Common use of Agreement Price Clause in Contracts

Agreement Price. 7.1 Payment for the Services will be at the rates provided in Exhibit B. Contractor will invoice Company and provide Company substantiation of hours worked and costs incurred, including hours worked and costs incurred by third parties providing any part of the Services. Invoices, in triplicate and showing the Agreement number, shall be submitted as promptly as possible, but no later than six (6) months from the date Services are performed. Payment for Services in accordance with the provisions of this Agreement will be made within thirty (30) days of receiving an invoice in the proper form with written verifications. 7.2 Except as otherwise provided in this Agreement, Contractor shall supply and pay for all services, materials (which unless otherwise specified shall be new), and all other items ordinarily furnished by Contractor, directly or indirectly, in connection with the Services. Company shall supply the services, materials and other items expressly described on Exhibit A. 7.3 Where Contractor, at the request of Company, furnishes services, materials or other items which Company is obligated to furnish or supply, Company, upon receipt from Contractor of substantiation of costs incurred, will reimburse Contractor for the actual costs of those services, materials or other items. 7.4 Company shall have the right to retain any portion of the amount payable to Contractor until such time as Company has been presented an affidavit in the form attached hereto as Exhibit C from each person or entity that has provided labor, services, materials or equipment in connection with the Services stating that the person or entity has been paid in full for all such labor, services, materials or equipment or until the applicable statutory period for filing liens has expired. Company shall have the right to request such affidavits from subcontractors, vendors, materialmen, equipment suppliers and laborers. 7.5 Contractor authorizes Company to deduct from any amount payable to Contractor (whether or not arising out of this Agreement), all amounts which may be payable by Contractor to Company, and also all amounts for which Company may become liable to third parties due to Contractor's acts in performing or failing to perform Contractor's obligations under this Agreement. If the amount or validity of these claims made by a third party is disputed by Contractor, or if any indebtedness exists which appears to be the basis for a claim or lien, Company may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. Companies exercise or failure to exercise such right to deduct or to withhold shall not, however, affect the obligation of Contractor to protect Company as elsewhere provided in this Agreement. 7.6 Contractor accepts exclusive liability for payment of federal and state payroll taxes and for contributions for unemployment insurance, old age pensions, annuities, retirement, and other benefits, imposed under any provision of any law, and measured by remuneration paid or payable by Contractor to employees of Contractor engaged in the Services or in any incidental operation. Contractor will require that each subcontractor who performs a -any part of the Services accept the same responsibility and liability with respect to employees of that subcontractor. 7.7 Payment for the Services shall only be due if (a) no lien or claim for labor and services performed or for materials and equipment furnished for or in connection with the Services has been filed or made; (b) the Services have been inspected and accepted by Company; and (c) Contractor has met all of the terms of this Agreement.

Agreement Price. 7.1 Payment 2.1 CONTRACTOR will pay SUBCONTRACTOR for the Services will be at the rates provided in Exhibit B. Contractor will invoice Company and provide Company substantiation of hours worked and costs incurred, including hours worked and costs incurred by third parties providing any part satisfactory performance of the Services. InvoicesWORK listed in the WORK AUTHORIZATION FORM, those amounts set forth in triplicate the WORK AUTHORIZATION FORM for the specific items or tasks set forth therein. 2.2 CONTRACTOR agrees to pay SUBCONTRACTOR for said work subject to additions and showing the Agreement numberdeductions as herein provided, shall be submitted payable as promptly as possiblework progresses, but no later than six on estimates made and approved by CONTRACTOR and within ten (6) months from the date Services are performed. Payment for Services in accordance with the provisions of this Agreement will be made within thirty (3010) days after CONTRACTOR receives payment from OWNER in relation to SUBCONTRACTOR's Work. CONTRACTOR must be entitled to withhold at its option ten percent (10%) of receiving an invoice in the proper form each estimate until final payment and may withhold any payment until SUBCONTRACTOR has furnished CONTRACTOR with written verifications. 