Common use of Application for Payment Clause in Contracts

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectively. Each Application for Payment shall be reasonably detailed and shall be accompanied by reasonable supporting documentation evidencing the achievement of the milestone pursuant to the schedule of values set forth in Exhibit 9 for which the Milestone Payment is being requested, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior to 5:00 pm Pacific Standard Time; provided, that if such date of delivery is not a Business Day or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, no later than thirty (30) Days after delivery of the Application for Payment; provided that with respect to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance of the Certificate of Block Substantial Completion or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application for Payment and shall pay to Contractor the undisputed portion in accordance with this Section 8.3. If such dispute is resolved within thirty (30) Days after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days after delivery of the Application for Payment. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontracts.

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectively9.1. Each Application Request for Payment shall be reasonably detailed contain documentation acceptable to LAWA and the City. Such documentation shall include invoices for reimbursable expenses, applicable employee time sheets, identification of the scope of work completed, billing by personnel and job classifications and the applicable billing rates. Costs shall be accompanied broken down by reasonable supporting documentation evidencing direct labor costs, indirect field overhead rate, Fee or home office rate if pre-approved by LAWA and other direct costs (ODCs). Each Request for Payment shall also contain a cumulative total of all monthly xxxxxxxx, shall identify cost broken down per Task Order, Task Order authorization amount, the achievement monthly billing applicable to each Task Order, and a cumulative total applicable to each Task Order. 9.2. The Consultant shall also submit with each monthly Requests for Payment, a "Subcontractor’s Small/Minority/Women/Disadvantaged Business Utilization Form.” The failure to submit said Utilization Form with the Request for Payment, will result in delaying the processing of said Request for Payment. 9.3. LAWA reserves the right to require additional substantiation regarding any Request for Payment if LAWA considers such additional substantiation to be in the best interest of LAWA. LAWA shall process the Request for Payment, following LAWA's normal procedure, upon approval of said request by LAWA. 9.4. The parties agree that time is of the milestone pursuant to essence in the schedule submission of values set forth in Exhibit 9 for which the Milestone Payment is being requestedany charge, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application invoice or Request for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior agree that, as a condition precedent to 5:00 pm Pacific Standard Time; providedConsultant’s right to payment, that if such date of delivery is not a Business Day Consultant shall submit any charge, invoice or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, Request for Payment no later than thirty (30) Days after delivery 120 days from the last date of the Application service for Payment; provided which payment is sought. The parties agree that with respect Consultant waives its right to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance of the Certificate of Block Substantial Completion payment for any charge, invoice or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application Request for Payment and shall pay to Contractor submitted more than 120 days from the undisputed portion in accordance with this Section 8.3. If such dispute last date of services for which payment is resolved within thirty (30) Days after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days after delivery of the Application for Payment. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontractssought.

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectively. 9.1 Each Application Request for Payment shall be reasonably detailed contain documentation acceptable to LAWA and the City. Such documentation shall include invoices for reimbursable expenses, applicable employee time sheets, identification of the scope of work completed, billing by personnel and job classifications and the applicable billing rates. Costs shall be accompanied broken down by reasonable supporting documentation evidencing direct labor costs, indirect field overhead rate, Fee, and other direct costs (ODCs). Each Request for Payment shall also contain a cumulative total of all monthly xxxxxxxx, shall identify cost broken down per Task Order, Task Order authorization amount, the achievement monthly billing applicable to each Task Order, and a cumulative total applicable to each Task Order. 9.2 The Consultant shall also submit with each monthly Requests for Payment, a "Subcontractor’s Small/Minority/Women/Disadvantaged Business Utilization Form” as applicable. The failure to submit said Utilization Form with the Request for Payment, may result in delaying the processing of said Request for Payment. 9.3 LAWA reserves the right to require additional substantiation regarding any Request for Payment if LAWA considers such additional substantiation to be in the best interest of LAWA. LAWA shall process the Request for Payment, following LAWA's normal procedure, upon approval of said request by LAWA. 9.4 The parties agree that time is of the milestone pursuant to essence in the schedule submission of values set forth in Exhibit 9 for which the Milestone Payment is being requestedany charge, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application invoice or Request for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior agree that, as a condition precedent to 5:00 pm Pacific Standard Time; providedConsultant’s right to payment, that if such date of delivery is not a Business Day Consultant shall submit any charge, invoice or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, Request for Payment no later than thirty (30) Days after delivery 120 days from the last date of the Application service for Payment; provided which payment is sought. The parties agree that with respect Consultant waives its right to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance of the Certificate of Block Substantial Completion payment for any charge, invoice or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application Request for Payment and shall pay to Contractor submitted more than 120 days from the undisputed portion in accordance with this Section 8.3. If such dispute last date of services for which payment is resolved within thirty (30) Days after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days after delivery of the Application for Payment. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontractssought.

