Common use of Conditions to Scheduled Payments Clause in Contracts

Conditions to Scheduled Payments. Subject to the terms of this Article 4, Owner shall, within thirty (30) days after the later of (i) each successive applicable payment date set forth in the Payment and Milestone Schedule and (ii) receipt by Owner of an invoice package from Contractor in which Contractor certifies that (1) all of the milestones set forth on the Payment and Milestone Schedule required to be achieved prior to such payment date have been achieved in compliance with the standards of performance set forth in Section 10.1 hereof and (2) it is performing the Services hereunder in a timely manner consistent with achieving Final Acceptance of the Facility no later than the Guaranteed Final Acceptance Date (the "Contractor's Payment Request"), make or cause to be made the Scheduled Payments to Contractor with respect to the Services performed; provided, that: (a) Owner shall not be obligated to make any Scheduled Payment hereunder if the Owner, or at the Owner's election, the Independent Engineer fails to confirm the matters so certified to by Contractor in the Contractor's Payment Request with respect to such payment; provided, further, that if Contractor disputes the decision of the Owner or the Independent Engineer, as the case may be, and it is determined pursuant to Article 21 hereof that the Owner or the Independent Engineer, as the case may be, should have confirmed the matters so certified by Contractor in the Contractor's Payment Request with respect to such payment, but failed to do so, then Contractor shall be entitled to interest on such Scheduled Payment in accordance with Section 25.1 hereof to be accrued from the date such Scheduled Payment would otherwise have been due to Contractor until the date actually paid to Contractor; (b) Owner shall not be obligated to make any Scheduled Payment hereunder until Contractor has supplied Owner with the certification and waivers required pursuant to Section 4.6 hereof; and (c) If this Agreement is terminated before the Project Completion Payment is made, Owner shall not be obligated to make further Scheduled Payments or other payments except in accordance with Section 4.4 hereof, if and to the extent applicable.

Conditions to Scheduled Payments. Subject to the terms of this Article 4Agreement, Owner shalland provided that Concessionaire has received Contractor’s request for payment in accordance with Section 4.2.1 above, Concessionaire shall make, or cause to be made, the undisputed portion of the corresponding Scheduled Payment to Contractor within thirty (30) days after the later of (i) each successive applicable payment date set forth in the Payment and Milestone Schedule and (ii) receipt by Owner of an invoice package from Contractor in which Contractor certifies that (1) all of the milestones set forth on the Payment and Milestone Schedule required to be achieved prior to Concessionaire received such request for payment, such payment date have been achieved in compliance to comply with the standards of performance set forth in Section 10.1 hereof and (2) it is performing the Services hereunder in a timely manner consistent with achieving Final Acceptance of the Facility no later than the Guaranteed Final Acceptance Date (the "Contractor's Payment Request")VA. Code § 2.2, make or cause to be made the Scheduled Payments to Contractor with respect to the Services performed; providedet seq., that: (a) Owner shall not be obligated to make any Scheduled Payment hereunder if the Owner, or at the Owner's election, the Independent Engineer fails to confirm the matters so certified to by Contractor in the Contractor's Payment Request with respect to such which addresses prompt payment; provided, however, that Concessionaire may withhold all or part of any Scheduled Payment upon the occurrence of any of the following events, and provided, further, that if Contractor disputes that, other than upon the decision occurrence of an event described in (i), (ii)(B), (vii) and (viii) below, Concessionaire will only withhold such portion of the Owner or Scheduled Payment necessary to protect itself, and upon the occurrence of the event described in (vi) below, Concessionaire will only withhold such portion of the Scheduled Payment not approved by the Independent Engineer: (i) Contractor’s request for payment does not meet the requirements of Section 4.2.1(a), (b) and (d) hereof; (ii) Contractor has not supplied Concessionaire with (A) the certification and the interim lien waivers as described in Section 4.5 hereof or (B) the case may beMonthly Progress Report for the month for which the request for payment has been made as described in Section 2.1.18 hereof; (iii) one or more third parties have filed a mechanics’ lien or similar Claim against Concessionaire or the Project or Project Right of Way resulting from the actions or inactions of Contractor, any Subcontractor, or any person for whom Contractor is legally responsible and it is determined pursuant Contractor has not furnished in respect thereof a bond meeting the requirements of the penultimate sentence of Section 4.5 hereof; (iv) Contractor has failed to Article 21 hereof make timely payments to Subcontractors as required under applicable Subcontracts and Law; provided, however, that the Owner or the Independent Engineer, as the case may be, should have confirmed the matters so certified by Contractor in the Contractor's Payment Request with respect to such payment, but failed to do so, then Contractor foregoing shall be entitled to interest on such Scheduled Payment in accordance with Section 25.1 hereof to be accrued from the date such Scheduled Payment would otherwise have been not apply if Concessionaire has wrongfully withheld payments due to Contractor until the date actually paid to Contractor; (bv) Owner shall not be obligated Contractor fails to make pay any Scheduled Payment hereunder until Contractor has supplied Owner with amounts owing to Concessionaire under the certification and waivers required pursuant to Section 4.6 hereof; andContract Documents; (cvi) If the Independent Engineer does not approve the request for payment; (vii) any event which would permit a Termination For Cause of this Agreement by Concessionaire has occurred and is continuing beyond any applicable cure period; or (viii) this Agreement is terminated before the Project Completion Final Payment is made, Owner in which event Concessionaire shall not be obligated to make further Scheduled Payments or other payments except in accordance with Section 4.4 or Section 15.2 hereof, if and to the extent as applicable.

