Common use of Cash Allowances Clause in Contracts

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Fee and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to Owner.

Appears in 4 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

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Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall deposit the Cash Allowance Amount into the Cash Allowance Account on the dates (or such earlier dates as agreed) and in the amounts set out in the Specifications which Financial Model at Financial Close and shall be expended as Owner directs through manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with this Section 3.2. (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregate, Cash Allowance Account and shall ensure that such monies earn a rate of interest that is no less than the total amount rate of all cash allowances, Project Co shall be compensated for overhead and profit interest that is quoted or published by Schedule I Banks in Canada as payable on the excess, as provided for in Schedule 11 – Change Procedureinterest bearing Canadian dollar demand deposit accounts; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit Cash Allowance Account will accrue in all cash allowancesthe Cash Allowance Account; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to the CTC on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule CTC shall be prepared by Project Co and reviewed make deposits into the Cash Allowance Account in the event that the payment requirements, including applicable HST, for invoices approved by the Consultant to show when items called CTC for under cash allowances must be authorized and/or ordered so that Cash Allowance Items exceed the progress and completion then balance of the Work are not delayedCash Allowance Account prior to approving any such invoices; (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope of Cash Allowance Account, such balance will be paid by Project Co to the Work elsewhere in this Project Agreement, as may be authorized under a Change Order CTC or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitCTC directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the CTC Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items as well as the itemized and aggregate amounts spent in the aggregate cash immediately preceding month for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the CTC Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices related to Cash Allowance Items that are due for payment that month, including relevant supporting documentation, which shall include copies of all vendor and Project Co Party invoices; (ii) evidence that the commitment by Project Co to purchase the Cash Allowance Items has been approved by the CTC; and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances remaining after available to Project Co in connection with the application Cash Allowance Items. (e) The CTC shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. The CTC shall only be permitted to withhold its approval if the CTC determines that the Request for Payment Approval does not contain the information that the CTC requires, acting reasonably, to discharge its obligations under this Section 3.2(d)(v3.2. If the CTC withholds its approval pursuant to this Section 3.2(e) aboveand subsequently receives the information that the CTC requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, the CTC’s approval for the invoices set out in the aforementioned Request for Payment Approval. (f) If the CTC approves the payment of the invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or Project Co Parties in accordance with this Section 3.2. To the extent the invoices and/or payments approved by the CTC in accordance with this Section 3.2 in respect of Cash Allowance Items are in excess of the then current balance in the Cash Allowance Account, the CTC shall, in accordance with Section 3.2(b)(iv), pay such excess amount into the Cash Allowance Account. (g) Project Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be credited entitled to Owner.any xxxx-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co or any Project Co Party in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; and (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule and any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in Project Co shall open the Specifications Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account no later than two Business Days following Financial Close to which the Cash Allowance shall be expended as Owner directs through applied and shall manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregateCash Allowance Account in trust for, for the total amount benefit of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Proceduredirected by Contracting Authority; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall Cash Allowance Account will accrue in the Cash Allowance Account and will be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowancesthe benefit of Contracting Authority; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to Contracting Authority on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule The Security Escort Services Cash Allowance Amount shall be prepared by the maximum amount payable to Project Co and reviewed by on an aggregate basis for the Consultant to show when items called Security Escort Services Cash Allowance Item. For greater certainty, Contracting Authority shall not be liable for under cash allowances must be authorized and/or ordered so any payment requirements for the Security Escort Services Cash Allowance Item, including applicable HST, for invoices that exceed in the progress and completion of aggregate the Work are not delayedSecurity Escort Services Cash Allowance Amount; (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope Cash Allowance Account, such balance will be the property of the Work elsewhere in this Contracting Authority and will be paid by Project Agreement, Co to Contracting Authority or as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitContracting Authority directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the Contracting Authority Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the Contracting Authority Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices that are due for payment that month, including relevant supporting documentation; (ii) evidence that the commitment by Project Co to purchase the Cash Allowance Items has been approved by Contracting Authority; and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items. (e) Contracting Authority shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. Contracting Authority shall only be permitted to withhold its approval if Contracting Authority determines that the Request for Payment Approval does not contain the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2. If Contracting Authority withholds its approval pursuant to this Section 3.2(e) and subsequently receives the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, Contracting Authority’s approval for the invoices set out in the aforementioned Request for Payment Approval. (f) If Contracting Authority approves the payment of the invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or each Project Co Party from the Cash Allowance Account. (g) Project Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be entitled to any xxxx-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule and any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co; and (v) any costs or expenses in respect of the Security Escort Services Cash Allowance Item that exceed in the aggregate cash allowances remaining after the application Security Escort Services Cash Allowance Amount are the responsibility of Section 3.2(d)(v) above, shall be credited to Owner.Project Co.