7.2 Except as otherwise provided in this Agreement, Contractor shall supply and pay for all services, materials suitable evidence (which unless otherwise specified shall be new)may include affidavits) that SUBCONTRACTOR has paid in full all labor including union benefits, materials, supplies, taxes, withholding and all other items ordinarily furnished by Contractor, directly or indirectly, obligations in connection with the Services. Company shall supply work included in this AGREEMENT, written acceptance by the servicesOWNER, materials full payment therefore by OWNER, and other items expressly described on Exhibit A. 7.3 Where Contractor, at the request receipt of Company, furnishes services, materials or other items which Company is obligated to furnish or supply, Company, upon receipt from Contractor of substantiation of costs incurred, will reimburse Contractor for the actual costs of those services, materials or other itemsUnconditional/Conditional Waivers and Releases. 7.4 Company shall have the right 2.3 CONTRACTOR may in addition without prejudice to retain any portion other rights and remedies withhold from any payment or retention up to 150% of the amount payable of any disputed item, including but not limited to, amounts CONTRACTOR believes may be necessary to Contractor until withhold to protect CONTRACTOR from any potential claims involving SUBCONTRACTOR’s Work, defense costs (including but not limited to attorneys’ fees) of any claims relating to SUBCONTRACTOR’S work, SUBCONTRACTOR’s deficient performance under this Agreement, breach of warranty or claims which may result from SUBCONTRACTOR failing to furnish appropriate waivers, releases, affidavits of compliance as called for in this AGREEMENT and certified payrolls under Section 3.7 for itself or any lower tier subcontractors or suppliers. 2.4 CONTRACTOR must have the right, at its option, to pay directly to any person, firm, association or corporation any sum due or to become due from Subcontractor to such time as Company has been presented an affidavit in the form attached hereto as Exhibit C from each person payee for performance or entity that has provided furnishing any work, labor, servicesmaterials, materials supplies, tools, equipment, or equipment other things used or intended for use in connection with the Services stating that execution of the person WORK AUTHORIZATION by SUBCONTRACTOR. All such payments made will be considered payment for SUBCONTRACTOR’S account and said amount may be deducted from any amounts due by CONTRACTOR to SUBCONTRACTOR. 2.5 Notwithstanding any other term of this AGREEMENT, CONTRACTOR must be permitted a reasonable period to pursue remedies and collect from OWNER or entity has been paid other persons for progress payments, final payments or other payments of SUBCONTRACTOR's work or claims, before payment must become due to SUBCONTRACTOR. What is a "reasonable time" must be decided based upon all relevant circumstances but must in full for all such laborno event be less than the amount of time needed to pursue to conclusion (including collection) available remedies against OWNER, servicesinsurers, materials or equipment or until the applicable statutory period for filing liens has expired. Company shall have the right to request such affidavits from other subcontractors, vendors, materialmen, equipment suppliers and laborersor any other party responsible for payment. 7.5 Contractor authorizes Company to deduct from 2.6 One or more contracts now or hereafter exist between the parties hereto concerning one or more construction projects, then a breach by SUBCONTRACTOR of any amount payable to Contractor (whether contract may, at the option of the CONTRACTOR, be considered a breach of all contracts. In such event, CONTRACTOR may terminate any or not arising out of this Agreement), all amounts which may be payable by Contractor to Company, and also all amounts for which Company may become liable to third parties due to Contractor's acts in performing the contracts so breached or failing to perform Contractor's obligations under this Agreement. If the amount or validity of these claims made by a third party is disputed by Contractor, or if any indebtedness exists which appears to be the basis for a claim or lien, Company may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. Companies exercise or failure to exercise such right to deduct monies due or to withhold shall not, however, affect become due on such contracts and apply the obligation of Contractor to protect Company as elsewhere provided in this Agreement. 7.6 Contractor accepts exclusive liability for monies withheld toward payment of federal and state payroll taxes and for contributions for unemployment insurance, old age pensions, annuities, retirement, and any damages suffered on that or any other benefits, imposed under any provision of any law, and measured by remuneration paid or payable by Contractor to employees of Contractor engaged in the Services or in any incidental operation. Contractor will require that each subcontractor who performs a -any part of the Services accept the same responsibility and liability with respect to employees of that subcontractorcontract. 7.7 Payment for the Services shall only be due if (a) no lien or claim for labor and services performed or for materials and equipment furnished for or in connection with the Services has been filed or made; (b) the Services have been inspected and accepted by Company; and (c) Contractor has met all of the terms of this Agreement.