Conditions to Scheduled Payments. Subject to the terms of this Article 4Agreement, Owner shalland provided that Concessionaire has received Contractor’s request for payment in accordance with S ection 4.2.1 above, within thirty (30) days after the later of (i) each successive applicable payment date set forth in the Payment and Milestone Schedule and (ii) receipt by Owner of an invoice package from Contractor in which Contractor certifies that (1) all of the milestones set forth on the Payment and Milestone Schedule required to be achieved prior to such payment date have been achieved in compliance with the standards of performance set forth in Section 10.1 hereof and (2) it is performing the Services hereunder in a timely manner consistent with achieving Final Acceptance of the Facility no later than the Guaranteed Final Acceptance Date (the "Contractor's Payment Request")Concessionaire shall make, make or cause to be made made, the Scheduled Payments to Contractor with respect to the Services performed; provided, that: (a) Owner shall not be obligated to make any corresponding Scheduled Payment hereunder if the Ownerin compliance with VA Code § 2.2, or at the Owner's electionet seq., the Independent Engineer fails to confirm the matters so certified to by Contractor in the Contractor's Payment Request with respect to such which addresses prompt payment; provided, however, that Concessionaire may withhold all or part of any Scheduled Payment upon the occurrence of any of the following events, and provided, further, that if Contractor disputes that, other than upon the decision occurrence of an event described in (i), (ii), and (vii) below, Concessionaire will only withhold such portion of the Owner Scheduled Payment necessary to protect itself: (i) Contractor’s request for payment does not meet the requirements of S ection 4.2.1(a), (b) and (c) hereof; (ii) Contractor has not supplied Concessionaire with (A) the certification and the interim lien waivers as described in Section 4.5 hereof or (B) the Independent EngineerMonthly Progress Report for the month for which the request for payment has been made as described in Section 2.1.18 hereof; (iii) one or more third parties have filed a mechanics’ lien or similar Claim against Concessionaire, as the case may beXxxx Ex Project or Project Right of Way resulting from the actions or inactions of Contractor, any of its Subcontractor, or any person for whom Contractor is legally responsible, and it is determined pursuant Contractor has not furnished in respect thereof a bond meeting the requirements of the penultimate sentence of S ection 4.5 hereof; (iv) Contractor has failed to Article 21 hereof make timely payments to Subcontractors as required under applicable Subcontracts and Law; provided, however, that the Owner or the Independent Engineer, as the case may be, should have confirmed the matters so certified by Contractor in the Contractor's Payment Request with respect to such payment, but failed to do so, then Contractor foregoing shall be entitled to interest on such Scheduled Payment in accordance with Section 25.1 hereof to be accrued from the date such Scheduled Payment would otherwise have been not apply if Concessionaire has wrongfully withheld payments due to Contractor until the date actually paid to Contractor; (bv) Owner shall not be obligated Contractor fails to make pay any Scheduled Payment hereunder until Contractor has supplied Owner with amounts owing to Concessionaire under this Agreement or the certification and waivers required pursuant to Section 4.6 hereof; andComprehensive Agreement; (cvi) If any event which would permit a Termination For Cause of this Agreement by Concessionaire has occurred and is continuing beyond any applicable cure period; or (vii) this Agreement is terminated before the Project Completion Final Payment is made, Owner in which event Concessionaire shall not be obligated to make further Scheduled Payments or other payments except in accordance with Section 4.4 hereof, if and to the extent applicable.or

Conditions to Scheduled Payments. Subject to the terms of this Article 4, Owner shall, within thirty (30) days after the later of (i) each successive applicable payment date set forth in the Payment and Milestone Schedule and (ii) receipt by Owner of an invoice package from Contractor in which Contractor certifies that (1) all of the milestones set forth on the Payment and Milestone Schedule required to be achieved prior to such payment date have been achieved in compliance with the standards of performance set forth in Section 10.1 hereof required hereunder and (2) it is performing the Services hereunder in a timely manner consistent with achieving Final Acceptance of the Facility no later than the Guaranteed Final Acceptance Date or such later date, if any, that may have been accepted by Owner pursuant to a Plan proposed pursuant to the provisions of Sections 7.2.1 or 7.6.2 hereof (the "Contractor's Payment RequestCONTRACTOR'S PAYMENT REQUEST"), make or cause to be made the Scheduled Payments to Contractor with respect to the Services performed; provided, PROVIDED that: (a) Owner shall not be obligated to make any Scheduled Payment hereunder if the OwnerOwner or, or at the Owner's election, the Independent Engineer fails to confirm the matters so