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner UOHI directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax HST payable by Owner UOHI to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner UOHI and the form and methods of accounting for costs shall be agreed to by OwnerUOHI, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Co Fee and not the cash allowances include Project Co’s 's overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 - Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s 's monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of OwnerUOHI, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 - Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to OwnerUOHI.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Co Fee and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to Owner.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall deposit the Cash Allowance Amount into the Cash Allowance Account no later than one (1) month prior to the scheduled commencement of the Works (as set out in the Specifications Works Schedule) to which the Cash Allowance shall be expended as Owner directs through applied and shall manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs The Cash Allowance Account shall be agreed to by Owner, the Consultant and Project Co before proceeding managed in accordance with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceprovisions: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregate, Cash Allowance Account and shall ensure that such monies earn a rate of interest that is no less than the total amount rate of all cash allowances, Project Co shall be compensated for overhead and profit interest that is quoted or published by Schedule I Banks in Canada as payable on the excess, as provided for in Schedule 11 – Change Procedureinterest bearing Canadian dollar demand deposit accounts; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit Cash Allowance Account will accrue in all cash allowancesthe Cash Allowance Account; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to the College on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule College shall be prepared by Project Co and reviewed make deposits into the Cash Allowance Account in the event that the payment requirements, including applicable HST, for invoices approved by the Consultant to show when items called College for under cash allowances must be authorized and/or ordered so that Cash Allowance Items exceed the progress and completion then balance of the Work are not delayedCash Allowance Account prior to approving any such invoices; (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope of Cash Allowance Account, such balance will be paid by Project Co to the Work elsewhere in this Project Agreement, as may be authorized under a Change Order College or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitCollege directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the College Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items as well as the itemized and aggregate amounts spent in the aggregate cash immediately preceding month for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the College Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices related to Cash Allowance Items that are due for payment that month, including relevant supporting documentation, which shall include copies of all vendor and Project Co Party invoices; (ii) evidence that the commitment by Project Co to purchase the Cash Allowance Items has been approved by the College; and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances remaining after available to Project Co in connection with the application Cash Allowance Items. (e) the College shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. The College shall only be permitted to withhold its approval if the College determines that the Request for Payment Approval does not contain the information that the College requires, acting reasonably, to discharge its obligations under this Section 3.2(d)(v3.2. If the College withholds its approval pursuant to this Section 3.2(e) aboveand subsequently receives the information that the College requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, the College’s approval for the invoices set out in the aforementioned Request for Payment Approval. (f) If the College approves the payment of the invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or Project Co Parties in accordance with this Section 3.2. To the extent the invoices and/or payments approved by the College in accordance with this Section 3.2 in respect of Cash Allowance Items are in excess of the then current balance in the Cash Allowance Account, the College shall, in accordance with Section 3.2(b)(iv), pay such excess amount into the Cash Allowance Account. (g) Project Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be credited entitled to Owner.any mark-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co or any Project Co Party in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; and (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule and any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner CHH directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax HST payable by Owner CHH to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner XXX and the form and methods of accounting for costs shall be agreed to by OwnerCHH, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Co Fee and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of OwnerCHH, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 - Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to OwnerCHH.