Final Installment. The Designer shall be paid the unpaid balance of the fee for Construction Phase/Final Completion as stipulated in Attachment A (as that fee may be amended), upon compliance with the following requirements:
6.5.1 Approval of the Certificate of Final Completion of construction (such Certificate to be in the form developed by the Authority). In cases where a Certificate of Partial Release of Retainage is approved, the Designer shall be paid up to an amount commensurate with the percent of retainage released until a Certificate of Final Completion is approved; and
6.5.2 Delivery by the Designer to the Owner of the Record Drawings required by this Contract; and
6.5.3 Verification of payment to MBE/WBE Subconsultants or Subconsultants identified on Attachment C and as required by Article 17.4; and
6.5.4 A written evaluation of the General Contractor or CM at Risk by the Designer from which the Owner shall be able to complete its submission of the Contractor Evaluations as required by M.G.L. c.149 § 44D(7).
6.5.5 In the event that the Designer is unable to comply with items 6.5.1 and 6.5.2 above due to reasons beyond the Designer’s control, as determined by the Owner, Final Installment shall not be unreasonably withheld or delayed beyond 60 days after the date of Substantial Completion, provided that the Designer has complied with all other requirements.
Final Installment. The Final Installment shall be deposited with the Builder’s Bank by telegraphic transfer remittance at least three (3) Business Days prior to the scheduled Delivery of the Vessel notified by the Builder, with instructions that the said installment is payable to the Builder against presentation by the Builder to the Builder’s Bank of a duplicate original copy of the Protocol of Delivery and Acceptance of the Vessel signed by the Builder and the Buyer. Such deposit shall be on terms that if the duly executed Protocol of Delivery and Acceptance of the Vessel has not been submitted to the Builder’s Bank within seven (7) days, the deposit shall be returned to the Buyer together with any interest accrued thereon. The Final Installment shall be adjusted as set forth below:
A. any adjustments or payments due from the Buyer to the Builder at the time of Delivery and Acceptance in accordance with the terms of this Contract, including payment for any additional Alterations (as such term is defined in Article XV hereof), for which extra payments have been agreed under Article XV(b).
B. any adjustments, savings, credits, or payments including but not limited to liquidated damages due from the Builder to the Buyer at the time of the Vessel’s Delivery pursuant to the provisions of this Contract,
C. any adjustment resulting from settlement of the costs of any LNG, fuel oil, lubricating oils and greases (except in the Vessel’s systems) or unbroached consumable stores (furnished by Builder for trials), and remaining on board the Vessel after acceptance of the Vessel by Buyer, at the cost thereof to either the Builder or Buyer as may be applicable. Not later than five (5) Business Days prior to the scheduled date for Delivery, the Parties hereto shall execute and deliver an agreement setting forth the ascertained adjustments of the Contract Price, if any, known at the time. It is the intention of the Parties to settle all amounts prior to Delivery and Acceptance. It is understood, however, that any net, after setoff, outstanding adjustments and settlements by either party to the other, not determined prior to Delivery, shall be payable when determined as soon as possible after Delivery; in no event shall Delivery of the Vessel be delayed pending final determination of any such adjustments and settlements. Any disputes as to adjustments shall be settled in accordance with Article XXV.
Final Installment. The Designer shall be paid the unpaid balance of the Fee for Basic Services (as that fee may be amended), upon:
5.6.1 Approval by the Department of the Certificate of Final Completion of construction. In cases where the Department approves a Certificate of Partial Release of Retainage, the sum of $500 shall be retained until a Certificate of Final Completion is approved.
5.6.2 Delivery by the Designer to the Authority of the Record Drawings required by this contract.
5.6.3 Submission of Attachment F verifying payment to MBE/WBE sub-consultants or subcontractors as required by paragraph 15.5, and
5.6.4 A written evaluation of the Contractor by the Designer from which the Authority shall be able to complete its submission of the Contractor Evaluations as required by MGL c.149 §44D(7).