certified to by Contractor in the Contractor's Payment Request with respect to such payment; provided, furtherPROVIDED, that if Contractor disputes the decision of the Owner or the Independent Engineer, as the case may be, Engineer and it is determined pursuant to Article 21 hereof that the Owner or the Independent Engineer, as the case may be, Engineer should have confirmed the matters so certified by Contractor in the Contractor's Payment Request with respect to such payment, but failed to do so, then Contractor shall be entitled to interest on such Scheduled Payment in accordance with Section 25.1 hereof to be accrued from the date such Scheduled Payment would otherwise have been due to Contractor until the date actually paid to Contractor; (b) Owner shall not be obligated to make any Scheduled Payment hereunder until Contractor has supplied Owner with the certification and waivers required pursuant to Section 4.6 hereof; and (c) If this Agreement is terminated before the Project Completion Payment is made, Owner shall not be obligated to make further Scheduled Payments or other payments except in accordance with Section 4.4 hereof, if in the event and only to the extent such Section 4.4 may be applicable.

Conditions to Scheduled Payments. Subject to the terms of this Article 4Agreement, Owner shalland provided that Concessionaire has received Contractor’s request for payment in accordance with Section 4.2.1 above, Concessionaire shall make, or cause to be made, the undisputed portion of the corresponding Scheduled Payment to Contractor within thirty (30) days after the later of (i) each successive applicable payment date set forth in the Payment and Milestone Schedule and (ii) receipt by Owner of an invoice package from Contractor in which Contractor certifies that (1) all of the milestones set forth on the Payment and Milestone Schedule required to be achieved prior to Concessionaire received such request for payment, such payment date have been achieved in compliance to comply with the standards of performance set forth in Section 10.1 hereof and (2) it is performing the Services hereunder in a timely manner consistent with achieving Final Acceptance of the Facility no later than the Guaranteed Final Acceptance Date (the "Contractor's Payment Request")VA. Code §2.2, make or cause to be made the Scheduled Payments to Contractor with respect to the Services performed; providedet seq., that: (a) Owner shall not be obligated to make any Scheduled Payment hereunder if the Owner, or at the Owner's election, the Independent Engineer fails to confirm the matters so certified to by Contractor in the Contractor's Payment Request with respect to such which addresses prompt payment; provided, furtherhowever, that if Contractor disputes Concessionaire may withhold all or part of any Scheduled Payment upon the decision occurrence of any of the Owner following events: (i) Contractor’s request for payment does not include the certification required by Section 4.2.1 hereof or otherwise does not meet the requirements of Section 4.2.1 hereof; (ii) Contractor has not supplied Concessionaire with (i) the certification and the interim lien waivers as described in Section 4.5 hereof or (ii) the Monthly Progress Report for the month for which the request for payment has been made as described in Section 2.1.18 hereof; (iii) one or more third parties have filed a mechanics’ lien or similar claim against Concessionaire or the Independent EngineerProject or Project Right of Way resulting from the actions or inactions of Contractor, any Subcontractor, or any person for whom Contractor is legally responsible and Contractor has not furnished in respect thereof a bond meeting the requirements of the penultimate sentence of Section 4.5 hereof; (iv) Contractor has failed to make timely payments to Subcontractors as the case may berequired under applicable Subcontracts and Applicable Law; provided, and it is determined pursuant to Article 21 hereof however, that the Owner or the Independent Engineer, as the case may be, should have confirmed the matters so certified by Contractor in the Contractor's Payment Request with respect to such payment, but failed to do so, then Contractor foregoing shall be entitled to interest on such Scheduled Payment in accordance with Section 25.1 hereof to be accrued from the date such Scheduled Payment would otherwise have been not apply if Concessionaire has wrongfully withheld payments due to Contractor until the date actually paid to Contractor; (bv) Owner shall not be obligated Contractor fails to make pay any Scheduled Payment hereunder until Contractor has supplied Owner with amounts owing to Concessionaire under the certification and waivers required pursuant to Section 4.6 hereof; andContract Documents; (cvi) If the Independent Engineer does not approve the request for payment; (vii) any event which would permit a Termination For Cause of this Agreement by Concessionaire has occurred and is continuing beyond any applicable cure period; or (viii) this Agreement is terminated before the Project Completion Final Payment is made, Owner in which event Concessionaire shall not be obligated to make further Scheduled Payments or other payments except in accordance with Section 4.4 or Section 15.2 hereof, if and to the extent as applicable.