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall deposit the Cash Allowance Amount into the Cash Allowance Account on the dates (or such earlier dates as agreed) and in the amounts set out in the Specifications which Financial Model at Financial Close and shall be expended as Owner directs through manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with this Section 3.2. (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will deposit the Cash Allowance Amount into the Cash Allowance Account on the dates (or such earlier dates as agreed) and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, amounts set out in the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change ProcedureFinancial Model at Financial Close; (ii) subject to Section 3.2(d)(v), Project Co will hold and manage all monies in the Guaranteed Price Cash Allowance Account and shall be adjusted ensure that such monies earn a rate of interest that is no less than the rate of interest that is quoted or published by Change Order to provide for any aggregate excess or deficit Schedule I Banks in all cash allowancesCanada as payable on interest bearing Canadian dollar demand deposit accounts; (iii) progress payments interest earned on account of Work authorized under cash allowances shall be included the Cash Allowance Account will accrue in the Consultant’s monthly certificates for paymentCash Allowance Account; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion shall provide a reconciliation of the Work are not delayedCash Allowance Account to HMQ on a monthly basis; (v) subject to Project Co’s obligation to fund the Cash Allowance Account pursuant to Section 3.2(b)(i), HMQ shall make deposits into the Cash Allowance Account in the event that the payment requirements, including applicable HST, for invoices approved by HMQ for Cash Allowance Items exceed the then balance of the Cash Allowance Account prior to approving any surpluses such invoices; (vi) if, on the earlier of (i) Final Completion and (ii) the Termination Date, there exists a positive balance in the Cash Allowance Account, such balance will be paid by Project Co to HMQ or as HMQ directs; (vii) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any appropriate modifications to ensure its efficient operation; and (viii) Within the Cash Allowance Account, the Cash Allowance Amount shall be allocated to certain Cash Allowance Items such that no more than: (A) $[REDACTED] shall be committed to or spent on Cash Allowance Items in respect of Category 1 – Items; (B) $[REDACTED] shall be committed to or spent on Cash Allowance Items in respect of Category 2 – Items. (c) Project Co shall provide monthly reports to the HMQ Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items as well as the itemized and aggregate amounts spent in the immediately preceding month for all Cash Allowance Items (itemized separately from amounts spent to date): (a) by way of payment directly from the Cash Allowance Account to Project Co, a Project Co Party or other vendor in respect of any and all Cash Allowance Items; (b) by way of payment directly from Project Co, a Project Co Party or any other Person (other than from the Cash Allowance Account) in respect of any and all Cash Allowance Items; and (c) by way of payment from the Cash Allowance Account to Project Co (or as Project Co may otherwise direct) in respect of payments contemplated in Section 3.2(i); and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly report described in Section 3.2, Project Co shall, on a monthly basis, provide to the HMQ Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices related to Cash Allowance Items that are due for payment that month, including relevant supporting documentation, which shall include copies of all vender and Project Co Party invoices; (ii) evidence that the commitment by Project Co to purchase the Cash Allowance Items has been approved by HMQ; and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items. (e) HMQ shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. HMQ shall only be permitted to withhold its approval if HMQ determines that the Request for Payment Approval does not contain the information that HMQ requires, acting reasonably, to discharge its obligations under this Section 3.2. If HMQ withholds its approval pursuant to this Section 3.2(e) and subsequently receives the information that HMQ requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, HMQ’s approval for the invoices set out in the aforementioned Request for Payment Approval. (f) If HMQ approves the payment of the invoices set out in a cash allowance mayRequest for Payment Approval, at Project Co shall make payment to the election of Owner, be used to fund other cash allowances relevant vendors or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive Co Parties in accordance with this Section 3.2. To the extent the invoices and/or payments approved by HMQ in accordance with this Section 3.2 in respect of Cash Allowance Items are in excess of the then current balance in the Cash Allowance Account HMQ shall, in accordance with, and subject to, Section 3.2(b)(v), pay such excess amount to the relevant vendors or Project Co Party that has provided the relevant Cash Allowance Item. (g) Project Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be entitled to any mark-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co or any Project Co Party in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; and (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule 11 – Change Procedureand any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co. (h) notwithstanding the provisions of this Section 3.2, where HMQ has approved a Request for Payment Approval, and (i) the amount in the Cash Allowance Account is not sufficient to make the payments approved or requested, and (ii) the then balance in the Cash Allowance Account is a positive amount, Project Co shall fund the difference between the amount in the Cash Allowance Account at such time and the outstanding amount of such approved Request for Payment Approval to the maximum amount of the total Cash Allowance Amount (for clarity, determined on an aggregate basis across all Cash Allowance Items). (i) notwithstanding Section 3.2(b)(vi), where Project Co has made a payment in accordance with 3.2(h) or (j) (being, for clarity, a payment directly from Project Co, a Project Co Party or another Person, and not a payment made from the Cash Allowance Account), then Project Co shall be entitled to be reimbursed from the Cash Allowance Account such amounts from subsequent deposits made to the Cash Allowance Account, without interest. Project Co shall provide HMQ with such documentation as it considers necessary, acting reasonably, in respect of the withdrawal of such funds, and provide at least ten (10) Business Days’ written notice to HMQ prior to the withdrawal of such funds from the Cash Allowance Account. (j) in the event that payments, including applicable HST, for invoices and/or payments in respect of any Cash Allowance Item are required to be made to vendors and/or Project Co Parties, as the case may be, but without in advance of the imposition of overhead and profit; and (vi) any surplus date or dates set forth in the aggregate cash allowances remaining after Financial Model at Financial Close for deposit by Project Co into the application of Section 3.2(d)(v) aboveCash Allowance Account, then, in each such case, and notwithstanding that there may be insufficient funds in the Cash Allowance Account at such time, Project Co, and not HMQ, shall make payments to vendors and/or Project Co Parties in respect of all Cash Allowance Items approved in writing by HMQ pursuant to this Section 3.2, (for clarity, such payments being made directly from Project Co, a Project Co Party or another Person, and not from the Cash Allowance Account) provided that Project Co shall not be credited required to Ownermake any payments in excess of the amount representing the total Cash Allowance Amount (for clarity, determined on an aggregate basis across all Cash Allowance Items).

