Common use of Maximum and Rate Clause in Contracts

Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of XXX (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis: Hourly at the hourly rate set forth in CONSULTANT's Scope of Work marked Exhibit "A," attached and incorporated herein. The rate set forth in that exhibit shall be binding upon CONSULTANT until DATE, provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.