Agreement Price. 7.1 Payment (a) PRESTON PIPELINES will pay SUBCONTRACTOR for the Services will be at satisfactory performance of this AGREEMENT the rates provided sum of . (b) PRESTON PIPELINES agrees to pay SUBCONTRACTOR monthly progress payments for SUBCONTRACTOR’s work actually and satisfactorily completed, subject to additions and deductions as herein provided, payable as work progresses, in Exhibit B. Contractor will invoice Company and provide Company substantiation of hours worked and costs incurred, including hours worked and costs incurred by third parties providing any part sums equal to ninety (90) percent of the Services. Invoiceslabor, materials, equipment and services that have been placed in triplicate position, as reflected in PRESTON PIPELINES’ application for payment and showing the Agreement number, shall be submitted as promptly as possible, but no later than six (6) months from the date Services are performedapproved by OWNER. Payment for Services in accordance with the provisions of this Agreement will shall be made within thirty seven (307) days after PRESTON PIPELINES actually receives payment from OWNER or General Contractor on account of receiving an invoice SUBCONTRACTOR’s work, provided all other conditions hereof have been satisfied and there are no grounds for withholding. SUBCONTRACTOR as a condition to payment agrees to provide waivers and releases for itself and its subcontractors and suppliers regardless of tier, as well as other evidence of payment to such persons, in the proper a form with written verifications. 7.2 Except as otherwise provided in this Agreementsatisfactory to PRESTON PIPELINES, Contractor shall supply and pay including without limitation, payroll affidavits, receipts, vouchers or other documentation(see section V., Subcontractor Obligations), demonstrating that SUBCONTRACTOR has paid for all labor, equipment, materials, services, materials (which unless otherwise specified shall be new), taxes or other charges in any way relating to SUBCONTRACTOR’s work and all other items ordinarily furnished by Contractor, directly or indirectly, obligations in connection with the ServicesPROJECT. Company PRESTON PIPELINES shall supply be entitled to withhold at its option ten percent (10%) of each estimate until final payment, or the servicesmaximum permitted by law, materials whichever is less, and other items expressly described on Exhibit A. 7.3 Where Contractor, at the request of Company, furnishes services, materials or other items may withhold any payment until SUBCONTRACTOR has furnished PRESTON PIPELINES with suitable evidence (which Company is obligated to furnish or supply, Company, upon receipt from Contractor of substantiation of costs incurred, will reimburse Contractor for the actual costs of those services, materials or other items. 7.4 Company shall have the right to retain any portion of the amount payable to Contractor until such time as Company may include affidavits) that SUBCONTRACTOR has been presented an affidavit in the form attached hereto as Exhibit C from each person or entity that has provided labor, services, materials or equipment in connection with the Services stating that the person or entity has been paid in full for all such laborlabor including union benefits, servicesmaterials, materials or equipment or until the applicable statutory period for filing liens has expired. Company shall have the right to request such affidavits from subcontractorssupplies, vendorstaxes, materialmen, equipment suppliers and laborers. 7.5 Contractor authorizes Company to deduct from any amount payable to Contractor (whether or not arising out of this Agreement), all amounts which may be payable by Contractor to Company, and also all amounts for which Company may become liable to third parties due to Contractor's acts in performing or failing to perform Contractor's obligations under this Agreement. If the amount or validity of these claims made by a third party is disputed by Contractor, or if any indebtedness exists which appears to be the basis for a claim or lien, Company may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. Companies exercise or failure to exercise such right to deduct or to withhold shall not, however, affect the obligation of Contractor to protect Company as elsewhere provided in this Agreement. 7.6 Contractor accepts exclusive liability for payment of federal and state payroll taxes and for contributions for unemployment insurance, old age pensions, annuities, retirement, withholding and other benefits, imposed under any provision of any law, and measured by remuneration paid or payable by Contractor to employees of Contractor engaged in the Services or in any incidental operation. Contractor will require that each subcontractor who performs a -any part of the Services accept the same responsibility and liability with respect to employees of that subcontractor. 7.7 Payment for the Services shall only be due if (a) no lien or claim for labor and services performed or for materials and equipment furnished for or obligations in connection with the Services has been filed work included in this AGREEMENT, written acceptance by the Engineer, full payment therefore by General Contractor and or made; (b) the Services have been inspected OWNER, and accepted by Company; receipt of Conditional/Unconditional Waivers and (c) Contractor has met all Releases from SUBCONTRACTOR and its subcontractors and suppliers, regardless of the terms of this Agreement.tier. Final payment to SUBCONTRACTOR shall be made ten