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall open the Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account no later than one (1) month prior to the scheduled commencement of the Works (as set out in the Specifications Works Schedule) to which the Cash Allowance shall be expended as Owner directs through applied and shall manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregateCash Allowance Account in trust for, for the total amount benefit of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Proceduredirected by JBH; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall Cash Allowance Account will accrue in the Cash Allowance Account and will be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowancesthe benefit of JBH; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to JBH on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications Subject to Project Co’s obligation to fund the Construction Schedule Cash Allowance Account pursuant to Section 3.2(a), JBH shall be prepared by Project Co and reviewed by make deposits into the Consultant to show when items called for under cash allowances must be authorized and/or ordered so Cash Allowance Account in the event that the progress and completion payment requirements for Cash Allowance Items, including applicable HST, for invoices approved by JBH that exceed the then balance of the Work are not delayedCash Allowance Account, for clarity, determined on an aggregate basis across all Cash Allowance Items, prior to approving any such invoices; (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope Cash Allowance Account, such balance will be the property of the Work elsewhere in this JBH and will be paid by Project Agreement, Co to JBH or as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitJBH directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the JBH Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the JBH Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices that are due for payment that month, including relevant supporting documentation; (ii) evidence that the commitment by Project Co to purchase the Cash Allowance Items has been approved by JBH; and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items. (e) JBH shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. JBH shall only be permitted to withhold its approval if JBH determines that the Request for Payment Approval does not contain the information that JBH requires, acting reasonably, to discharge its obligations under this Section 3.2. If JBH withholds its approval pursuant to this Section 3.2(e) and subsequently receives the information that JBH requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, JBH’s approval for the invoices set out in the aggregate cash allowances remaining after aforementioned Request for Payment Approval. (f) If JBH approves the application payment of Section 3.2(d)(vthe invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or each Project Co Party from the Cash Allowance Account. (g) aboveProject Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be credited entitled to Owner.any xxxx-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; and (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule and any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner THP directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax HST payable by Owner THP to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner THP and the form and methods of accounting for costs shall be agreed to by OwnerTHP, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Co Fee and not the cash allowances include Project Co’s 's overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 - Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s 's monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of OwnerTHP, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 - Change Procedure, as the case may be, but without the imposition of overhead and profit; andand‌ (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to OwnerTHP. (e) Notwithstanding any other provision in the Project Agreement, Project Co shall not be entitled to an increase in the Guaranteed Price for an event that is set out in the description of a cash allowance in the Specifications unless and until the amount specified for the particular cash allowance (as such amount is set out in the Specifications) is exhausted.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as Project Co shall open the Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account on the dates and in the amounts set out in the Specifications which Financial Model and shall be expended as Owner directs through manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicatedThe cash flow process applicable to the Cash Allowance Account will be as follows:‌ (i) Project Co will hold and manage all monies in the Cash Allowance Account in trust for, cash allowances cover for the net cost benefit of and as directed by Contracting Authority; (ii) interest earned on the Cash Allowance Account will accrue in the Cash Allowance Account and will be for the benefit of Contracting Authority; (iii) Project Co shall provide a reconciliation of the Cash Allowance Account to Contracting Authority on a monthly basis; (iv) Project Co shall obtain the written