Application for Payment. Between the first (1st) and fifth (5th) Day of each month, Contractor shall submit to PSGC an Application for Payment filled out and signed by Contractor invoicing PSGC for (a) Contractor’s good faith estimate of Reimbursable Costs for the following month consistent with the monthly progress report delivered in accordance with Section 5.2.3 (the “Estimated Reimbursable Costs”), (b) the amount of Fee Installments to be paid for Milestones completed in the prior month in accordance with the Milestone Values in Appendix J, (c) any amount due for which payment was withheld from an earlier payment and where the cause for such withholding no longer applies, and (d) any other amount due to Contractor pursuant to this Agreement. On or before the seventh (7th) Business Day prior to the last Banking Day of such month, Contractor shall reconcile the current Application for Payment with a statement setting forth the actual Reimbursable Costs incurred in the performance of Work in the immediately prior month (the “Actual Reimbursable Costs”) and deliver the such reconciled Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress PSGC in the Work form attached as Appendix R-2C (“Reconciled Application for Payment”). To the extent the Actual Reimbursable Costs for a prior month (including Punch List Items)exceed the Estimated Reimbursable Costs for that month paid to Contractor, including during the period prior to the NTP Date; provided, that the Application for Payment in respect amount of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion such excess shall be delivered when required under Section 16.3 and Section 16.5, respectively. Each Application for Payment shall be reasonably detailed and shall be accompanied payable by reasonable supporting documentation evidencing the achievement of the milestone PSGC pursuant to the schedule current month’s Reconciled Application for Payment. To the extent the Estimated Reimbursable Costs for a prior month paid to Contractor exceed the Actual Reimbursable Costs for that month, the amount of values set forth in Exhibit 9 for which the Milestone Payment is being requested, such excess shall be accompanied credited to PSGC against the amount requested by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Contractor in the current month’s Application for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior to 5:00 pm Pacific Standard Time; provided, that if such date of delivery is not a Business Day or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery credit shall be reflected in the immediately following Business Daycurrent month’s Reconciled Application for Payment. Owner shall make all payments of undisputed amounts when they become due, but in any event, no later than thirty (30) Days after Until delivery of the Application Full Notice to Proceed by PSGC, the aggregate amount of Compensation for Payment; provided that with respect to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance of the Certificate of Block Substantial Completion or Certificate of Facility Substantial Completion, as applicable. If Owner disputes which Contractor may submit a portion of an monthly Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application for Payment and shall pay to Contractor the undisputed portion in accordance with this Section 8.3. If such dispute is resolved within thirty (30) Days after delivery of the or a Reconciled Application for Payment, Owner as the case may be, will not exceed the total limit set forth in the Cash Flow Cap Curve contained in Appendix J. The Cash Flow Cap Curve will be adjusted whenever the Target Price is adjusted pursuant to a Change Order or as otherwise (a) provided in this Agreement, or (b) agreed by the Parties so as to allow timely and efficient completion of the Work. Notwithstanding the foregoing, on the Effective Date of this Agreement, Contractor shall submit an Application for Payment to PSGC for the Estimated Reimbursable Costs for the remaining portion of the then current month and for the next succeeding month without duplication of amounts paid under the Letter of Intent. PSGC shall make payment of such resolved amounts amount within thirty ten (3010) Days after delivery of the Effective Date. Thereafter, Applications for Payment and reconciliations between Estimated Reimbursable Costs and Actual Reimbursable Costs as described above shall continue on a monthly basis as otherwise contemplated by this Section 5.2.2; provided, however, payment of the Estimated Reimbursable Costs specified in the Application for PaymentPayment submitted by Contractor in September 2007, will not be due until October 1, 2007. The Parties recognize that, after Final Completion, the Application for Payment process will be utilized for the invoicing and payment of Reimbursable Costs incurred during the Warranty Period; provided, that because such amounts cannot be estimated, Contractor shall invoice such amounts in arrears. For example, Reimbursable Costs related to Warranty claims incurred in any month shall be responsible invoiced in an Application for paying or ensuring Payment delivered by Contractor between the payment first (1st) and fifth (5th) Day of all Subcontractors in connection with the Work completed by next month. During the Subcontractors in accordance with the terms of such subcontractsWarranty Period, Applications for Payment and Reconciled Applications for Payment need not be submitted monthly.

