Common use of COMPENSATION AND TIME OF PERFORMANCE Clause in Contracts

COMPENSATION AND TIME OF PERFORMANCE. 7.1 The Artist shall be paid for services satisfactorily rendered pursuant to this Agreement in accordance with the terms herein, and the scope of work in Section 2. and the payment schedule set forth in section 2.2, herein, and subsequent adjustments, changes or additions as specifically provided for in this Agreement. Such payment shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals including transportation of the Work to the designated site. 7.2 The amount and schedule of payments to the Artist are contained in section 2.2 herein, provided that such payments shall not exceed a maximum amount of Eleven Thousand, Two Hundred and Fifty Dollars ($11,250), subject only to adjustments, changes or additions as specifically provided for in this Agreement ("Total Price"). 7.3 In the event the Artist incurs costs in excess of the Total Price, the Artist shall pay such excess from his/her own funds, and FAC shall not be required to pay any part of such excess, and the Artist shall have no claim against the City on account thereof. This section shall not be construed to require the Artist to absorb excess costs not primarily attributable to the Artist’s conduct, erroneous cost estimates or failure to perform in a timely fashion. 7.4 In the event that FAC determines that services for which it has been invoiced do not meet the contract specifications and that it intends to withhold payment, FAC shall provide detailed written notice to the Artist within fifteen (15) days of receipt of invoice, specifying the failure of performance for which FAC intends to withhold payment. The Artist shall thereafter meet contract standards to the satisfaction of FAC or advise FAC that he/she disputes the City’s determination that the specifications have not been met. 7.5 FAC shall pay all invoices that meet contract specifications within thirty (30) days of receipt of invoice. 7.6 No payment to the Artist for any work performed or services rendered shall constitute a waiver or release by the City of any claims, rights or remedies it may have against the Artist under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the City of any failure or fault of the Artist, to satisfactorily perform the Work and services as required under this Agreement.

COMPENSATION AND TIME OF PERFORMANCE. 7.1 The Artist ARTIST shall be paid for services satisfactorily rendered pursuant to this Agreement in accordance with the terms herein, Exhibits A and the scope of work in Section 2. and the payment schedule set forth in section 2.2, hereinB, and subsequent adjustments, changes or additions as specifically provided for in this Agreement. Such payment shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals including transportation of the Work WORK to the designated site. 7.2 The amount and schedule of payments to the Artist ARTIST are contained in section 2.2 hereinthe attached Exhibit B, Compensation and Schedule of Payments, provided that such payments shall not exceed a maximum amount of Eleven Thousand__________ Dollars, Two Hundred and Fifty Dollars ($11,250_________), subject only to adjustments, changes or additions as specifically provided for in this Agreement ("Total Price"). 7.3 In the event the Artist ARTIST incurs costs in excess of the Total Price, the Artist ARTIST shall pay such excess from his/her own funds, and FAC the CITY shall not be required to pay any part of such excess, and the Artist ARTIST shall have no claim against the City CITY on account thereof. This section shall not be construed to require the Artist ARTIST to absorb excess costs not primarily attributable to the Artist’s ARTIST’S conduct, erroneous cost estimates or failure to perform in a timely fashion. 7.4 The ARTIST shall submit invoices to the CITY according to the schedule provided for in Exhibit B, such invoice to be in the form requested by the CITY. 7.5 In the event that FAC the CITY determines that services for which it has been invoiced do not meet the contract specifications and that it intends to withhold payment, FAC the CITY shall provide detailed written notice to the Artist ARTIST within fifteen (15) days of receipt of invoice, specifying the failure of performance for which FAC the CITY intends to withhold payment. The Artist ARTIST shall thereafter meet contract standards to the satisfaction of FAC the CITY or advise FAC the CITY that he/she disputes the City’s CITY'S determination that the specifications have not been met. 7.5 FAC 7.6 The CITY shall pay all invoices that meet contract specifications within thirty (30) days of receipt of invoice. 7.6 7.7 No payment to the Artist ARTIST for any work performed or services rendered shall constitute a waiver or release by the City CITY of any claims, rights or remedies it may have against the Artist ARTIST under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the City CITY of any failure or fault of the ArtistARTIST, to satisfactorily perform the Work WORK and services as required under this Agreement. 7.8 The services to be required of the ARTIST under this Agreement shall be completed in accordance with the schedule for completion of the Work as proposed by the ARTIST and approved by the CITY, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY. Upon payment and completion of services, ARTIST agrees to meet with CONTRACT ADMINISTRATOR to discuss success of project. 7.9 If, when the ARTIST completes fabrication or procurement of the WORK in accordance with the approved schedule and notifies the CITY that the WORK is ready for installation, the ARTIST is delayed from installing the WORK within the time specified in the schedule as a result of the construction on the Site not being sufficiently complete reasonably to permit installation of the WORK therein, or the CITY otherwise does not make the Site available to the ARTIST in accordance with the approved schedule, the CITY shall promptly reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the Site is made available to the ARTIST for installation of the WORK. 7.10 The ARTIST shall bear any transportation and storage costs resulting from the completion of the WORK prior to the time provided in the schedule for installation of the WORK. 7.11 The CITY shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the CITY in performing its obligations under this Agreement or in completing the underlying capital project, or if conditions beyond the ARTIST'S control or Acts of God render timely performance of the ARTIST'S services impossible or unduly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such conditions. 7.12 For delays in the installation of the WORK beyond the schedule provided for under this Agreement caused by factors reasonably under the ARTIST'S control, the CITY agrees to accept one hundred dollars ($100.00) per day as liquidated damages for such delay.