approval of Contracting Authority prior to committing to purchasing or performing the Cash Allowance Items;‌ (v) subject to Project Co’s obligation to fund the Cash Allowance Account pursuant to Section 3.2(a), Contracting Authority shall make deposits into the Cash Allowance Account in the event that the payment requirements for Cash Allowance Items, including applicable HST, for invoices approved by Contracting Authority, exceed the Cash Allowance Amount, for clarity, determined on an aggregate basis across all Cash Allowance Items;‌ (vi) Contracting Authority shall deposit such funds into the Cash Allowance Account on a date that is no later than 2 Business Days before the date that Project Co is required to make each of servicesthe applicable payments under each of the invoices approved by Contracting Authority pursuant to Section 3.2(b)(v) related to such works; (vii) if, Productson the earlier of (A) Final Completion and (B) the Termination Date, construction machinery there exists a positive balance in the Cash Allowance Account, such balance will be the property of Contracting Authority and equipment, freight, unloading, handling, storage, installation, will be paid by Project Co to Contracting Authority or as Contracting Authority directs; and (viii) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include make any Value Added Tax payable by Owner appropriate modifications to Project Co.ensure its efficient operation. (c) Purchases from cash allowances must be authorized by written instructions issued by Project Co shall provide monthly reports to the Consultant as directed by Owner Contracting Authority Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the form and methods projected effect of accounting for such costs shall be agreed to by Owner, on the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meetingAllowance Account. (d) The parties acknowledge In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the Contracting Authority Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following provisions apply to cash allowances included in the Guaranteed Priceinformation: (i) Project Co’s Fee and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount details of all cash allowances, vendor or Project Co shall be compensated Party invoices that are due for overhead and profit on the excesspayment that month, as provided for in Schedule 11 – Change Procedureincluding relevant supporting documentation; (ii) subject evidence that the commitment by Project Co to purchase and perform the Cash Allowance Items has been approved by Contracting Authority pursuant to Section 3.2(d)(v3.2(b)(iv); and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Guaranteed Price Cash Allowance Items. (e) Contracting Authority shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. Contracting Authority shall only be permitted to withhold its approval if Contracting Authority determines that the Request for Payment Approval does not contain the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2. If Contracting Authority withholds its approval pursuant to this Section 3.2(e) and subsequently receives the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, Contracting Authority’s approval for the invoices set out in the aforementioned Request for Payment Approval.‌ (f) If Contracting Authority approves the payment of the invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or each Project Co Party from the Cash Allowance Account. (g) Project Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be adjusted by Change Order entitled to provide any mark-ups for any aggregate excess profit, overhead or deficit other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in all cash allowancesconnection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) progress payments on account all costs and expenses related to the administration of Work authorized under cash allowances the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be included in borne by Project Co and shall not be charged to the Consultant’s monthly certificates for payment;Cash Allowance Account; and (iv) modifications to the Construction Schedule shall Cash Allowance Amount will be prepared by Project Co deposited and reviewed by the Consultant to show when items called for under cash allowances must Cash Allowance Account will be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive managed in accordance with the Works Schedule 11 – Change Procedureand any costs, as expenses or delays related to funding or managing the case may be, but without Cash Allowance Account are the imposition responsibility of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to Owner.Project Co.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner CMH directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax HST payable by Owner CMH to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner CMH and the form and methods of accounting for costs shall be agreed to by OwnerCMH, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Co Fee and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 - Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of OwnerCMH, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 - Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above), shall be credited to OwnerCMH.