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectively. Each Application for Payment shall be reasonably detailed and shall be accompanied by reasonable supporting documentation evidencing the achievement of the milestone pursuant to the schedule of values set forth in Exhibit 9 for which the Milestone Payment is being requested, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior to 5:00 pm Pacific Standard Time; provided, that if such date of delivery is not a Business Day or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, no later than thirty (30) Days after delivery of the Application for Payment; provided that the payments in respect of any Application for Payment delivered prior to the NTP Date shall be made in accordance with Section 8.1(a) and with respect to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days days after Owner's acceptance of the Certificate of Block Substantial Completion or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application for Payment and shall pay to Contractor the undisputed portion in accordance with this Section 8.3. If such dispute is resolved within thirty (30) Days after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days after delivery of the Application for Payment. Contractor shall be responsible for paying or *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontracts.

Application for Payment. Promptly after execution of this Agreement and at least twenty-five (25) days before submittal of the first Application for Payment, Contractor shall deliver prepare a Schedule of Values acceptable to Owner indicating the portion of the Contract Price to be paid for various components of the Work. The Schedule of Values will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Owner by and Contractor. Progress payments on account of Unit Price Work will be based on the tenth (10th) Day number of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectivelyunits completed. Each Application for Payment shall be reasonably detailed and shall be accompanied by reasonable supporting documentation evidencing the achievement following, all in form and substance reasonably satisfactory to Owner: (i) A current statement from Contractor setting forth all Subcontractors and any material suppliers with whom Contractor has subcontracted, the amount of each such subcontract, the milestone pursuant to amount requested for any Subcontractor or material supplier in the schedule of values set forth in Exhibit 9 for which the Milestone Payment is being requested, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application for Payment and the documentation supporting achievement amount to be paid to Contractor from such progress payment, together with a current, duly executed waiver of mechanics' and material suppliers' liens from Contractor establishing receipt of payment or satisfaction of the relevant milestone on the same date of delivery payment requested by Contractor if delivered prior to 5:00 pm Pacific Standard Time; provided, that if such date of delivery is not a Business Day or is delivered after 5:00 pm Pacific Standard Time, then in the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, no later than thirty (30) Days after delivery of the current Application for Payment; provided that and (ii) Commencing with respect the second Application for Payment submitted by Contractor, duly executed so-called "after-the-fact" waivers of mechanics' and material suppliers' liens from all Subcontractors, material suppliers, and where appropriate, Sub-subcontractors, establishing receipt of payment or satisfaction of payment of all amounts requested on behalf of such entities and disbursed prior to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance submittal by Contractor of the Certificate of Block Substantial Completion or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an current Application for Payment, Owner shall notify Contractor of such Dispute promptly plus sworn statements from all Subcontractors, materials suppliers, and where, appropriate, Sub-subcontractors, covering all amounts described in any event within fifteen (15) Days after receipt of such this clause. No Application for Payment and shall may include requests for payment of amounts Contractor does not intend to pay to Contractor the undisputed portion in accordance with this Section 8.3a Subcontractor or material supplier because of a dispute or other reason. If such dispute is resolved within thirty (30) Days after delivery of the Each Application for Payment, Owner Payment shall make payment of such resolved amounts within thirty (30) Days after delivery of include a statement certifying that all items for which the previous Application for PaymentPayment was submitted and paid by Owner have been paid by Contractor to the appropriate parties or a statement satisfactory to Owner setting forth the reasons for Contractor's failure to make such payments. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection comply with the Work completed by the Subcontractors in accordance with the terms filing and posting requirements of such subcontractsN.C. Gen. Stat. Section 44A-23(b).

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectivelyCity. 9.1. Each Application Request for Payment shall be reasonably detailed contain documentation acceptable to LAWA and the Such documentation shall include invoices for reimbursable expenses, applicable employee time sheets, identification of the scope of work completed, billing by personnel and job classifications and the applicable billing rates. Costs shall be accompanied broken down by reasonable supporting documentation evidencing direct labor costs, indirect field overhead rate, Fee or home office rate if pre-approved by LAWA, and other direct costs (ODCs). Each Request for Payment shall also contain a cumulative total of all monthly xxxxxxxx, shall identify cost broken down per Task Order, Task Order authorization amount, the achievement monthly billing applicable to each Task Order, and a cumulative total applicable to each Task Order. 9.2. The Consultant shall also submit with each monthly Requests for Payment, a "Subcontractor’s Small/Minority/Women/Disadvantaged Business Utilization Form.” The failure to submit said Utilization Form with the Request for Payment, will result in delaying the processing of said Request for Payment. 9.3. LAWA reserves the right to require additional substantiation regarding any Request for Payment if LAWA considers such additional substantiation to be in the best interest of LAWA. LAWA shall process the Request for Payment, following LAWA's normal procedure, upon approval of said request by XXXX. 9.4. The parties agree that time is of the milestone pursuant to essence in the schedule submission of values set forth in Exhibit 9 for which the Milestone Payment is being requestedany charge, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application invoice or Request for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior agree that, as a condition precedent to 5:00 pm Pacific Standard Time; providedConsultant’s right to payment, that if such date of delivery is not a Business Day Consultant shall submit any charge, invoice or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, Request for Payment no later than thirty (30) Days after delivery 120 days from the last date of the Application service for Payment; provided which payment is sought. The parties agree that with respect Consultant waives its right to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance of the Certificate of Block Substantial Completion payment for any charge, invoice or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application Request for Payment and shall pay to Contractor submitted more than 120 days from the undisputed portion in accordance with this Section 8.3. If such dispute last date of services for which payment is resolved within thirty (30) Days after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days after delivery of the Application for Payment. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontractssought.

