlement Statement, Buyer shall provide to SM Energy such data as is reasonably necessary to support any estimated allocation, for purposes of establishing the Closing Amount.

  • Adjustments to Shares If at any time while this Agreement is in effect (or Shares granted hereunder shall be or remain unvested while Recipient’s Continuous Service continues and has not yet terminated or ceased for any reason), there shall be any increase or decrease in the number of issued and outstanding Shares of the Company through the declaration of a stock dividend or through any recapitalization resulting in a stock split-up, combination or exchange of such Shares, then and in that event, the Board or the Committee shall make any adjustments it deems fair and appropriate, in view of such change, in the number of shares of Restricted Stock then subject to this Agreement. If any such adjustment shall result in a fractional Share, such fraction shall be disregarded.

  • Adjustments in Option The Committee shall make adjustments with respect to the Option in accordance with the provisions of Section 9.3 of the Plan.