Appears in 1 contract

Samples: Project Agreement

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Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall open the Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account no later than one month prior to the scheduled commencement of the Works (as set out in the Specifications Works Schedule) to which the cash allowance shall be expended as Owner directs through applied and shall manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregateCash Allowance Account in trust for, for the total amount benefit of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Proceduredirected by Contracting Authority; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall Cash Allowance Account will accrue in the Cash Allowance Account and will be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowancesthe benefit of Contracting Authority; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to Contracting Authority on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications Subject to Project Co's obligation to fund the Construction Schedule Cash Allowance Account pursuant to Section 3.2(a), Contracting Authority shall be prepared by Project Co and reviewed by make deposits into the Consultant to show when items called for under cash allowances must be authorized and/or ordered so Cash Allowance Account in the event that the progress and completion payment requirements for Cash Allowance Items, including applicable HST, for invoices approved by Contracting Authority that exceed the then balance of the Work are not delayedCash Allowance Account, for clarity, determined on an aggregate basis across all Cash Allowance Items, prior to approving any such invoices; (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope Cash Allowance Account, such balance will be the property of the Work elsewhere in this Contracting Authority and will be paid by Project Agreement, Co to Contracting Authority or as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitContracting Authority directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the Contracting Authority Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the Contracting Authority Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices that are due for payment that month, including relevant supporting documentation; (ii) evidence that the commitment by Project Co to purchase the Cash Allowance Items has been approved by Contracting Authority; and (iii) any discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items. (e) Contracting Authority shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. Contracting Authority shall only be permitted to withhold its approval if Contracting Authority determines that the Request for Payment Approval does not contain the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2. If Contracting Authority withholds its approval pursuant to this Section 3.2(e) and subsequently receives the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, Contracting Authority's approval for the invoices set out in the aggregate cash allowances remaining after aforementioned Request for Payment Approval. (f) If Contracting Authority approves the application payment of Section 3.2(d)(vthe invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or each Project Co Party from the Cash Allowance Account. (g) aboveProject Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be credited entitled to Owner.any xxxx-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; and (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule and any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner directs through the Consultant by a Cash Allowance Disbursement Authorization. (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax HST payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price: (i) Project Co’s Co Fee and not the cash allowances include Project Co’s Co‟s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Procedure; (ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances; (iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s Consultant‟s monthly certificates for payment; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to Owner.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall deposit the Cash Allowance Amount into the Cash Allowance Account no later than one (1) month prior to the scheduled commencement of the Works (as set out in the Specifications Works Schedule) to which the Cash Allowance shall be expended as Owner directs through applied and shall manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs The Cash Allowance Account shall be agreed to by Owner, the Consultant and Project Co before proceeding managed in accordance with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceprovisions: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregate, Cash Allowance Account and shall ensure that such monies earn a rate of interest that is no less than the total amount rate of all cash allowances, Project Co shall be compensated for overhead and profit interest that is quoted or published by Schedule I Banks in Canada as payable on the excess, as provided for in Schedule 11 – Change Procedureinterest bearing Canadian dollar demand deposit accounts; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit Cash Allowance Account will accrue in all cash allowancesthe Cash Allowance Account; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to the College on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule College shall be prepared by Project Co and reviewed make deposits into the Cash Allowance Account in the event that the payment requirements, including applicable HST, for invoices approved by the Consultant to show when items called College for under cash allowances must be authorized and/or ordered so that Cash Allowance Items exceed the progress and completion then balance of the Work are not delayedCash Allowance Account prior to approving any such invoices; (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope of Cash Allowance Account, such balance will be paid by Project Co to the Work elsewhere in this Project Agreement, as may be authorized under a Change Order College or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitCollege directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the College Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items as well as the itemized and aggregate amounts spent in the aggregate cash allowances immediately preceding month for all Cash Allowance Items; and (iii) the projected cost of each remaining after Cash Allowance Item and the application projected effect of Section 3.2(d)(v) above, shall be credited to Ownersuch costs on the Cash Allowance Account.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. 44.1 This Section 44 applies to the cash allowances for: (a) landscaping of adjacent City of Prince Xxxxxx lands: (b) tenant improvements: (c) rough in and coordination of lab equipment (d) General cash allowance for Authority’s use at its discretion A general description of the cash allowances and responsibilities is attached as Schedule 8 – Cash Allowance Statement of Work. 44.2 The Guaranteed Contract Price includes cash allowances stated in this Agreement. The allowances will be expended, if at all, only as set out the Owner authorizes. The scope of work or costs included in the Specifications which shall such cash allowances will be expended as Owner directs through the Consultant by a Cash Allowance Disbursement Authorizationdescribed in this Agreement. (b) Unless otherwise indicated, cash 44.3 Cash allowances cover the net cost to Project Co the Design-Builder of services, Productsmaterials, products, construction machinery and equipment, freight, unloading, handling, storage, installation, installation and other expenditures authorized expenses by the Owner that are incurred in performing the Work work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meetingallowances. (d) 44.4 The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Contract Price: (i) Project Co’s Fee , and not the cash allowances include Project Coallowances, includes the Design-Builder’s overhead and profit in connection with all such cash allowances. . 44.5 Where the actual costs expended by the Design-Builder for work under all a cash allowances exceed, in allowance exceed the aggregateamount of the cash allowance, the total amount of all cash allowances, Project Co shall Design-Builder will be compensated for any excess incurred and substantiated plus an amount for overhead and profit on as set out in this Agreement. Where the excess, as provided actual costs expended by the Design-Builder for in Schedule 11 – Change Procedure; (ii) subject to Section 3.2(d)(v)work under a cash allowance is less than the amount of the cash allowance, the Guaranteed Owner will be credited for the unexpended portion of the cash allowance, but not for the Design-Builder’s overhead and profit on such amount. Multiple cash allowances will not be combined for the purpose of calculating the foregoing. 44.6 The Contract Price shall will be adjusted by Change Order to provide for any aggregate excess or deficit in all difference between the amount of each cash allowances;allowance and the actual cost of the work under that cash allowance. (iii) progress payments on account 44.7 The value of Work authorized the work performed under a cash allowances shall allowance is eligible to be included in the Consultant’s monthly certificates applications for payment;. (iv) modifications to 44.8 The Design-Builder and the Construction Schedule shall be prepared by Project Co and reviewed by Owner will jointly prepare a schedule that shows when the Consultant to show when Owner, through the Owner, must authorize the ordering of items called for under cash allowances must be authorized and/or ordered so that to avoid delaying the progress and completion of the Work are not delayed; (v) any surpluses in a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profit; and (vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to OwnerWork.

