Determination of Dispute. If the determination of any dispute referred to in Clause 33.4 shows that: 33.5.1 the Authority has withheld any amount which the Contractor was entitled to be paid; or 33.5.2 the Contractor has claimed under Clause 33.2 any amount which it was not entitled to be paid, the Authority shall pay to the Contractor any amount which the Contractor is entitled to be paid or, if the Contractor has been paid an amount which it was not entitled to be paid, the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay by the Authority) or from the date on which over payment was made (in the case of excess claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgement.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Determination of Dispute. If the determination of any dispute referred conducted pursuant to in Clause 33.4 45.10 (Dispute) shows that:
33.5.1 45.11.1 the Authority has withheld any amount which the Contractor was entitled to be paid; or
33.5.2 45.11.2 the Contractor has claimed under Clause 33.2 Clauses 45.2 and 45.3 (Report and Invoice) any amount which it was not entitled to be paid, the Authority shall pay such amount to the Contractor any amount which the Contractor is entitled to be paid or, if the Contractor has been paid an amount which it was not entitled to be paid, or the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate Rate, calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay by the Authority) or from the date on which over payment was made (in the case of excess excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgementjudgment.
Appears in 1 contract
Samples: Residual Waste Treatment Contract
Determination of Dispute. If the determination of any dispute referred conducted pursuant to in Clause 33.4 45.11 (Dispute) shows that:
33.5.1 45.12.1 the Authority has withheld any amount which the Contractor was entitled to be paid; or
33.5.2 45.12.2 the Contractor has claimed under Clause 33.2 Clauses 45.2 and 45.3 (Report and Invoice) any amount which it was not entitled to be paid, the Authority shall pay such amount to the Contractor any amount which the Contractor is entitled to be paid or, if the Contractor has been paid an amount which it was not entitled to be paid, or the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate Rate, calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay by the Authority) or from the date on which over payment was made (in the case of excess excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgementjudgment.
Appears in 1 contract
Samples: Residual Waste Treatment Contract