Common use of Discounts, Rebates and Refunds Clause in Contracts

Discounts, Rebates and Refunds. 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work.

Appears in 4 contracts

Samples: Construction Manager Agreement, Construction Manager Agreement, Construction Manager Agreement

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Discounts, Rebates and Refunds. 6.3.1 § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be securedobtained. 6.3.2 § 6.9.2 Amounts which that accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work.

Appears in 3 contracts

Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Construction Manager as Constructor, Construction Manager Agreement (Peninsula Gaming, LLC)

Discounts, Rebates and Refunds. 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager amounts thereof included them in an Application for Payment and the Construction Manager received payment therefore therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from from, and shall not be included in, the Cost of the Work.

Appears in 2 contracts

Samples: Agreement Between Owner and Construction Manager, Agreement Between Owner and Construction Manager

Discounts, Rebates and Refunds. § 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. § 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph Section 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work.

Appears in 2 contracts

Samples: Construction Manager Agreement (United Therapeutics Corp), Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager Is Also Constructor

Discounts, Rebates and Refunds. 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work.Owner

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Cm as Constructor

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Discounts, Rebates and Refunds. 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1i) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work.

Appears in 1 contract

Samples: Lease Agreement (Immunicon Corp)

Discounts, Rebates and Refunds. 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 6. 3.1 shall be credited to the Owner as a deduction from the Cost of the Work.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Construction Manager (Lifecore Biomedical Inc)

Discounts, Rebates and Refunds. 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1l) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefore therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 6. 3.1 shall be credited to the Owner as a deduction from the Cost of the Work.

Appears in 1 contract

Samples: Construction Manager Agreement (Penn National Gaming Inc)

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