Conditions to Scheduled Payments. Subject to the terms of this Article 4Agreement, Owner shalland provided that Concessionaire has received Contractor’s request for payment in accordance with Section 4.2.1 above, within thirty (30) days after the later of (i) each successive applicable payment date set forth in the Payment and Milestone Schedule and (ii) receipt by Owner of an invoice package from Contractor in which Contractor certifies that (1) all of the milestones set forth on the Payment and Milestone Schedule required to be achieved prior to such payment date have been achieved in compliance with the standards of performance set forth in Section 10.1 hereof and (2) it is performing the Services hereunder in a timely manner consistent with achieving Final Acceptance of the Facility no later than the Guaranteed Final Acceptance Date (the "Contractor's Payment Request")Concessionaire shall make, make or cause to be made made, the Scheduled Payments to Contractor with respect to the Services performed; provided, that: (a) Owner shall not be obligated to make any corresponding Scheduled Payment hereunder if the Ownerin compliance with VA Code § 2.2, or at the Owner's electionet seq., the Independent Engineer fails to confirm the matters so certified to by Contractor in the Contractor's Payment Request with respect to such which addresses prompt payment; provided, however, that Concessionaire may withhold all or part of any Scheduled Payment upon the occurrence of any of the following events, and provided, further, that if Contractor disputes that, other than upon the decision occurrence of an event described in (i), (ii), and (vii) below, Concessionaire will only withhold such portion of the Owner Scheduled Payment necessary to protect itself: (i) Contractor’s request for payment does not meet the requirements of Section 4.2.1(a), (b) and (c) hereof; (ii) Contractor has not supplied Concessionaire with (A) the certification and the interim lien waivers as described in Section 4.5 hereof or (B) the Independent EngineerMonthly Progress Report for the month for which the request for payment has been made as described in Section 2.1.18 hereof; (iii) one or more third parties have filed a mechanics’ lien or similar Claim against Concessionaire, as the case may beXxxx Ex Project or Project Right of Way resulting from the actions or inactions of Contractor, any of its Subcontractor, or any person for whom Contractor is legally responsible, and it is determined pursuant Contractor has not furnished in respect thereof a bond meeting the requirements of the penultimate sentence of Section 4.5 hereof; (iv) Contractor has failed to Article 21 hereof make timely payments to Subcontractors as required under applicable Subcontracts and Law; provided, however, that the Owner or the Independent Engineer, as the case may be, should have confirmed the matters so certified by Contractor in the Contractor's Payment Request with respect to such payment, but failed to do so, then Contractor foregoing shall be entitled to interest on such Scheduled Payment in accordance with Section 25.1 hereof to be accrued from the date such Scheduled Payment would otherwise have been not apply if Concessionaire has wrongfully withheld payments due to Contractor until the date actually paid to Contractor; (bv) Owner shall not be obligated Contractor fails to make pay any Scheduled Payment hereunder until Contractor has supplied Owner with amounts owing to Concessionaire under this Agreement or the certification and waivers required pursuant to Section 4.6 hereof; andComprehensive Agreement; (cvi) If any event which would permit a Termination For Cause of this Agreement by Concessionaire has occurred and is continuing beyond any applicable cure period; or (vii) this Agreement is terminated before the Project Completion Final Payment is made, Owner in which event Concessionaire shall not be obligated to make further Scheduled Payments or other payments except in accordance with Section 4.4 or Section 15.2 hereof, if and to the extent as applicable.