Agreement Price. 7.1 Payment 2.1 CONTRACTOR will pay SUBCONTRACTOR for the Services will be at the rates provided in Exhibit B. Contractor will invoice Company and provide Company substantiation of hours worked and costs incurred, including hours worked and costs incurred by third parties providing any part satisfactory performance of the ServicesWORK listed in the WORK AUTHORIZATION FORM, those amounts set forth in the WORK AUTHORIZATION FORM for the specific items or tasks set forth therein. 2.2 CONTRACTOR agrees to pay SUBCONTRACTOR for said work subject to additions and deductions as herein provided, payable as work progresses, on estimates made and approved by CONTRACTOR and within ten (10) days after CONTRACTOR actually receives payment from OWNER in relation to SUBCONTRACTOR's Work. Invoices, in triplicate and showing the Agreement number, CONTRACTOR shall be submitted as promptly as possible, but no later than six entitled to withhold at its option ten percent (610%) months from the date Services are performed. Payment for Services in accordance of each estimate until final payment and may withhold any payment until SUBCONTRACTOR has furnished CONTRACTOR with the provisions of this Agreement will be made within thirty (30) days of receiving an invoice in the proper form with written verifications. 7.2 Except as otherwise provided in this Agreement, Contractor shall supply and pay for all services, materials suitable evidence (which unless otherwise specified shall be new)may include affidavits) that SUBCONTRACTOR has paid in full all labor including union benefits, materials, supplies, taxes, withholding and all other items ordinarily furnished by Contractor, directly or indirectly, obligations in connection with the Services. Company shall supply work included in this AGREEMENT, written acceptance by the servicesOWNER, materials full payment therefore by OWNER, and receipt of Unconditional/Conditional Waivers and Releases. 2.3 CONTRACTOR may in addition without prejudice to any other items expressly described on Exhibit A. 7.3 Where Contractorrights and remedies withhold from any payment or retention up to 150% of the amount of any disputed item, at the request including but not limited to, amounts CONTRACTOR believes may be necessary to withhold to protect CONTRACTOR from any potential claims involving SUBCONTRACTOR’s Work, defense costs (including but not limited to attorneys’ fees) of Companyany claims relating to SUBCONTRACTOR’S work, furnishes servicesSUBCONTRACTOR’s deficient performance under this Agreement, materials breach of warranty or other items claims which Company is obligated may result from SUBCONTRACTOR failing to furnish appropriate waivers, releases, affidavits of compliance as called for in this AGREEMENT and certified payrolls under Section 3.7 for itself or supply, Company, upon receipt from Contractor of substantiation of costs incurred, will reimburse Contractor for the actual costs of those services, materials any lower tier subcontractors or other itemssuppliers. 7.4 Company 2.4 CONTRACTOR shall have the right right, at its option, to retain pay directly to any portion of the amount payable person, firm, association or corporation any sum due or to Contractor until become due from Subcontractor to such time as Company has been presented an affidavit in the form attached hereto as Exhibit C from each person payee for performance or entity that has provided furnishing any work, labor, servicesmaterials, materials supplies, tools, equipment, or equipment other things used or intended for use in connection with the Services stating that execution of the person WORK AUTHORIZATION by SUBCONTRACTOR. All such payments made will be considered payment for SUBCONTRACTOR’S account and said amount may be deducted from any amounts due by CONTRACTOR to SUBCONTRACTOR. 2.5 Notwithstanding any other term of this AGREEMENT, CONTRACTOR shall be permitted a reasonable period of time to pursue remedies and collect from OWNER or entity has been paid other persons for progress payments, final payments or other payments on account of SUBCONTRACTOR's work or claims, before payment shall become due to SUBCONTRACTOR. What is a "reasonable time" shall be decided based upon all relevant circumstances, but shall in full for all such laborno event be less than the amount of time needed to pursue to conclusion (including collection) available remedies against OWNER, servicesinsurers, materials or equipment or until the applicable statutory period for filing liens has expired. Company shall have the right to request such affidavits from other subcontractors, vendors, materialmen, equipment suppliers and laborersor any other party responsible for payment. 7.5 Contractor authorizes Company to deduct from any amount payable to Contractor (whether 2.6 Should one or not arising out of this Agreement)more contracts now or hereafter exist between the parties hereto concerning one or more construction projects, all amounts which may be payable then a breach by Contractor to Company, and also all amounts for which Company may become liable to third parties due to Contractor's acts in performing or failing to perform Contractor's obligations under this Agreement. If the amount or validity of these claims made by a third party is disputed by Contractor, or if any indebtedness exists which appears to be the basis for a claim or lien, Company may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. Companies exercise or failure to exercise such right to deduct or to withhold shall not, however, affect the obligation of Contractor to protect Company as elsewhere provided in this Agreement. 7.6 Contractor accepts exclusive liability for payment of federal and state payroll taxes and for contributions for unemployment insurance, old age pensions, annuities, retirement, and other benefits, imposed under any provision SUBCONTRACTOR of any lawcontract may, and measured by remuneration paid or payable by Contractor to employees of Contractor engaged in at the Services or in any incidental operation. Contractor will require that each subcontractor who performs a -any part option of the Services accept the same responsibility and liability with respect to employees CONTRACTOR, be considered a breach of that subcontractor. 7.7 Payment for the Services shall only be due if (a) no lien all contracts. In such event, CONTRACTOR may terminate any or claim for labor and services performed or for materials and equipment furnished for or in connection with the Services has been filed or made; (b) the Services have been inspected and accepted by Company; and (c) Contractor has met all of the terms contracts so breached or may withhold monies due or to become due on such contracts and apply the monies withheld toward payment of this Agreementany damages suffered on that or any other contract.