Appears in 1 contract

Samples: Design Build Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as Project Co shall open the Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account on the dates and in the amounts set out in the Specifications which Financial Model and shall be expended as Owner directs through manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregateCash Allowance Account in trust for, for the total amount benefit of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Proceduredirected by Contracting Authority; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall Cash Allowance Account will accrue in the Cash Allowance Account and will be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowancesthe benefit of Contracting Authority; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to Contracting Authority on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by shall obtain the Consultant written approval of Contracting Authority prior to show when items called for under cash allowances must be authorized and/or ordered so that committing to purchasing or performing the progress and completion of the Work are not delayedCash Allowance Items; (v) any surpluses in a cash allowance may, at the election of Owner, be used subject to Project Co’s obligation to fund other cash allowances or the Cash Allowance Account pursuant to fund Changes Section 3.2(a), Contracting Authority shall make deposits into the Cash Allowance Account in the Scope event that the payment requirements for Cash Allowance Items for invoices approved by Contracting Authority, exceed the Cash Allowance Amount, for clarity, determined on an aggregate basis across all Cash Allowance Items; (vi) Contracting Authority shall deposit such funds into the Cash Allowance Account on a date that is no later than 2 Business Days before the date that Project Co is required to make each of the Work elsewhere applicable payments under each of the invoices approved by Contracting Authority pursuant to Section 3.2(b)(v) related to such works; (vii) if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a positive balance in this the Cash Allowance Account, such balance will be the property of Contracting Authority and will be paid by Project Agreement, Co to Contracting Authority or as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitContracting Authority directs; and (viviii) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus in appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the Contracting Authority Representative and the Consultant that include the following information: (i) itemized and aggregate cash allowances amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items; and (iii) the projected cost of each remaining after Cash Allowance Item and the application projected effect of Section 3.2(d)(v) above, shall be credited to Ownersuch costs on the Cash Allowance Account.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances Project Co shall deposit the Cash Allowance Amount into the Cash Allowance Account no later than one (1) month prior to the scheduled commencement of the Works (as set out in the Specifications Works Schedule) to which the Cash Allowance shall be expended as Owner directs through applied and shall manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs The Cash Allowance Account shall be agreed to by Owner, the Consultant and Project Co before proceeding managed in accordance with the purchase. Cash allowance review will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price:provisions:‌ (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregate, Cash Allowance Account and shall ensure that such monies earn a rate of interest that is no less than the total amount rate of all cash allowances, Project Co shall be compensated for overhead and profit interest that is quoted or published by Schedule I Banks in Canada as payable on the excess, as provided for in Schedule 11 – Change Procedureinterest bearing Canadian dollar demand deposit accounts; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit Cash Allowance Account will accrue in all cash allowancesthe Cash Allowance Account; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to the College on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule College shall be prepared by Project Co and reviewed make deposits into the Cash Allowance Account in the event that the payment requirements, including applicable HST, for invoices approved by the Consultant to show when items called College for under cash allowances must be authorized and/or ordered so that Cash Allowance Items exceed the progress and completion then balance of the Work are not delayed;Cash Allowance Account prior to approving any such invoices;‌ (v) any surpluses in if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes positive balance in the Scope of Cash Allowance Account, such balance will be paid by Project Co to the Work elsewhere in this Project Agreement, as may be authorized under a Change Order College or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitCollege directs; and (vi) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any surplus appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the College Representative that include the following information:‌ (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items as well as the itemized and aggregate amounts spent in the aggregate cash allowances immediately preceding month for all Cash Allowance Items; and (iii) the projected cost of each remaining after Cash Allowance Item and the application projected effect of Section 3.2(d)(v) above, shall be credited to Ownersuch costs on the Cash Allowance Account.

