Common use of Discounts, Rebates and Refunds Clause in Contracts

Discounts, Rebates and Refunds. Cash discounts obtained on payments made by the Design Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Builder shall make provisions so that such amounts can be secured.

Appears in 3 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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Discounts, Rebates and Refunds. Cash discounts obtained on payments made by the Design Design- Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Design-Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Design- Builder shall make provisions so that such amounts can be secured.

Appears in 3 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

Discounts, Rebates and Refunds. Cash discounts obtained on payments made by the Design Design-Builder shall accrue to the Department if: if (i) before making such payment(s)the payment, the Design-Builder included them in an Application for Payment and received payment therefor from the Department; , or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All payments; other cash discounts shall accrue to the Design- Design-Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Design-Builder shall make provisions so that such amounts they can be secured.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Discounts, Rebates and Refunds. Cash discounts obtained on payments made by the Design Design-Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Design-Builder shall make provisions so that such amounts can be secured.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Discounts, Rebates and Refunds. 9.4.1 Cash discounts obtained on payments made by the Design Design-Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Design-Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Design-Builder shall make provisions so that such amounts can be secured. 9.4.2 Amounts that accrue to the Department in accordance with the provisions of Section 9.3 shall be credited to the Department as a deduction from the Cost of the Work.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

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Discounts, Rebates and Refunds. Cash discounts obtained on payments made by the Design Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Builder shall make provisions so that such amounts can be secured. Amounts that accrue to the Department in accordance with the provisions of Section 0 shall be credited to the Department as a deduction from the Cost of the Work.

Appears in 1 contract

Samples: Design Build Agreement

Discounts, Rebates and Refunds. 9.3.1 Cash discounts obtained on payments made by the Design Design-Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Design-Builder. Trade discounts, rebates, refunds refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Design-Builder shall make provisions so that such amounts can be secured. 9.3.2 Amounts that accrue to the Department in accordance with the provisions of Section 9.3 shall be credited to the Department as a deduction from the Cost of the Work.

Appears in 1 contract

Samples: Design Build Agreement

Discounts, Rebates and Refunds. Cash discounts obtained on payments made by the Design Design-Builder shall accrue to the Department if: (i) before making such payment(s), the Design-Builder included them in an Application for Payment and received payment therefor from the Department; or (ii) the Department has deposited funds with the Design-Builder with which to make such payment(s). All other cash discounts shall accrue to the Design- Design-Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Department, and the Design Design-Builder shall make provisions so that such amounts can be secured.

Appears in 1 contract

Samples: Design Build Agreement

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