NTE Amount Clause Samples

The NTE (Not-To-Exceed) Amount clause sets a maximum financial limit that a party, typically a client or customer, will pay for specified goods or services under a contract. In practice, this means that the service provider cannot bill or be reimbursed for costs exceeding the agreed-upon cap, regardless of actual expenses incurred during the project. This clause is commonly used in service agreements, construction contracts, or consulting arrangements to provide budget certainty and prevent unexpected cost overruns, thereby protecting the paying party from financial risk.
NTE Amount. The NTE Amount shall represent the Design-Builder’s reasonable, good faith estimate of the cost of the Preconstruction Work needed to complete the Design Documents to a level consistent with Section 7(b) of this Design-Build Term Sheet, which shall be based on: (a) Fully Loaded Hourly Rates for each type and level of personnel performing such Preconstruction Work, which shall be agreed to by the parties and incorporated in an exhibit to the DBA (which exhibit shall also include a breakdown of the components of the Fully Loaded Hourly Rates); (b) A list of reimbursable out-of-pocket expenses likely to be incurred in performing such Preconstruction Work (such as for authorized overnight travel, work-related vehicle mileage, document production, and other miscellaneous direct costs), which shall be agreed to by the parties and attached as an exhibit to the DBA; and (c) A list of reimbursable out-of-pocket expenses incurred in establishing and maintaining a Project office at a location determined by the Design-Builder at which the Authority personnel and consultants will be co-located. The NTE Amount shall be agreed to be the parties prior to executing the DBA and shall be in compliance with FHWA’s policies and Federal Acquisition Regulation (“FAR”) cost principles (including FAR-compliant audited indirect cost rates for engineering and design-related services). As part of such negotiation, the Design-Builder shall also provide the Authority with its then-current estimate of the costs of the Construction Work for the Project.
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NTE Amount. The total not-to-exceed amount under this Contract for the Initial Term shall be Twenty-Six Million, Four Hundred and Eighty Thousand Dollars ($26,480,000). The total contractual not-to-exceed amount includes the payment amounts negotiated (reference Sections 4.6, 6.4, 6.8, and 6.10), plus additional not-to-exceed capacity should the City secure new resources.
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NTE Amount. The not-to-exceed amount authorized by the District as the maximum compensation to the DBE for the design and construction of the Project included in the Agreement.
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NTE Amount. Dial Development Services, Ltd. will bill the City on an Hourly basis for effort completed for a Not to Exceed amount of Two-hundred Thousand and 00/100 dollars ($200,000.00). The above fee schedule includes the scope of services described in this proposal for the “Various Projects” including Development or CIP projects. The proposed fee schedule shall cover the timeframe until the projects requested are fully completed or until a new contract and purchase order is executed, whichever occurs first. Future potential projects shall be considered on an individual project basis and may be added to the original agreement through additional task orders or amendments. Dial Development reserves the right to increase rates on subsequent scope of service proposals and task orders. The budget will be a Not to Exceed (NTE) total that would be added to the agreement as described above. Services will be billed out at the proposed hourly rates against the budget until the project is completed. For additional projects, Dial Development Services, Ltd. proposes to do a cursory review of each new set of plans provided by The City of Bastrop when The City of Bastrop is considering using our services. We will review proposed schedules, discuss the project with the Engineer and The City, and determine as much information as possible to provide an estimate for future projects that includes the standard scope of services at the proposed hourly rates. • Plan review services during the design phase. These can be considered at such time and as they are requested. • Additional time required on the project due to circumstances outside of our control, such as scheduling impacts, design conflicts, and significant changes to the project scope and/or duration will be performed at an additional cost to the proposed budget. Budget increases shall be executed via supplemental agreements to the original agreements that describe the reason(s) for the budget increase. • Project Safety, SWPPP, Site Security, Public Access, and Traffic Control requirements are the sole responsibility of the contractor awarded the project and are not included in the scope of services provided in this proposal. A good faith effort will always be made to notify the contractor of any deficiencies. • Submittal, RFI, and RFD approvals shall be performed by the design engineer or the City of Bastrop Engineering Department. Please feel free to contact us if you have any questions or concerns regarding this proposal. We a...
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NTE Amount. This Contract is entered into by and between Contractor Name, (“Contractor”), and Maricopa County Special Health Care District d.b.a., Maricopa Integrated Health System (“MIHS”). The Contractor, for and in consideration of the covenants and conditions set forth herein, shall provide and perform the services as set forth below. All rights and obligations of the parties shall be governed by the terms of this document, its Exhibits, Attachments and Appendices, including any Subcontracts or Amendments as set forth herein. Section I – General Provisions Section IV – Compensation Provisions
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NTE Amount. The not-to-exceed amount established by the District as the maximum compensation to the Design/Builder for the design and construction of the Project before the GMP has been approved by the District.
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NTE Amount. The NTE Amount shall represent the Design-Builder’s reasonable, good faith estimate of the cost of the Preconstruction Work needed to complete the Design Documents to a level consistent with Section 7(b) of this Design-Build Term Sheet, which shall be based on: (a) Fully Loaded Hourly Rates for each personnel performing such Preconstruction Work, which shall be agreed to by the parties and incorporated in an exhibit to the DBA; (b) A list of reimbursable out-of-pocket expenses likely to be incurred in performing such Preconstruction Work (such as for authorized overnight travel, work-related vehicle mileage, document production, and other miscellaneous direct costs), which shall be agreed to by the parties and attached as an exhibit to the DBA; and (c) A list of reimbursable out-of-pocket expenses incurred in establishing and maintaining a Project office at a location determined by the Design-Builder at which the Authority personnel and consultants will be co-located. The costs in (a) through (c) shall be in compliance with Applicable Law, including FHWA’s policies and Federal Acquisition Regulation (“FAR”) cost principles (including FAR-compliant audited indirect cost rates for engineering and design-related services). The NTE Amount shall be agreed to be the parties prior to executing the DBA. As part of such negotiation, the Design-Builder shall also provide the Authority with its then-current estimate of the costs of the Construction Work for the Project.
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NTE Amount. In consideration of Design/Builder’s obligations under the Contract Documents, Design/Builder will be compensated in an amount not-to-exceed XXXX XXXX Million XXXX Hundred Thousand and 00/100 Dollars ($XX,XXX,XXX.00), in accordance with the payment procedures set forth herein. Except as otherwise provided in the Contract Documents, the NTE Amount will fully compensate Design/Builder for all of the services required under the Contract Documents, including the scope of services described in this Contract, and Design/Builder will not seek additional compensation from District in excess of that amount. 8.1.1 The NTE Amount shall be superseded by the GMP and an amendment of this Contract to incorporate the GMP. 8.1.2 Any unused portion of the NTE Amount shall be considered as cost savings and retained by the District. 8.1.3 Any re-design or re-bidding to stay within the NTE Budget Amount shall be at no additional cost to the District.
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Related to NTE Amount

