Common use of Time and Materials Based Pricing Clause in Contracts

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses and expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor shall not exceed said not-to- exceed amount without prior authorization. 4.5.2.2. Contractor will be compensated for Time and Materials Basis Service Work Orders in the form of payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses and Reimbursables which shall be made as specified above, however, Contractor shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor shall not exceed said not-to- to-exceed amount without prior authorization. 4.5.2.2. Contractor will be compensated for Time and Materials Basis Service Work Orders in the form of payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses and Reimbursables which shall be made as specified above, however, Contractor shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor Consultant shall not exceed said not-to- to-exceed amount without prior authorization. 4.5.2.2amount. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.. Upon receipt, Consultant will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Exhibit E) if necessary so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Consultant will fill out and submit electronically the Consultant Proposal Form (Exhibit F) based upon the description of the Services requested by the Services Request Form, providing the following:

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor Consultant shall not exceed said not-to- to-exceed amount without prior authorization. 4.5.2.2amount. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order. Upon receipt, Consultant will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Exhibit E) if necessary so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Consultant will fill out and submit electronically the Consultant Proposal Form (Exhibit F) based upon the description of the Services requested by the Services Request Form, providing the following: Service Work Order Subtotals and Service Work Order Grand Total: List the Service Types and the corresponding subtotals as applicable to the Project. If the Service is to be performed by a Sub-Consultant, include the name of the Sub-Consultant.

Time and Materials Based Pricing. 4.5.2.13.2.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-by- Service Work Order basis basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor Consultant shall not exceed said not-to- exceed amount without prior authorizationamount. 4.5.2.23.2.2.2. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.33.2.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis and shall only apply to the Service Work Order in which authorized3.2.2.1. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price those Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price based upon the hourly rates set forth in Exhibit “E” (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor shall not exceed said not-to- exceed amount without prior authorization. 4.5.2.23.2.2.2. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, with the Judicial Council’s Travel and Living Expense Rules and Rates and in amounts not to exceed the maximum amounts specified as allowable in, in the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.33.2.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor is, subject to the limitation of the Time and Materials Price as further elucidated below, Judicial Council may request on a not-to-exceed basis. Consultant will be responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.

Time and Materials Based Pricing. 4.5.2.1. When performing Services a Work Order is authorized for performance on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor shall not exceed said not-to- exceed amount without prior authorization. 4.5.2.2. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the The hours of work actually expended in performing the Hourly Services; the . The price for any Fixed Price Service(s) actually performed; the . The actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, with the AOC’s Travel and Living Expense Rules and Rates and in amounts not to exceed the maximum amounts specified as allowable in, in the Judicial CouncilAOC’s Travel and Living Expense Rules and Rates); and the . The actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order Order). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for making paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial CouncilAOC’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council AOC in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order. If the AOC requires written progress reports, describe the type of report(s) necessary, frequency of report(s) and types of information to be provided. If the Work consists of Consultant services, the AOC’s Project Manager shall edit the Attachment A to the Services Request Form so that it appropriately describes the various elements of the Work and Materials to be provided, and submit it as part of the request. When complete, the AOC’s Project Manger will submit the Services Request Form to Consultant’s Project Manager via e-mail in a modifiable word processing format. Upon receipt, Consultant will, based upon the description of the Services requested by the AOC modify the submitted Services Request Form into the format given in the Consultant Proposal Form provided in Exhibit F. Consultant shall assign a Project Manager responsible for the requested Project. Consultant shall, in coordination with and with the agreement of the designated AOC Project Manager, complete the Consultant Proposal Form, providing the following: Name and Address information of Consultant’s Project Manager for this Work Order. Begin and End Dates applicable to the Work Order as agreed with the AOC Project Manager. If a detailed Project Schedule has been requested, after consultation with the AOC Project Manager, provide a Project Schedule as indicated on the form. If not, delete this section of the form. If the If the Work consists of Consultant services, Consultant shall, in coordination with the AOC’s Project Manager, edit the submitted Attachment A to the Services Request Form so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version as part of Consultant’s Proposal. Provide, in the section of the form entitled “Statement of Work” (“Statement of Work”), for each individual Service Type requested, the following information, as applicable: (If a Service Type is not requested, delete the entire section of the form applicable to that Type.) If the Service is to be performed by a Sub-consultant, the name of the Sub-consultant.

