Acceptance of Final Payment/Release and Discharge Sample Clauses

Acceptance of Final Payment/Release and Discharge. The acceptance by Contractor of the final payment under the Contract, or any final payment due on earlier termination of the Contract under Article IV, shall constitute a full and complete waiver and release of the Trust from any and all claims, demands and causes of action whatsoever that the Contractor, and/or its successors and assigns, have, or may have, against the Trust under the provisions of the Contract, unless a detailed and verified statement of claim is served upon the Trust not later than fifteen (15) days after the making of the final payment. In the absence of a verified statement of claim, if the Contractor performs Services that involve maintenance, repairs or minor construction, the Contractor must supply the Trust with lien waivers for itself and its Subcontractors along with its request for final payment. It is expressly understood and agreed that the Trust’s or Contractor’s termination of the Contract pursuant to Article IV hereof shall not give rise to any claims against the Trust for damages, compensation, or otherwise as a result of such termination, and that under such circumstances, the Trust’s liability to make payments to Contractor on account of any and all Services shall be limited to the payments set forth in this Article II and as provided in Appendix C.
AutoNDA by SimpleDocs
Acceptance of Final Payment/Release and Discharge. Final payment shall be made to Consultant upon satisfactory completion and acceptance by Owner of the Work required under this Agreement, or all Work performed prior to the termination of this Agreement if terminated pursuant to Section 6 hereof, and upon submission of a certification that all Subconsultants have been paid their full and agreed compensation. The acceptance by Consultant of the final payment under this Agreement, or any final payment due upon termination of this Agreement under Section 6 hereof, shall constitute a full and complete waiver and release of Owner from any and all claims, demands and causes of action whatsoever that Consultant, and/or it successors and assigns have, or may have, against Owner under the provisions of this Agreement, unless a detailed and verified statement of claim is served upon Owner prior to the date final payment is tendered by Owner. It is expressly understood and agreed that Owner’s or Consultant’s termination of this Agreement pursuant to Section 6 hereof shall not give rise to any claim against Owner for damages, compensation or otherwise as a result of such termination, and that under such circumstances Owner’s liability to make payments to Consultant on account of any and all Work shall be limited to the payments set forth in Section 6 hereof.
Acceptance of Final Payment/Release and Discharge. 39.1. The Operator’s acceptance of the final payment under the Agreement shall constitute a waiver and release of the Trust solely from any claim arising from disputed (i) Management Fees or IMF allegedly due Operator, or (ii) reimbursement(s) of a third-party invoice paid by Operator as a Cost of Operation (excluding any deductible that may be due as a result of an insurable claim), unless notice of such claim is delivered to the Trust in writing not later than ninety (90) days after the Operator’s receipt of the final payment. It is expressly understood and agreed that the Trust’s termination of the Agreement pursuant to Section 21 of this Agreement shall not give rise to any claim against the Trust for damages, compensation or otherwise as a result of such termination, and that under such circumstances the Trust’s liability to make payments to the Operator on account of any and all services shall be limited to the payments set forth in the applicable section(s) of the Agreement.

Related to Acceptance of Final Payment/Release and Discharge

  • Effective Date Term Termination and Disconnection 3.1 Effective Date This Agreement shall become effective upon execution by all Parties.

  • Reduction and Disconnection NYISO or Connecting Transmission Owner may reduce [ ] Interconnection Service or disconnect the Large Generating Facility or the Developer’s Attachment Facilities, when such reduction or disconnection is necessary under Good Utility Practice due to an Emergency State. These rights are separate and distinct from any right of Curtailment of NYISO pursuant to the ISO OATT. When NYISO or Connecting Transmission Owner can schedule the reduction or disconnection in advance, NYISO or Connecting Transmission Owner shall notify Developer of the reasons, timing and expected duration of the reduction or disconnection. NYISO or Connecting Transmission Owner shall coordinate with the Developer using Good Utility Practice to schedule the reduction or disconnection during periods of least impact to the Developer and the New York State Transmission System. Any reduction or disconnection shall continue only for so long as reasonably necessary under Good Utility Practice. The Parties shall cooperate with each other to restore the Large Generating Facility, the Attachment Facilities, and the New York State Transmission System to their normal operating state as soon as practicable consistent with Good Utility Practice.

  • DISCIPLINE AND DISCHARGE (a) The Employer may discharge, suspend, demote or otherwise discipline Employees who have successfully completed their probationary period for just cause. i) The Employer may discharge, suspend, demote or otherwise discipline Employees who have not successfully completed their probationary period for any reason satisfactory to the Employer. ii) The discharge, suspension, demotion or other disciplining of a probationary Employee shall not be considered a difference arising between the probationary Employee and the Employer or between the Parties and cannot be the subject matter of a grievance or referred to arbitration. 8.02 The Employer agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discipline, discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her or his probationary period, without just cause. 8.03 A copy of any completed evaluation which is to be placed in an Employee's file shall be first reviewed with the Employee. The Employee shall initial such evaluation as having been read and shall have the opportunity to add her or his views to such evaluation prior to it being placed in her or his file. Each Employee shall have reasonable access to all her or his files for the purpose of reviewing their contents in the presence of her or his supervisor. A copy of the evaluation will be provided to the Employee at her or his request. A request by an Employee for a copy of other documents in her or his file will not be unreasonably denied. No document shall be used against an Employee where it has not been brought to her or his attention in a timely manner. 8.04 At the time formal discipline is imposed, an Employee is entitled to be represented by her or his Union representative. In the case of suspension or discharge, the Employer shall notify the Employee of this right in advance. The Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union. The Employer agrees that where an Employee is required to attend a meeting with the Employer that may lead to disciplinary action, as a good labour relations practice, it will inform the Employee of the purpose of the meeting and her or his right to Union representation. All investigations related to an Employee’s employment will be completed in a timely manner. 8.05 Any letter of reprimand, suspension or other sanction will be removed from the record of an Employee fifteen (15) months following the receipt of such letter, suspension or other sanction provided that such Employee has not incurred any further discipline during that period.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!