Limitation on Contractor Responsibility for Overruns. Notwithstanding the other provisions of this Article 4.4, in no event shall Contractor be obligated to pay Owner for Overruns or have withheld from payments of Reimbursable Costs to Contractor on account of Overruns more than the sum of [*] plus [*] of the positive difference, if any, between the Fee paid to Contractor pursuant to Article 4.3 and [*].
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement (Public Service Co of New Mexico), Engineering, Procurement and Construction Agreement (PNM Resources Inc)