Common use of Certification Regarding Payment Clause in Contracts

Certification Regarding Payment. TxDOT acknowledges that DB Contractor may satisfactorily perform Work which entitles it to payment amounts in excess of the cumulative monthly amounts allowed under the Maximum Payment Schedule prior to the final payment. Upon DB Contractor's request, TxDOT will provide reasonable certification of such amounts. Such amounts may not be subject to deductions available to TxDOT under this DBA or a right of offset by TxDOT, provided that DB Contractor and TxDOT have agreed upon reasonable safeguards for issuance of the certifications; and provided further that nothing herein shall prevent TxDOT from exercising its right of offset or to deductions against sums that otherwise would be payable to DB Contractor under the Maximum Payment Schedule or from exercising its rights under the Retainage Bond, Performance Bond, Payment Bond or Guaranty. Notwithstanding any other provision in this DBA, DB Contractor may assign all or any portion of its rights, title and interests in and to payment of such amounts certified by TxDOT, or to any other payment made or owed by TxDOT under this DBA, to any Person from which DB Contractor obtains financing to complete any portion of the Work.

Certification Regarding Payment. TxDOT acknowledges that DB Contractor may satisfactorily perform Work which entitles it to payment amounts in excess of the cumulative monthly amounts allowed under the Maximum Payment Schedule prior to the final payment. Upon DB Contractor's request, TxDOT will provide reasonable certification of such amounts. Such amounts may not be subject to deductions available to TxDOT under this DBA Agreement or a right of offset by TxDOT, provided that DB Contractor and TxDOT have agreed upon reasonable safeguards for issuance of the certifications; and provided further that nothing herein shall prevent TxDOT from exercising its right of offset or to deductions against sums that otherwise would be payable to DB Contractor under the Maximum Payment Schedule or from exercising its rights under the Retainage Bond, Performance Bond, Payment Bond or Guaranty. Notwithstanding any other provision in this DBAAgreement, DB Contractor may assign all or any portion of its rights, title and interests in and to payment of such amounts certified by TxDOT, or to any other payment made or owed by TxDOT under this DBAAgreement, to any Person from which DB Contractor obtains financing to complete any portion of the Work.

Certification Regarding Payment. TxDOT acknowledges that DB Contractor may satisfactorily perform Work which entitles it to payment amounts in excess of the cumulative monthly amounts allowed under the Maximum Payment Schedule prior to the final payment. Upon DB Contractor's '’s request, TxDOT will provide reasonable certification of such amounts. Such amounts may not be subject to deductions available to TxDOT under this DBA Agreement or a right of offset by TxDOT, provided that DB Contractor and TxDOT have agreed upon reasonable safeguards for issuance of the certifications; and provided further that nothing herein shall prevent TxDOT from exercising its right of offset or to deductions against sums that otherwise would be payable to DB Contractor under the Maximum Payment Schedule or from exercising its rights under the Retainage Bond, Performance Bond, Payment Bond or Guaranty. Notwithstanding any other provision in this DBAAgreement, DB Contractor may assign all or any portion of its rights, title and interests in and to payment of such amounts certified by TxDOT, or to any other payment made or owed by TxDOT under this DBAAgreement, to any Person from which DB Contractor obtains financing to complete any portion of the Work.