Approval of Payments Sample Clauses

Approval of Payments. The AE will, within ten (10) calendar days after receipt of each Application for Payment, either indicate his approval of payment and deliver the application to the Owner or return the Application to the CM indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the Application. The Owner will, within five (5) calendar days after receipt of each approved application for payment, either indicate their approval of payment and within fifteen (15) calendar days pay the CM ninety five percent (95%) of the portion of the GMP properly allocated to labor, materials and equipment incorporated in the Work and ninety five percent (95%) of the portion of the GMP properly allocated to materials and equipment suitably stored at the site or at some other location or return the application to the CM through the AE indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the application to the AE. The AE's approval of any payment requested in an Application for Payment shall constitute a representation by him to the Owner, based on the AE's on-site observations of the Work in progress and on his review of the Application for Payment and the supporting data that the CM is entitled to payment of the amount approved. The AE may refuse to approve the whole or any part of any payment if in his opinion, he is unable to make such representations to the Owner. He may then refuse to approve any such payment because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the Owner from loss because: 1) The Work is defective; 2) A portion of such payment is the subject of a dispute or claim that has been filed. 3) The amount has been reduced because of Modifications; 4) The Owner has been required to correct defective Work or complete the Work in accordance with the guarantee and warranty. 5) Of unsatisfactory prosecution of the Work, including failure to clean up.

Approval of Payments. 14.4.1 CEI or A/E will, within ten (10) days after receipt of each Application for Progress Payment, either indicate in writing recommendation for its approval of payment and present the application to County, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, make necessary arrangements to promptly pay Contractor the amount recommended by the CEI or A/E or return such applications to the CEI or A/E stating objections in writing. 14.4.2 CEI or A/E’s recommendation for approval of any payment requested in an Application for Progress Payment will constitute a representation by it to County, based on CEI or A/E’s on-site observations of the Work in progress and on its review of the Application for Progress Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of its knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning project upon completion; the minor deviations from the Contract Documents correctable prior to completion; the results of any subsequent tests called for in the Contract Documents; and any qualifications stated in its recommendation); and that Contractor is entitled to payment of the amount approved. However, by recommending any such payment CEI or A/E will not thereby be deemed to have represented that it made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that it has reviewed the means, methods, techniques, sequences, and procedures of construction, or that it has made any examination to ascertain how or for what purpose Contractor has used the monies paid or to be paid to it on account of the Contract Sum, or that title to any Work, materials or equipment has passed to County free and clear of any claims by third parties. 14.4.3 CEI or A/E’s recommendation for final payment shall constitute a representation by it to County that the conditions precedent to Contractor being entitled to final payment as set forth in Section 14.10.1, have been fulfilled. 14.4.4 CEI or A/E may refuse to recommend the whole or any part of any payment if, in its opinion, it would be incorrect to make such recommendation to County. It may also, because of subsequently discovered evide...

Approval of Payments. Prior to making any payment or advance under Section 7.1, the Company shall give notice to all Members of the proposed payment and shall provide the Members with such information as they may request to assess the Company’s obligation to make such payment. If either Member objects to such payment within ten (10) days after receipt of such notice, the Company shall submit the issue to arbitration under Section 13.3 and shall make payment to the claimant only to the extent that the arbitrators determine payment to be due or that the Members subsequently agree. As a condition to the right to indemnification under this Agreement, each Person otherwise entitled to indemnification must execute and deliver to the Company a written agreement to be bound by the decision of the arbitrator with respect to any claim for indemnification. Such Person shall be a party to any such arbitration proceedings, whether or not such person elects to appear therein.

