Guidance Note - As set out above, the reference to the 'Performance Reward Amount' in this clause may be deleted if Alternative 2 of the Risk or Reward Regime applies (i.e. performance in the KRAs is used to modify the calculation of any Gainshare Amount or Painshare Amount, rather than being subject to a separate performance payment). Please refer to Schedule 7. |
Unless otherwise expressly provided in this Agreement, no matter what events, circumstances, contingencies, conditions (Latent Conditions or otherwise), or degree of difficulty is encountered by the Participants in performing the Works, the NOPs' entitlement, and only entitlement, to payment by the Project Owner for the Works is for:
(a) reimbursement of Reimbursable Costs reasonably and actually incurred by the NOPs; plus
(b) Corporate Overhead and Profit; plus or minus (as the case may be)
(c) the Gainshare Amount (if any) if, under the Risk or Reward Regime, a Gainshare Amount is payable; plus or minus (as the case may be)
(d) the Performance Reward Amount (if any) if, under the Risk or Reward Regime, a Performance Reward Amount is payable.