Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk submits to the Owner:
a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@Risk;
b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner;
c) Consent of Surety to Final Payment;
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work;
e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents;
f) All Project warranty documents, including special manufacturers warranties;
g) Final Subcontractor List;
h) All approved submittals and shop drawings (electronic copy);
i) Schedule of Required Maintenance;
j) Operation and Maintenance Manuals (electronic and hard copies);
k) As-Builts (electronic copies, hard copies and BIM Model);
l) Any required Owner training provided by CM@Risk;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional;
o) Commissioning completed and reports received;
p) All keys have been returned; and
q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk in Contract Documents, to be received by Owner.
Conditions Precedent to Final Payment. Neither final payment nor any final release of Retainage shall become due until the Design/Builder submits to the Owner:
5.13.2.1 an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied;
5.13.2.2 a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) Days' prior written notice has been given to the Owner;
5.13.2.3 consent of Surety to final payment; and
5.13.2.4 if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents. If a Team Subcontractor or Subcontractor refuses to furnish a release or waiver required by the Owner, the Design/Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.
Conditions Precedent to Final Payment. OSMB shall not be obligated to make final payment hereunder until the following have been completed or supplied:
a. Supporting documentation in form and content determined by OSMB, has been received reviewed and approved by OSMB; and
b. Recipient provides a minimum of three photographs detailing the completed work. One photo must be of the installed sign crediting OSMB with funding the Project; and
c. Inspection and approval of the Project by OSMB.
Conditions Precedent to Final Payment. The final payment shall not become due until the Contractor submits to the Engineer: 1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied; 2) consent of surety to final payment; 3) if required by this Contract or applicable law or ordinance, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Work, to the extent and in such form as may be designated by the Owner; 4) items as required by Paragraph 2.01(13) of this Contract; If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify Owner against any such lien. If any such lien remains unsatisfied after all payments are made and a bond satisfactory to the Owner to indemnify owner against any such lien is not provided by the Contractor, the Contractor shall pay on demand to the Owner all moneys that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney’s fees.
Conditions Precedent to Final Payment. Prior to being entitled to receive final payment, and as a condition precedent thereto, Design/Builder shall furnish Owner, in the form and manner required by Owner, the following:
.1 An affidavit that all of Design/Builder’s obligations to Subcontractors, laborers, equipment or material Suppliers, or other third parties in connection with the Project, have been paid or otherwise satisfied;
.2 If required by Owner, separate releases or waivers from each Subcontractor, lower tier subcontractor, laborer, Supplier or other person or entity with connection to the Project, or proof of payment such as receipts;
.3 Consent of surety to final payment;
.4 Complete as-built drawings and the record set of Contract Documents;
.5 All product warranties, operating manuals, instruction manuals and other record documents, drawings and things customarily required of a Contractor, or expressly required herein, as a part of or prior to Project closeout; and
.6 Verification that Design/Builder has paid all taxes as required by Idaho Code, Title 63, Chapter 15.
Conditions Precedent to Final Payment. Issuance of a Certificate of Final Completion is a condition precedent to scheduling the TFC Final Inspection set forth in Tex. Gov’t. Code § 2166.356 and Contractor’s right to receive Final Payment.
Conditions Precedent to Final Payment. Prior to being entitled to receive final payment, and as a condition precedent thereto, Design/Builder shall furnish Owner, in the form and manner required by Owner, the following:
(1) An affidavit that all of Design/Builder's obligations to Subcontractors, laborers, equipment or material Suppliers, or other third parties in connection with the Project, have been paid or otherwise satisfied, and receipt from the State of Nebraska, Department of Labor, Division of Employment From No. 16, Certificate of Contribution Status, certifying that Design/Builder and each of its Subcontractors have paid all contributions and interest due to and including the calendar quarter immediately preceding the date of Substantial Completion;
(2) If required by Owner, separate releases of lien or lien waivers from each Subcontractor, lower tier subcontractor, laborer, Supplier or other person or entity who has, or might have a claim against Owner or Owner's property;
(3) If applicable, consent(s) of surety to final payment;
(4) A complete As-Built Building Information Model (BIM) utilizing AUTODESK REVIT 2009 software (See Exhibit C), and the record set of Field Modified/Noted Contract Documents.
(5) All product warranties, operating manuals, instruction manuals and other record documents, drawings and things customarily required of a Contractor, or expressly required herein, as a part of or prior to Project closeout.
Conditions Precedent to Final Payment. Neither final payment nor any final release of Retainage shall become due until the Design-Builder submits to the Owner:
6.11.2.1 An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by Design-Builder;
6.11.2.2 A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) Days’ prior written notice has been given to the Owner;
Conditions Precedent to Final Payment. Prior to being entitled to receive final payment and as a condition precedent thereto, Design/Builder shall furnish Owner, in the form and manner required by the Director, the following:
(1) consent of surety to final payment;
(2) a complete set of the as-built drawings and the record set of Contract Documents; and
(3) all product warranties, operating manuals, instruction manuals and other record documents, drawings and things customarily required of a Contractor, or expressly required herein, as a part of or prior to Project closeout.
Conditions Precedent to Final Payment. The Purchaser shall pay (or cause to be paid) to Depomed $10,000,000 in immediately available funds by wire transfer to the Seller Account when (the date on which the conditions below have been satisfied or waived by the Purchaser, the “Consent Effective Date”):
(a) the Purchaser shall have received an executed copy of an amended and restated limited liability company agreement of the Seller in the form attached hereto as Exhibit A (the “LLC Agreement”) and Depomed, as the sole member of the Seller, shall have taken action by written consent of the sole member in the form attached hereto as Exhibit B to appoint the PDL Subsidiary as the sole manager of the Seller; and
(b) the Purchaser shall have received a Required Consent (as defined in Section 6(b) herein) with respect to the Santarus Agreement.