Final Installment. The Final Installment shall be deposited with the Builder’s Bank by telegraphic transfer remittance at least three (3) Business Days prior to the scheduled Delivery of the Vessel notified by the Builder, with instructions that the said installment is payable to the Builder against presentation by the Builder to the Builder’s Bank of a duplicate original copy of the Protocol of Delivery and Acceptance of the Vessel signed by the Builder and the Buyer. Such deposit shall be on terms that if the duly executed Protocol of Delivery and Acceptance of the Vessel has not been submitted to the Builder’s Bank within seven (7) days,
Final Installment. After the Date of this Agreement, the final installment of five hundred dollars ($500.00) will be paid to each Eligible Compensation Beneficiary as defined in subsection 7.3.2 of this Article, and will be attributable to the Resource compensation and Asset Damage Compensation purposes of this Agreement.
Final Installment. The A/E shall be paid the unpaid balance of the fee for Construction Phase/Final Completion (5% of the total amount for Construction Phase services) as stipulated in Exhibit B (as that fee may be amended), upon compliance with the following requirements:
(a) Approval of the Certificate of Final Completion of construction (such Certificate to be in the form developed by the Owner). In cases where a Certificate of Partial Release of Retainage is approved, the A/E shall be paid up to an amount commensurate with the percent of retainage released until a Certificate of Final Completion is approved; and
(b) Delivery by the A/E to the Owner of the Record Drawings required by this Contract; and
(c) A written evaluation of the General Contractor or CM at Risk by the A/E from which the Owner shall be able to complete its submission of the Contractor Evaluations as required by M.G.L. c.149 § 44D(7).
Final Installment. The Purchaser shall pay the rest of the Transaction Amount (the “Final Installment”) to the Sellers within six (6) months after the execution date of this Agreement following making the adjustment to the Transaction Amounts in accordance with the M&A Audit specified in Section 2.2, and after all the conditions precedent for the payment of the Final Installment have been fulfilled or waived by the Purchaser in writing. The conditions precedent for the payment of the Final Installment are as follows:
(1) All the conditions precedent for the payment of the Fourth Installment listed in Section 3.4 shall have been satisfied or waived by the Purchaser in writing.
(2) The representations and warranties made by the Sellers under Section 4.2 of this Agreement are true, complete and accurate. No Party has found any situation indicating that the representations, warranties and undertakings made by the Sellers and the Target Company under Sections 4.1 and 4.4 of this Agreement are untrue, incomplete, inaccurate or misleading (unless such representations, warranties and undertaking are not applicable after the Target Transfer and the Documents Delivery).
(3) The M&A Audit shall have been completed.
(4) The Target Real Estate shall have completed the environmental completion inspection, system energy saving inspection and the completion inspection of the water-saving facilities in the construction project (determined by the completion inspection documents issued by relevant governing authorities). All Parties hereby unanimously confirm that if within six (6) months after the execution date of this Agreement, the environmental completion inspection and the completion inspection of the water-saving facilities in the construction project of the Target Real Estate fail to be completed due to reasons not attributable to the contractual service provider entrusted by the Purchaser , the Purchaser shall have the right to extend the payment term accordingly; however, in consideration of the facts that inspection of winter heating using the exhaust emission of gas boiler and the system energy saving can only be conducted after the heat supply season, and such facts will result in the failure to obtain the approval documents of the environmental completion inspection and the system energy saving inspection, and therefore, the Purchaser shall have the right to extend the payment in the amount not exceeding one million Renminbi (RMB1,000,000) of the Final Installment only.
Final Installment. The final installment of the Overall Payment will consist of $131,000 in cash which will be paid (by wire transfer of immediately available funds to an account identified in writing by Xxxxxxxxx, unless mutually agreed by the Parties) on the date that is twelve months after the Effective Date.
Final Installment. The obligation of Holder to fund the Final Installment shall be subject to the satisfaction or waiver by Holder of all of the following conditions:
