Final Instalment. (a) The Final Instalment shall be adjusted in accordance with this Contract and notified by the Builder to the Buyer not later than seven (7) Banking Days prior to the notified date of delivery (see Clause 27(d) (Sea Trials – Method of Acceptance or Rejection)). For the avoidance of doubt, the Final Instalment shall be due and payable upon delivery of the Vessel in accordance with Box 11 and Clause 28 (Delivery).
(b) If the Buyer does not agree the amount of the Final Instalment as adjusted and notified by the Builder, the Buyer shall notify the Builder within five (5) running days. Thereafter the Buyer may by paying the entire amount demanded by the Builder require the Builder to provide a bank guarantee or other security satisfactory to the Buyer for the disputed amount. The Builder cannot in such case refuse to deliver the Vessel. If the Builder does not wish to issue security for the disputed part of the claim, the Buyer is entitled to take delivery of the Vessel against payment of the undisputed amount and provide a bank guarantee or other security satisfactory to the Builder for the disputed part of the claim. Security which has been issued by a party pursuant to this sub-clause terminates automatically unless the other party has brought legal action pursuant to Clause 42 (Dispute Resolution) within 3 months from date of issue of the security. The costs of security shall be shared proportionately between the parties according to the final outcome of the dispute.
Final Instalment. 6.3.1. At any time after the date which is no earlier than 5 Business Days after the Affordable Housing Units are ready for occupation, the Grant Recipient may apply to the Council for payment of the Final Instalment of the Grant. In submitting an application pursuant to this Clause 6.2 the Grant Recipient is deemed to represent and warrant to the Council that:
i. the Affordable Housing Units have been procured and completed in accordance with the requirements of this Agreement and meets the Agreed Purposes and is fully Fitted Out and ready for use;
ii. all certifications and confirmations made by the Grant Recipient under this Agreement in relation to the Affordable Housing Units are correct in all material respects;
iii. the Grant Recipient has delivered an executed Nominations Agreement and provided the Council with its irrevocable authority to complete the same following execution by the Council; and
iv. the Grant Recipient has obtained all Consents necessary for the lawful occupation of the Affordable Housing Units.
Final Instalment. After the Date of this Agreement, the final instalment 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 Instalment. The sum of United States Dollars Two Hundred and Seven Million and Six Hundred Thousand (US$207,600,000), equivalent to 60% of the Contract Price shall be paid upon Delivery of the Vessel. All payments of instalments to be made by the OWNERS shall be made promptly upon the presentation of the Builder’s invoices and in full and without any set off, abatement, counterclaim, withholding or deduction. Builder acknowledges that as of the date of Amendment No. 1, Owners have paid the First Instalment in full. Payment for Variation Orders shall be negotiated and agreed through a Change Order Process.”
Final Instalment. The final instalment will only be payable to the Grantee after the Commonwealth has determined that the Project Completion Date has occurred. Note 7: For details of Project Completion and the Project Completion Date see Clauses 3 and 27.1.
Final Instalment. A Final Instalment equal to no less than ten percent (10%) of the Budget shall be withheld until the Contractor’s delivery and IUCN’s written acceptance of the Final Financial Report (7.3.2.ii) and the Final Technical Report (7.3.1.iii)
Final Instalment. The BUYER shall, at least three (3) New York business days prior to the intended date of delivery of the VESSEL, make an irrevocable cash deposit in the name of the BUYER with the SELLER’s bank, for a period of thirty (30) days covering the amount of this instalment (as adjusted in accordance with the provisions of this Contact), with an irrevocable instruction that the said amount shall be released to the SELLER against presentation by the SELLER to the SELLER’s bank of a copy of the Protocol of Delivery and Acceptance signed by the BUYER’s authorized representative and the SELLER’s authorized representative. Interest, if any, accrued from such deposit, shall be for the benefit of the BUYER. If the delivery of the VESSEL is not effected on or before the expiry of the aforesaid thirty (30) days deposit period, the BUYER shall have the right to withdraw the said deposit plus accrued interest upon the expiry date. However, when the new date of delivery is notified to the BUYER by the SELLER, the BUYER shall make the cash deposit in accordance with the same terms and conditions as set out above.
Final Instalment. The sum of United States Dollars One Hundred and Thirty Eight Million and Four Hundred Thousand (US$69,200,000), equivalent to 20% of the Contract Price shall be paid upon Delivery of the Vessel. All payments of instalments to be made by the Owners shall be made promptly upon the presentation of the Builder’s invoices and in full and without any set off, abatement, counterclaim, withholding or deduction, except as may be provided in this Contract. Payment for Variation Orders shall be negotiated and agreed through a Change Order Process.”
