Compensation for Oversight Services Clause Samples

Compensation for Oversight Services. ‌ (a) Except as otherwise expressly provided in this Agreement, including, without limitation, Section 10.04(b), Section 10.04(c), Section 10.05(g), Section 11.05(a) and Section 24.03, the Department will not be compensated for its Oversight Services, whether in respect of the design, inspection or permitting for the Project, any Project Enhancement or any Safety Compliance Orders.‌ (b) Notwithstanding Section 10.04(a), if at any time the Developer has failed to perform any of its construction, operating or maintenance obligations in any material respect then, in addition to other remedies available pursuant to this Agreement and the other Project Agreements, the Department, with written notice to the Developer given concurrently with the increase in the Department’s monitoring or as soon as practicable thereafter, is entitled to adequately and appropriately increase the level of its monitoring of the Project and the Developer’s compliance with its construction, operation and maintenance obligations pursuant to this Agreement, until such time as the Developer has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its construction, operation and maintenance obligations pursuant to this Agreement. The Developer will compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring from and after the date on which such increased level of monitoring begins, provided, that the Developer will not be required to pay the Department’s Allocable Costs for increased monitoring to the extent that such costs have otherwise been paid by the Developer through liquidated damages for the amounts to be paid by the Developer under this Agreement by the Department.‌ (c) If the Department increases its monitoring or oversight as permitted in this Agreement during the Operating Period, then the Department will give notice of such increased level of monitoring as provided in Section 10.04(b). Within 21 Days following the day on which increased monitoring activities begin, the Department will provide the Developer with a budget for its increased oversight and/or monitoring activities which sets out its total proposed costs in reasonable detail. If there is a change in circumstances in the oversight activities or the events which precipitated them occurs following the submission of the Department’s initial budget, then the Department will provide a revised budget, whi...
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Compensation for Oversight Services. (a) The Department shall be compensated for all its Oversight Services under Section 10.01, Section 10.02, including Oversight Services relating to the design, inspection or permitting for the Project, any Project Enhancement pursuant to Section 12.01 or 12.02 or any Safety Compliance Orders pursuant to Section 12.04. (b) Such compensation shall be (i) in lump sum, fixed payments equal to the Department’s Initial Reimbursable Cost set forth in Part A of Exhibit E and the Department’s Annual Reimbursable Cost set forth in Part B of Exhibit E plus (ii) the Department’s Allocable Costs, together with all out-of-pocket expenses incurred, including the cost of all legal, expert witness and other support services, and awards of litigation expenses for Oversight Services not included in the Department’s Reimbursable Costs. If the costs of Oversight Services within the scope of the Department’s Reimbursable Costs exceeds the Department’s Reimbursable Costs, the Department shall bear the excess. (c) The Department shall prepare and submit to the Concessionaire the Department’s invoices reasonably documenting amounts owing to the Department for Oversight Services not within the scope of the Department’s Reimbursable Costs. The Concessionaire shall pay each invoiced amount no later than 30 days after the Department prepares and delivers an invoice reasonably documenting the amount of such Oversight Services provided.
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Compensation for Oversight Services. Except as otherwise expressly provided in this Agreement, including, without limitation, Section 10.05(c), the Department will not be compensated for its Oversight Services, whether in respect of the design, inspection or permitting for the Project, any Project Enhancement or any Safety Compliance Orders.
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Compensation for Oversight Services. 99 Section 10.05
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Compensation for Oversight Services. 57 TABLE OF CONTENTS Page Section 10.05 Department Approvals........................................................................57 Section 10.06 Limitations on the Concessionaire’s Right to Rely............................58 Section 10.07 Suspension of the Work......................................................................59
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Compensation for Oversight Services. 56 Section 10.05 Limitations on the Concessionaire’s Right to Rely. 58 Section 10.06 Role of Independent Engineer. 59
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Related to Compensation for Oversight Services

  • Compensation for Additional Services Additional Services shall be compensated as set forth on Exhibit A for the stipulated payment amounts set forth therein. Other Additional Services not set forth on Exhibit A that are required or requested by the Owner shall be compensated as agreed, using the methodology set forth on Exhibit A, prior to the Design Professional undertaking such Additional Services; provided, however, that if such compensation cannot be agreed, the Additional Services shall be performed at the hourly rates set forth and listed in Exhibit B, plus reimbursable expenses pursuant to Article 4.1.3 below, with a limitation as to maximum amount specified.

  • Compensation for Basic Services 6.1.1 Compensation for Basic Services as described in Section 3.1 and 3.2 shall be as set forth in Article 11.

  • Developer Compensation for Emergency Services If, during an Emergency State, the Developer provides services at the request or direction of the NYISO or Connecting Transmission Owner, the Developer will be compensated for such services in accordance with the NYISO Services Tariff.

  • Compensation for Services Provided As compensation for providing portfolio supervisory services in its capacity as Portfolio Supervisor, evaluation services in its capacity as Evaluator, and for providing bookkeeping and other administrative services to the Trust of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940, and to the extent that such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee, First Trust Advisors L.P. shall receive, in arrears, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in the per Unit amount set forth in Part II of the Trust Agreement for the Trust, calculated based on the largest number of Units outstanding during the calendar year, except during the initial offering period as determined in Section 4.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which First Trust Advisors L.P. provides services described herein during less than the whole of such year). Such fee may exceed the actual cost of providing such services for the Trust, but at no time will the total amount received for such services rendered to unit investment trusts of which the Depositor is the sponsor in any calendar year exceed the aggregate cost to First Trust Advisors L.P. of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase after the date hereof in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index should no longer be published. The consent or concurrence of any Unit holder hereunder shall not be required for any such adjustment or increase. Such compensation shall be paid by the Trustee, upon receipt of an invoice therefor from First Trust Advisors L.P., which shall constitute the representation by First Trust Advisors L.P. that the bookkeeping and administrative services for which compensation is claimed are properly compensable hereunder and that the aggregate cost incurred by First Trust Advisors L.P. of providing portfolio supervisory, evaluation and bookkeeping and administrative services hereunder was not less than the compensation claimed, upon which representation the Trustee may conclusively rely. Such compensation shall be charged against the Income and/or Capital Accounts in accordance with Section 3.05. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to First Trust Advisors L.P. pursuant to this Section 4.03 shall be secured by a lien on the Trust prior to the interest of Unit holders, but no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04 herein.