Conditions to Final Payment; Acceptance and Liens. Company, in its discretion, may withhold Work final acceptance and final payment until Provider (i) ensures the premises are cleaned up to Company’s satisfaction; and (ii) all Work is tested in accordance with the specifications and properly operating. Further, Provider shall submit to Company fully executed, complete and final lien waivers. If Provider fails or refuses to pay any Claim concerning the Agreement which has or may become a charge against Company or its property, whether it shall arise or be presented or discovered before or after final payment to Provider, Company, on notice or knowledge thereof, and on not less than three (3) days’ notice to Provider, may pay or settle or compromise any such Claim or do and perform such obligations, and Provider shall pay Company on demand the actual cost Company paid, or Company may deduct the amount from any sums due or to become due to Provider. No Company payment or use of the Work shall constitute Company’s acceptance of any Work. A. Invoices must include the following information and be supported by attachments documenting the following: (i) Agreement, Order number(s) and line item numbers; (ii) Work description, quantity, unit price and price extension; (iii) Quantities in the same unit of measure as the Order; (iv) Sales tax if applicable; (v) Total invoice amount; (vi) Invoice period by actual dates; (vii) For Work performed on a time and material basis, details showing the breakdown of Provider’s employees’ titles/job classifications and hours and days worked. Offsite and travel hours are to be segregated from on-site Work time; (viii) Copies of approved timesheets for the Work covered by the invoice if Order requires; (ix) Details showing costs and description(s) of equipment and/or material provided; (x) Subcontractor’s invoice (as applicable), delivery ticket or other relevant documentation. Provider is responsible for verifying the accuracy of all Subcontractors’ documentation, prior to submittal to Company. (xi) Mark-up percentage, if applicable; (xii) Copies of expense bills, as applicable, in accordance with the Company’s Policies and Procedures; (xiii) Per diem amounts, dates and total, as applicable; and B. Each Order must be billed separately. C. If a Law requires Company to determine “units of property” segregated costs, Provider agrees to furnish cost breakdowns to assist the Company in such determinations.
Appears in 4 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Conditions to Final Payment; Acceptance and Liens. Company, in its discretion, may withhold Work final acceptance and final payment until Provider (i) ensures the premises are cleaned up to Company’s satisfaction; and (ii) all Work is tested in accordance with the specifications and properly operating. Further, Provider shall submit to Company fully executed, complete and final lien waivers. If Provider fails or refuses to pay any Claim concerning the Agreement which has or may become a charge against Company or its property, whether it shall arise or be presented or discovered before or after final payment to Provider, Company, on notice or knowledge thereof, and on not less than three (3) days’ notice to Provider, may pay or settle or compromise any such Claim or do and perform such obligations, and Provider shall pay Company on demand the actual cost Company paid, or Company may deduct the amount from any sums due or to become due to Provider. No Company payment or use of the Work shall constitute Company’s acceptance of any Work. To the extent allowed by Law, Provider shall not have, create, establish or allow, and hereby waives any rights or claims it might otherwise have to or for, any mortgage, mechanics or other lien upon any Company property or right. Provider shall take all action reasonably necessary to (i) avoid the attachment of a lien on Company’s property, and (ii) remove any lien on Company’s property arising from or in connection with this Agreement. Provider, Subcontractors or materialmen, shall promptly and satisfactorily settle any such Claims.
A. Invoices must include the following information and be supported by attachments documenting the following:
(i) Agreement, Order number(s) and line item numbers;
(ii) Work description, quantity, unit price and price extension;
(iii) Quantities in the same unit of measure as the Order;
(iv) Sales tax if applicable;
(v) Total invoice amount;
(vi) Invoice period by actual dates;
(vii) For Work performed on a time and material basis, details showing the breakdown of Provider’s employees’ titles/job classifications and hours and days worked. Offsite and travel hours are to be segregated from on-site Work time;
(viii) Copies of approved timesheets for the Work covered by the invoice if Order requires;
(ix) Details showing costs and description(s) of equipment and/or material provided;
(x) Subcontractor’s invoice (as applicable), delivery ticket or other relevant documentation. Provider is responsible for verifying the accuracy of all Subcontractors’ documentation, prior to submittal to Company.
(xi) Mark-up percentage, if applicable;
(xii) Copies of expense bills, as applicable, in accordance with the Company’s Policies and Procedures;
(xiii) Per diem amounts, dates and total, as applicable; and
B. Each Order must be billed separately.
C. If a Law requires Company to determine “units of property” segregated costs, Provider agrees to furnish cost breakdowns to assist the Company in such determinations. Company or its authorized representatives will have full and complete access (A) to related Agreement electronic records, and (B) Company shall have access to Provider’s books and records during normal business hours, and upon reasonable notice to (i) perform an audit. Provider’s performance of the Work, internal controls for protecting Company’s Confidential Information, or (ii) to determine Company's rights or Provider's obligations under this Agreement, or to ascertain any facts relative to any Claim against Provider which may become a charge against the Company or the Work. Provider shall provide Company and its authorized representatives with information and assistance to perform the audits at no additional Company cost.
Appears in 1 contract
Samples: Services Agreement