  • Reimbursement Amount Except for the metropolitan areas listed below, the maximum reimbursement for meals including tax and gratuity, shall be: Breakfast $ 9.00 Lunch $11.00 Dinner $16.00 For the following metropolitan areas the maximum reimbursement shall be: Breakfast $11.00 Lunch $13.00 Dinner $20.00 The metropolitan areas are: Atlanta Boston Cleveland Denver Hartford Kansas City Miami New York City Portland, OR San Francisco St. Louis Baltimore Chicago Dallas/Fort Worth Detroit Houston Los Angeles New Orleans Philadelphia San Diego Seattle Washington D.C. See Appendix L for details related to the boundaries of the above-mentioned metropolitan areas. The metropolitan areas also include any location outside the forty-eight (48) contiguous United States. Employees who meet the eligibility requirements for two (2) or more consecutive meals shall be reimbursed for the actual costs of the meals up to the combined maximum reimbursement amount for the eligible meals.

  • Minimum Cash Balance Licensee shall fund the Facility Checking Account --------------------- with an initial amount equal to $25,000.00 and thereafter Licensee shall provide the working capital required by Section I(H) of this Agreement

  • Payments from the Gross Settlement Amount Within 14 days after Defendant funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment and the Class Representative Service Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via First Class U.S. Mail, postage prepaid. The face of each check shall prominently state the date (not less than 120 days after the date of mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the National Change of Address Database. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are retuned undelivered without USPS forwarding address. Within 7 days of receiving a returned check the Administrator must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced, requested by the Class Member prior to the void date. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller's Unclaimed Property Fund in the name of the Class Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure Section 384, subd. (b). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Agreement. However, failure by a Participating Class Member and/or Aggrieved Employee to cash a check received in relation to this Agreement and/or Settlement does not result in him/her not being bound by and/or subject to this Agreement and/or Settlement. Rather, a Participating Class Member and/or Aggrieved Employee will be bound by and/or subject to this Agreement and/or Settlement regardless of whether he/she cashes any check(s) received in relation to same.

  • Over-Allowance Amount On the Cost Proposal Delivery Date and, in any event, prior to the commencement of the construction of the Tenant Improvements, Tenant shall deliver to Landlord cash in an amount (the “Over-Allowance Amount”) equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Tenant Improvement Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Date). The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the Tenant Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement Allowance. If, after the Cost Proposal Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Tenant Improvements as a result of requests made by Tenant or as otherwise specified in Section 5.01(h) below, any additional costs which arise in connection with such revisions, changes or substitutions shall be paid by Tenant to Landlord immediately upon Landlord’s request as an addition to the Over-Allowance Amount and, in any event, prior to the commencement of the construction of the revisions, changes or substitutions. Promptly following completion of construction of the Tenant Improvements and payment of all costs incurred in connection therewith, Landlord shall prepare and deliver to Tenant a reasonably detailed reconciliation of (i) the total cost of the Tenant Improvements, including all Tenant Improvement Allowance Items, and (ii) the total amount of the Tenant Improvement Allowance and the Over-Allowance Amount payments previously made by Tenant pursuant to the foregoing provisions of this Section. To the extent that such reconciliation discloses that the total costs of the Tenant Improvements exceeds the amount of the Tenant Improvement Allowance plus all Over-Allowance Amount previously paid by Tenant, Tenant shall pay the amount of such shortfall to Landlord within thirty (30) days after receipt of such reconciliation. To the extent that such reconciliation discloses that the total costs of the Tenant Improvements is less than the amount of the Tenant Improvement Allowance plus all Over-Allowance Amounts previously paid by Tenant, Landlord shall pay the amount of such overage to Tenant at the time that Landlord delivers such reconciliation to Tenant.

  • Settlement Amount If the Non-Defaulting Party has declared an Early Termination Date pursuant to Section 7.2(b), the Non-Defaulting Party shall have the right to (i) accelerate all amounts owing between the Defaulting Party and the Non-Defaulting Party and to liquidate and terminate the undertakings set forth in this Agreement as between the Defaulting Party and the Non-Defaulting Party; and (ii) withhold any payments due to the Defaulting Party under this Agreement pending payment of the Termination Payment. The Non-Defaulting Party will calculate, in a commercially reasonable manner, the Settlement Amount with respect to the Defaulting Party’s obligations under the Agreement and shall net the Settlement Amount in the manner provided for in Section 7.3(c).