COMPENSATION AND TIME OF PERFORMANCE. 7.1 The Artist shall be paid for services satisfactorily rendered pursuant to this Agreement in accordance with the terms herein, and the scope of work in Section 2. and the payment schedule set forth in section 2.2, herein, and subsequent adjustments, changes or additions as specifically provided for in this Agreement. Such payment shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals including transportation of the Work to the designated site. 7.2 The amount and schedule of payments to the Artist are contained in section 2.2 herein, provided that such payments shall not exceed a maximum amount of Eleven Thousand, Two Hundred and Fifty Fifteen Thousand Dollars ($11,25015,000), subject only to adjustments, changes or additions as specifically provided for in this Agreement ("Total Price"). 7.3 In the event the Artist incurs costs in excess of the Total Price, the Artist shall pay such excess from his/her own funds, and FAC shall not be required to pay any part of such excess, and the Artist shall have no claim against the City on account thereof. This section shall not be construed to require the Artist to absorb excess costs not primarily attributable to the Artist’s conduct, erroneous cost estimates or failure to perform in a timely fashion. 7.4 In the event that FAC determines that services for which it has been invoiced do not meet the contract specifications and that it intends to withhold payment, FAC shall provide detailed written notice to the Artist within fifteen (15) days of receipt of invoice, specifying the failure of performance for which FAC intends to withhold payment. The Artist shall thereafter meet contract standards to the satisfaction of FAC or advise FAC that he/she disputes the City’s determination that the specifications have not been met. 7.5 FAC shall pay all invoices that meet contract specifications within thirty (30) days of receipt of invoice. 7.6 No payment to the Artist for any work performed or services rendered shall constitute a waiver or release by the City of any claims, rights or remedies it may have against the Artist under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the City of any failure or fault of the Artist, to satisfactorily perform the Work and services as required under this Agreement.

COMPENSATION AND TIME OF PERFORMANCE. 7.1 The Artist ARTIST shall be paid for services satisfactorily rendered pursuant to this Agreement in accordance with the terms herein, Exhibits A and the scope of work in Section 2. and the payment schedule set forth in section 2.2, hereinB, and subsequent adjustments, changes or additions as specifically provided for in this Agreement. Such payment shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals including transportation of the Work WORK to the designated site. 7.2 The amount and schedule of payments to the Artist ARTIST are contained in section 2.2 herein, provided that such payments shall not exceed a maximum amount of Eleven Thousand, Two Hundred and Fifty Dollars ($11,250), subject only to adjustments, changes or additions as specifically provided for in this Agreement ("Total Price").the attached 7.3 In the event the Artist ARTIST incurs costs in excess of the Total Price, the Artist ARTIST shall pay such excess from his/her own funds, and FAC the CITY shall not be required to pay any part of such excess, and the Artist ARTIST shall have no claim against the City CITY on account thereof. This section shall not be construed to require the Artist ARTIST to absorb excess costs not primarily attributable to the Artist’s ARTIST’S conduct, erroneous cost estimates or failure to perform in a timely fashion. 7.4 The ARTIST shall submit invoices to the CITY according to the schedule provided for in Exhibit B, such invoice to be in the form requested by the CITY. 7.5 In the event that FAC the CITY determines that services for which it has been invoiced do not meet the contract specifications and that it intends to withhold payment, FAC the CITY shall provide detailed written notice to the Artist ARTIST within fifteen (15) days of receipt of invoice, specifying the failure of performance for which FAC the CITY intends to withhold payment. The Artist ARTIST shall thereafter meet contract standards to the satisfaction of FAC the CITY or advise FAC the CITY that he/she disputes the City’s CITY'S determination that the specifications have not been met. 7.5 FAC 7.6 The CITY shall pay all invoices that meet contract specifications within thirty (30) days of receipt of invoice. 7.6 7.7 No payment to the Artist ARTIST for any work performed or services rendered shall constitute a waiver or release by the City CITY of any claims, rights or remedies it may have against the Artist ARTIST under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the City CITY of any failure or fault of the ArtistARTIST, to satisfactorily perform the Work WORK and services as required under this Agreement. 7.8 The services to be required of the ARTIST under this Agreement shall be completed in accordance with the schedule for completion of the Work as proposed by the ARTIST and approved by the CITY, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY. Upon payment and completion of services, ARTIST agrees to meet with CONTRACT ADMINISTRATOR to discuss success of project. 7.9 If, when the ARTIST completes fabrication or procurement of the WORK in accordance with the approved schedule and notifies the CITY that the WORK is ready for installation, the ARTIST is delayed from installing the WORK within the time specified in the schedule as a result of the construction on the Site not being sufficiently complete reasonably to permit installation of the WORK therein, or the CITY otherwise does not make the Site available to the ARTIST in accordance with the approved schedule, the CITY shall promptly reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the Site is made available to the ARTIST for installation of the WORK. 7.10 The ARTIST shall bear any transportation and storage costs resulting from the completion of the WORK prior to the time provided in the schedule for installation of the WORK. 7.11 The CITY shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the CITY in performing its obligations under this Agreement or in completing the underlying capital project, or if conditions beyond the ARTIST'S control or Acts of God render timely performance of the ARTIST'S services impossible or unduly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such conditions. 7.12 For delays in the installation of the WORK beyond the schedule provided for under this Agreement caused by factors reasonably under the ARTIST'S control, the CITY agrees to accept one hundred dollars ($100.00) per day as liquidated damages for such delay.