Common use of FAILURE OF PAYMENT Clause in Contracts

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) days after receipt, except as provided in Paragraph 9.4.3 the amount certified by the Architect then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7.

Appears in 16 contracts

Samples: Agreement, Agreement, Agreement

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FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's ’s Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receiptthe date established in the Contract Documents, except as provided in Paragraph 9.4.3 the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's ’s reasonable costs of shut-downshutdown, delay and start-start- up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 5 contracts

Samples: www.fountaininngas.org, www.marshalltown-ia.gov, www.gov.bm

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's ’s Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receiptthe date established in the Contract Documents, except as provided in Paragraph 9.4.3 the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's ’s reasonable costs of shut-downshutdown, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 4 contracts

Samples: Remodeling Agreement, go.boarddocs.com, www.bigskyeconomicdevelopment.org

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's ’s Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's ’s reasonable costs of shut-shut- down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 2 contracts

Samples: www.fitnyc.edu, bidcondocs.delaware.gov

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 2 contracts

Samples: Immunicon Corp, Empire Resorts Inc

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's ’s Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect Architect, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased if approved by Change Order by the amount of the Contractor's ’s reasonable costs of shut-down, delay delay, and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 1 contract

Samples: Form of Agreement

FAILURE OF PAYMENT. § 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The applicable Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 1 contract

Samples: Agreement (Sierra Pacific Resources /Nv/)

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the xxxx established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 1 contract

Samples: Corixa Corp

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 1 contract

Samples: 70.248.29.17:8085

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FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by litigation, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7.

Appears in 1 contract

Samples: Contract for Construction (Monarch Casino & Resort Inc)

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's ’s Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect Architect, unless such failure is due to a reason enumerated then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's ’s reasonable costs of shut-down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 1 contract

Samples: Agreement

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three (3) business seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five (25) seven days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-downshut­-down, delay and start-up, which shall be accomplished plus interest as provided for in Article 7the Contract Documents.

Appears in 1 contract

Samples: STAMPS.COM Inc

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three five (35) business days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five ten (2510) days after receiptthe date established in the Contract Documents the sum determined to be due pursuant to the Contract Documents, except as provided in Paragraph 9.4.3 the amount certified by the Architect then the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing sum determined to be due has been receivedmade. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7.

Appears in 1 contract

Samples: Construction Contract (NightHawk Biosciences, Inc.)

FAILURE OF PAYMENT. 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within three ten (310) business days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within twenty-five ten (2510) days after receipt, except as provided the date established in Paragraph 9.4.3 the Contract Documents the amount certified by the Architect and undisputed by the Owner, then the Contractor may, upon seven ten (710) additional days' days written notice to the Owner and Architect, stop the Work until payment of the undisputed amount owing owed has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7.

Appears in 1 contract

Samples: www.spotsylvania.k12.va.us:443

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