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor shall not exceed said not-to- to-exceed amount without prior authorization. 4.5.2.2. Contractor will be compensated for Time and Materials Basis Service Work Orders in the form of payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Expense and Travel and Living Expense Rules and RatesReimbursement Guidelines); and the actual cost of any allowable Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses and Reimbursables which shall be made as specified above, however, Contractor shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.. Upon receipt, Contractor will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Attachment 1) if necessary so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Contractor will fill out and submit electronically the Service Work Order Proposal, substantially in the format of the Contractor Proposal Form (Attachment 2), based upon the description of the Services requested by the Services Request Form, providing the following:

Time and Materials Based Pricing. 4.5.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses and expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor shall not exceed said not-to- to-exceed amount without prior authorization. 4.5.2.2. Contractor will be compensated for Time and Materials Basis Service Work Orders in the form of payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses and Reimbursables which shall be made as specified above, however, Contractor shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.. Upon receipt, Contractor will, in coordination with the Judicial Council’s Project Manager, edit the Services Request Form (Attachment 1) if necessary, so that it appropriately describes, to the satisfaction of both parties, the various elements of the Work and Materials to be provided, and submit the revised version. Contractor will fill out and submit electronically the Service Work Order Proposal, substantially in the format of the Contractor Proposal Form (Attachment 2), based upon the description of the Services requested by the Services Request Form, providing the following:

Time and Materials Based Pricing. 4.5.2.13.2.2.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-by- Service Work Order basis basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor Consultant shall not exceed said not-to- to-exceed amount without prior authorizationamount. 4.5.2.23.2.2.2. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order ). 4.5.2.33.2.2.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.

Time and Materials Based Pricing. 4.5.2.13.3.1. When performing Services on a time and materials basis (“Time and Materials Basis”), the prices will be subject to Judicial Council agreement on a Service Work Order-by-Service Work Order basis basis, and shall only apply to the Service Work Order in which authorized. When a Service Work Order is authorized for performance on a Time and Materials Basis, the prices for all expected Hourly and Fixed Price Services, the cost of any expected allowable Travel and Living Expenses Expenses, and the cost of any expected allowable Reimbursables will be added to calculate a time and materials price (“Time and Materials Price”) applicable to that Service Work Order. The applicable price(s) and costs and method to be used to calculate the Time and Materials Price are specified below. The Judicial Council may, in its discretion, include a not-to-exceed amount in any Service Work Order on a Time and Materials Basis and Contractor Consultant shall not exceed said not-to- to-exceed amount without prior authorizationamount. 4.5.2.23.3.2. Contractor Consultant will be compensated for Time and Materials Basis Service Work Orders in the form of monthly payments based upon: the hours of work actually expended in performing the Hourly Services; the price for any Fixed Price Service(s) actually performed; the actual cost for any allowable allowed Travel and Living Expenses actually incurred (when incurred in accordance with, and in amounts not to exceed the maximum amounts specified as allowable in, the Judicial Council’s Travel and Living Expense Rules and Rates); and the actual cost of any allowable allowed Reimbursables (in amounts at or below the Reimbursable(s) prices specified in the Service Work Order Order). 4.5.2.33.3.3. In Service Work Orders authorized on a Time and Materials Basis, Contractor Consultant is, subject to the limitation of the Time and Materials Price as further elucidated below, responsible for the provision of Services and Materials specified in a Service Work Order if authorized in accordance with the provisions of the Service Work Order, for paying for any Travel and Living Expenses and Reimbursable(s) necessary to provide those Services and Materials if authorized by the Judicial Council’s Project Manager. Contractor Consultant shall be compensated solely in the form of payments for the Services, Materials, and allowable Travel and Living Expenses Expenses, and Reimbursables expenses which shall be made as specified above, however, Contractor Consultant shall not provide Services and/or Materials, incur allowable Travel and Living Expenses, or purchase allowable Reimbursable(s) past the point at which the total of such charges, if invoiced to the Judicial Council in accordance with this Agreement, would exceed the Time and Materials Price applicable to that Service Work Order.