Appears in 1 contract

Samples: Project Agreement

Cash Allowances. (a) The Guaranteed Price includes cash allowances as Project Co shall open the Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account on the dates and in the amounts set out in the Specifications which Financial Model and shall be expended as Owner directs through manage the Consultant by a Cash Allowance Disbursement AuthorizationAccount in accordance with Section 3.2(b). (b) Unless otherwise indicated, The cash allowances cover flow process applicable to the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co. (c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review Allowance Account will be part of the regular site meeting. (d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Priceas follows: (i) Project Co’s Fee Co will hold and not the cash allowances include Project Co’s overhead and profit in connection with manage all cash allowances. Where costs under all cash allowances exceed, monies in the aggregateCash Allowance Account in trust for, for the total amount benefit of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Proceduredirected by Contracting Authority; (ii) subject to Section 3.2(d)(v), interest earned on the Guaranteed Price shall Cash Allowance Account will accrue in the Cash Allowance Account and will be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowancesthe benefit of Contracting Authority; (iii) progress payments Project Co shall provide a reconciliation of the Cash Allowance Account to Contracting Authority on account of Work authorized under cash allowances shall be included in the Consultant’s a monthly certificates for paymentbasis; (iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by shall obtain the Consultant written approval of Contracting Authority prior to show when items called for under cash allowances must be authorized and/or ordered so that committing to purchasing or performing the progress and completion of the Work are not delayedCash Allowance Items; (v) any surpluses in a cash allowance may, at the election of Owner, be used subject to Project Co’s obligation to fund other cash allowances or the Cash Allowance Account pursuant to fund Changes Section 3.2(a), Contracting Authority shall make deposits into the Cash Allowance Account in the Scope event that the payment requirements for Cash Allowance Items for invoices approved by Contracting Authority, exceed the Cash Allowance Amount, for clarity, determined on an aggregate basis across all Cash Allowance Items; (vi) Contracting Authority shall deposit such funds into the Cash Allowance Account on a date that is no later than 2 Business Days before the date that Project Co is required to make each of the Work elsewhere applicable payments under each of the invoices approved by Contracting Authority pursuant to Section 3.2(b)(v) related to such works; (vii) if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a positive balance in this the Cash Allowance Account, such balance will be the property of Contracting Authority and will be paid by Project Agreement, Co to Contracting Authority or as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profitContracting Authority directs; and (viviii) the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any appropriate modifications to ensure its efficient operation. (c) Project Co shall provide monthly reports to the Contracting Authority Representative that include the following information: (i) itemized and aggregate amounts committed to date for all Cash Allowance Items; (ii) itemized and aggregate amounts spent to date for all Cash Allowance Items; and (iii) the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account. (d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the Contracting Authority Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: (i) details of all vendor or Project Co Party invoices that are due for payment that month, including relevant supporting documentation; (ii) evidence that the commitment by Project Co to purchase and perform the Cash Allowance Items has been approved by Contracting Authority pursuant to Section 3.2(b)(iv); and (iii) any surplus discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items. (e) Contracting Authority shall, within 10 Business Days of receipt of a Request for Payment Approval, advise Project Co, in writing, whether or not payment of the invoices set out in such Request for Payment Approval is approved. Contracting Authority shall only be permitted to withhold its approval if Contracting Authority determines that the Request for Payment Approval does not contain the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2. If Contracting Authority withholds its approval pursuant to this Section 3.2(e) and subsequently receives the information that Contracting Authority requires, acting reasonably, to discharge its obligations under this Section 3.2, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, Contracting Authority’s approval for the invoices set out in the aggregate cash allowances remaining after aforementioned Request for Payment Approval. (f) If Contracting Authority approves the application payment of Section 3.2(d)(vthe invoices set out in a Request for Payment Approval, Project Co shall make payment to the relevant vendors or each Project Co Party from the Cash Allowance Account. (g) aboveProject Co acknowledges and agrees that: (i) neither it, nor any Project Co Party, shall be credited entitled to Owner.any mark-ups for profit, overhead or other costs associated with the Cash Allowance Items; (ii) all discounts, rebates, refunds, chargebacks, credits, price adjustments and other allowances available to Project Co in connection with the Cash Allowance Items shall be attributed solely to and shall benefit the pricing of the Cash Allowance Items; (iii) all costs and expenses related to the administration of the Cash Allowance Account, including, without limitation, the preparation of Requests for Payment Approval and any required reporting, shall be borne by Project Co and shall not be charged to the Cash Allowance Account; and (iv) the Cash Allowance Amount will be deposited and the Cash Allowance Account will be managed in accordance with the Works Schedule and any costs, expenses or delays related to funding or managing the Cash Allowance Account are the responsibility of Project Co.

Appears in 1 contract

Samples: Project Agreement

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