Common use of Equitable Reduction Clause in Contracts

Equitable Reduction. The amount of payment to the Consultant for services performed for the Project by an Assigned Personnel, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Personnel performed services for the Project, the total number of hours for which the Assigned Personnel was actually paid by the Consultant for that week, less any non-billable hours, is less than the total number of hours actually billed by the Consultant to all entities for the Assigned Personnel's services for that week, including the number of hours billed for the Project. In such event, the amount of payment to the Consultant for services performed by an Assigned Personnel for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph (a) below by the number set forth in paragraph (b). (a) Total number of hours for which the Assigned Personnel was actually paid by the Consultant for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Consultant to all entities for the Assigned Personnel's services for the week in question, including the number of hours billed for the Project.

Equitable Reduction. The amount of payment to the Consultant Engineer for services performed for the Project by an Assigned Personnel, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Personnel performed services for the Project, the total number of hours for which the Assigned Personnel was actually paid by the Consultant Engineer for that week, less any non-billable hours, is less than the total number of hours actually billed by the Consultant Engineer to all entities for the Assigned Personnel's ’s services for that week, including the number of hours billed for the Project. In such event, the amount of payment to the Consultant Engineer for services performed by an Assigned Personnel for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph (a) below by the number set forth in paragraph (b). (a) Total number of hours for which the Assigned Personnel was actually paid by the Consultant Engineer for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Consultant Engineer to all entities for the Assigned Personnel's ’s services for the week in question, including the number of hours billed for the Project.