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectively9.1. Each Application Request for Payment shall be reasonably detailed contain documentation acceptable to LAWA and the City. Such documentation shall indude invoices for reimbursable expenses, applicable employee time sheets, identification of the scope of work completed, billing by personnel and job classifications and the applicable billing rates. Costs shall be accompanied broken down by reasonable supporting documentation evidencing direct labor costs, indirect field overhead rate, Fee or home office rate if pre-approved by LAWA, and other direct costs (ODCs). Each Request for Payment shall also contain a cumulative total of all monthly xxxxxxxx, xxxx identify cost broken down per Task Order, Task Order authorization amount, the achievement monthly billing applicable to each Task Order, and a cumulative total applicable to each Task Order. 9.2. The Consultant shall also submit with each monthly Requests for Payment, a "Subcontractor’s Small/Minority/Women/Disadvantaged Business Utilization Form,” The failure to submit said Utilization Form with the Request for Payment, will result in delaying the processing of said Request for Payment. 9.3. LAWA reserves the right to require additional substantiation regarding any Request for Payment if LAWA considers such additional substantiation to be in the best interest of LAWA. LAWA shall process the Request for Payment, following LAWA's normal procedure, upon approval of said request by LAWA. 9.4. The parties agree that time is of the milestone pursuant to essence in the schedule submission of values set forth in Exhibit 9 for which the Milestone Payment is being requestedany charge, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application Invoice or Request for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior agree that, as a condition precedent to 5:00 pm Pacific Standard Time; providedConsultant's right to payment, that if such date of delivery is not a Business Day Consultant shall submit any charge, invoice or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, Request for Payment no later than thirty (30) Days after delivery 120 days from the last date of the Application service for Payment; provided which payment is sought. The parties agree that with respect Consultant waives its right to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days after Owner's acceptance of the Certificate of Block Substantial Completion payment for any charge, invoice or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days after receipt of such Application Request for Payment and shall pay to Contractor submitted more than 120 days from the undisputed portion in accordance with this Section 8.3. If such dispute last date of services for which payment is resolved within thirty (30) Days after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days after delivery of the Application for Payment. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontractssought.

Application for Payment. Contractor shall deliver the Application for Payment to Owner by the tenth (10th) Day *** of each month for the milestones completed and progress in the Work for the prior month (including Punch List Items), including during the period prior to the NTP Date; provided, that the Application for Payment in respect of Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, respectively. Each Application for Payment shall be reasonably detailed and shall be accompanied by reasonable supporting documentation evidencing the achievement of the milestone pursuant to the schedule of values set forth in Exhibit 9 for which the Milestone Payment is being requested, shall be accompanied by lien waivers required to be delivered otherwise pursuant to Section 8.4 and shall be sent by facsimile with confirmation of receipt, and Owner shall be deemed to have received such Application for Payment and the documentation supporting achievement of the relevant milestone on the same date of delivery by Contractor if delivered prior to 5:00 pm Pacific Standard Time; provided, that if such date of delivery is not a Business Day or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all payments of undisputed amounts when they become due, but in any event, no later than thirty (30) Days after delivery of the Application for Payment; provided that with respect to Block Substantial Completion and Facility Substantial Completion shall be due within thirty (30) Days *** after Owner's acceptance of the Certificate of Block Substantial Completion or Certificate of Facility Substantial Completion, as applicable. If Owner disputes a portion of an Application for Payment, Owner shall notify Contractor of such Dispute promptly and in any event within fifteen (15) Days *** after receipt of such Application for Payment and shall pay to Contractor the undisputed portion in accordance with this Section 8.3. If such dispute is resolved within thirty (30) Days *** after delivery of the Application for Payment, Owner shall make payment of such resolved amounts within thirty (30) Days *** after delivery of the Application for Payment. Contractor shall be responsible for paying or ensuring the payment of all Subcontractors in connection with the Work completed by the Subcontractors in accordance with the terms of such subcontracts.