5. In consideration for this further deferment of the Delivery, the Owner shall, in addition to its payment obligations under Section 3.6 of the Contract (as amended) and Clause 5 of Amendment No. 1 (but without duplication):
(a) make payment of the Builder’s delay costs at USD28,438.00 per day after Builder’s issuance of the Completion Certificate, such amounts to be payable monthly in arrears upon presentation of Builder’s invoice to the Owner, until 31 December 2018; and
(b) make payment of the Builder’s delay costs at USD14,178 per day (or part thereof) from 1 January, 2019 to 31 December, 2019 or to until the actual date of Delivery to Owner, whichever occurs first, such amounts to be payable monthly in arrears upon presentation of Builder’s invoice to the Owner; and
(c) reimburse the Builder for additional costs incurred based on the unit rates set out in the Contract and Appendix 1 herein after issuance of the Completion Certificate by the Builder and arising out of the deferral of Delivery, including costs of production personnel for the safe keeping of the Vessel, yard facilities, utility and any reasonable miscellaneous out-of-pocket costs arising out of or in relation to the deferment of the Delivery that are directly attributable to Builder’s maintenance or construction of the Vessel; and
(d) reimburse the Builder for additional costs incurred after issuance of the Completion Certificate by the Builder for insurance and warranty extension (where warranty extension is requested by Owner) arising out of or in relation to the deferment of the Delivery. Where Owner wishes to seek such warranty extension, it shall make its request for warranty extension in writing a minimum of 45 days before the expiry of its existing warranty period. Buyer shall only be required to grant to Owner an extension of warranty corresponding to the length of warranty extension that it is able to secure from its vendors, suppliers, and su...
Final Instalment. A Final Instalment equal to no less than ten percent (10%) of the Budget shall be withheld until the Grantee’s delivery and IUCN’s written acceptance of the Final Financial Report (7.3.2.ii) and the Final Technical Report (7.3.1.iii) IUCN shall make payments to the Grantee’s bank account as follows: Complete Account name: [xxx] Account type and currency: [xxx] Bank name: [xxx] Bank address: [xxx] Account No.: [xxx] SWIFT Code or other bank routing code: [xxx] IBAN No: [xxx] International correspondent bank information, if applicable. Complete Account name: [xxx] Account type and currency: [xxx] Bank name: [xxx] Bank address: [xxx] Account No.: [xxx] SWIFT Code or other bank routing code: [xxx] IBAN No: [xxx] The Grantee shall bear any bank charges associated with any transfer of funds that IUCN may make hereunder. Funds (including any interests thereon) that remain unused at the Expiration Date or termination date of this Agreement must be returned to IUCN within sixty (60) days following either of such dates, as applicable and Grantee shall reimburse IUCN for any disallowed expenditures. All expenditures shall be reported in accordance with the Budget as provided for under this Agreement. Any re-allocation of funds between/amongst Budget lines, exceeding 10% within a budget line, will be permitted only upon IUCN’s prior written approval, to be given in each instance at IUCN’s sole discretion Upon expiration or termination of this Agreement, the Grantee shall maintain all financial records pertaining to this Agreement for a period of ten (10) years. The Grantee is responsible for the payment of all taxes, as required by law, which may arise from or in connection with this Agreement. Only taxes incurred for the performance of this Agreement that cannot be reclaimed by the Grantee will be accepted as eligible costs. The Grantee shall ensure that the financial reports as defined under article 7.3.2 are easily reconciled to the accounting and bookkeeping systems and to the underlying accounting and other relevant records. For this purpose the Grantee shall prepare and keep appropriate reconciliations, supporting schedules, analyses and breakdowns for inspection and verification. These reconciliations should be updated at minimum on a quarterly basis. All Budget Funds provided under this Grant in USD that are exchanged to local currency must be exchanged at the best available rate through the channels authorized by applicable laws and regulations. Transactions ...
Final Instalment. The final instalment will only be payable to the Grantee after the Commonwealth has determined that the Project Completion Date has occurred and the Grantee has satisfied the Commonowealth that:
(a) a summary detailing tax invoices to the value of at least $XXX in accordance with Clause 5.4 of the Conditions from appropriately qualified trades persons or suppliers;
(b) an architect’s certificate or other appropriate evidence from a trades person or supplier of practical completion or such other documents certifying completion of the project;
(c) local government councils or other regulatory authorities certificate of compliance;
(d) three (3) site photographs;
(e) in accord with Clause 25.3 and 25.4 of the Conditions the Grantee must attach a commemorative plaque to the building acknowledging the financial support it has received from the Commonwealth in relation to the project. The plaque must take the form set out in Item 9 of Schedule A; and
(f) the Grantee has issued a tax invoice to the Commonwealth, as specified in Clause 7.3 of the Conditions. Note 7: For details of Project Completion and the Project Completion Date see Clauses 3 and 27.1 of the Conditions.