Approval of Payments. The AE will, within ten (10) calendar days after receipt of each Application for Payment, either indicate his approval of payment and deliver the application to the Owner or return the Application to the CM indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the Application. The Owner will, within five (5) calendar days after receipt of each approved application for payment, either indicate their approval of payment and within fifteen (15) calendar days pay the CM ninety percent (90%) of the portion of the GMP properly allocated to labor, materials and equipment incorporated in the Work and ninety percent (90%) of the portion of the GMP properly allocated to materials and equipment suitably stored at the site or at some other location or return the application to the CM through the AE indicating in writing the reason for refusing to approve payment. In the latter case, the CM may make the necessary corrections and resubmit the application to the AE. At 50% project completion, the amount of retainage withheld from payments shall be reduced to 5%. The AE's approval of any payment requested in an Application for Payment shall constitute a representation by him to the Owner, based on the AE's on-site observations of the Work in progress and on his review of the Application for Payment and the supporting data that the CM is entitled to payment of the amount approved. The AE may refuse to approve the whole or any part of any payment if in his opinion, he is unable to make such representations to the Owner. He may then refuse to approve any such payment because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the Owner from loss because: 1) The Work is defective; 2) A portion of such payment is the subject of a dispute or claim that has been filed. 3) The amount has been reduced because of Modifications; 4) The Owner has been required to correct defective Work or complete the Work in accordance with the guarantee and warranty. 5) Of unsatisfactory prosecution of the Work, including failure to clean up.

Approval of Payments. (a) City will, within ten (10) days after receipt of each duly certified and approved application for payment, either indicate in writing its approval of payment or return the application to Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, Contractor may make the necessary corrections and resubmit the application, and City will, within ten (10) days of presentation to it of an approved application for payment, pay Contractor the amount so approved. (b) City may refuse to approve the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests which nullify the grounds for any payment previously approved, to such extent as may be necessary in its opinion to protect itself from loss because: (i) The Work is defective; (ii) Claims have been filed or there is reasonable evidence indicating the probable filing of claims; (iii)The Contract price has been reduced because of Modifications;

Approval of Payments. 15.4.1 The Professional will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to the City, or return the application to Contractor indicating in writing Professional’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. The City shall, within 31 calendar days of presentation to them of the application for payment with Professional’s recommendation of the amount for payment, pay Contractor amount recommended, unless the City has reasons to refuse or contest the amount of the Application for Payment. 15.4.2 The Professional’s recommendation of any payment requested in an Application for Payment will constitute a representation by the Professional to the City based on the Professional’s review of the Application for Payment and the accompanying data and schedules, that to the best of Professional’s knowledge, information and belief: The Work has progressed to the point indicated. The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work and to any other qualifications stated in the recommendation), and The conditions precedent to the Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is the Professional’s responsibility to observe the Work. 15.4.3 By recommending any such payment, the Professional will not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Professional in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or entitle the City to withhold payment to the Contractor. 15.4.4 The Professional‘s recommendation of any payment, including final payment, shall not mean that the Professional is responsible for Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the C...

Approval of Payments. 21.1 By approving any such payment, the County Engineer shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work; that he has reviewed the means, methods and techniques, sequences and procedures of construction; or that he has made any examination to ascertain how or for what purpose the Contractor has used the monies paid or to be paid to him. 21.2 The County Engineer may nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the County from loss because: 21.2.1 The Work is defective. 21.2.2 Claims have been filed, or there is reasonable evidence indicating the probable filing thereof. 21.2.3 The Contract Price has been reduced. 21.2.4 The County has been required to correct defective Work or complete the Work in accordance with EXHIBIT A, Paragraph 18, or 21.2.5 Unsatisfactory prosecution of the Work, including failure to clean up as required by

Approval of Payments. Each Shareholder hereby approves the payment of a portion of the Purchase Price to the holders of the Company Stock Derivatives, each of whom is an Employee, in the amount for each such holder set forth on Schedule 1.

Approval of Payments. Except for amounts specifically set forth herein as Loan Advances, FHRI shall submit for approval by the Tribe of any contract, arrangement, stipend, fee or expense which is an advance under the Loan. The Tribe shall approve as reimbursable such contract, arrangement, stipend, fee or expense on a form provided for that purpose.

Approval of Payments. The Library’s Project Manager will, within twenty (20) business days after receipt of each application for payment, either indicate his approval of payment or return the Application to the XXXX indicating in writing the reason for refusing to approve payment. In the latter case, the XXXX may make the necessary corrections and A. The Work is defective; B. Claims have been filed or there is reasonable evidence indicating the probable filing thereof; C. The Contract Amount has been reduced because of Change Order(s); D. The Library has been required to correct defective Work or complete the Work in accordance with Article 16; or E. Of unsatisfactory prosecution of the Services, including failure to clean up as required by Article 9.