Final Payment Claim Sample Clauses

Final Payment Claim. The Sub-Contractor shall submit to the Contractor its Final Payment Claim of all sums due to the Sub-Contractor under the Sub-Contract, computed in the manner prescribed in sub-clause 11(a)(2) hereof, after the Sub-Contractor has completed all the Sub-Contract Works and, in any event, not later than 30 days after the date of the Certificate of Substantial Completion of the Works issued by the Employer’s Representative (which date is to be promptly advised to the Sub-Contractor by the Contractor). The Payment Claim Date for the Final Payment Claim shall be either 30 days after the date of the Certificate of Substantial Completion or the date of submission of the Final Payment Claim if earlier. If the Sub-Contractor fails to provide its Final Payment Claim in accordance with this clause, the Contractor may but is not obliged to make its own estimate of the final value of the Sub-Contract Works and the final payment due to the Sub-Contractor will be based on that estimate irrespective of whether the Sub-Contractor considers that estimate was too low. In the event that the Sub-Contractor has failed to provide a Final Payment Claim in accordance with this clause and the Contractor does not make an estimate of the final value of the sub-contract, the Contractor shall be released from liability to pay for items not included in previous Payment Claims.

Final Payment Claim. (a) Within two months after the expiry of the later of the Defects Notification Period or the Further Defects Liability Period, the Consultant shall deliver to the Client’s Representative: (i) a final payment claim under Clause 66.3 entitled ‘Final Payment Claim’; and (ii) a duly executed deed of release in the form of the deed of release in Appendix N. (b) The Consultant shall include in the Final Payment Claim: (i) a complete statement of accounts, including any changes to the Scope of Services; (ii) all money that the Consultant considers to be due from the Client arising out of or in connection with the Services or any alleged breach of contract; (iii) confirmation that all documentation, approvals of all Authorities and deliverables as required by the Agreement have been lodged with the Client’s Representative; and (iv) a certificate stating that all wages and other charges have been paid and that no monies are due or owing by the Consultant to any of its Personnel other than any Personnel disclosed in the certificate. (c) The Consultant shall provide with the Deed of Release (as required by Clause 62.8(a)) details of how the amount claimed (“Amount Claimed”) is calculated including: (i) separate identification of each claim and the amount of each claim which is part of the Amount Claimed; (ii) which clause, if any, of the Agreement the Consultant relies upon to support an entitlement to each claim; (iii) if based on breach of contract, what obligation, if any, of the Agreement the Client has breached and which the Consultant relies upon to support an entitlement to each claim; and (iv) a description of the other acts, defaults and omissions that the Consultant relies upon to support any entitlement to a claim. (d) After expiration of the two month period in Clause 62.8(a), any Claim which the Consultant could have made against the Client but which has not been made in the Final Payment Claim, whether or not a Final Payment Claim is delivered, is barred.

Final Payment Claim. Within 30 days after the later of the completion by the Contractor of all Defect rectification work and the expiry of the Defects Liability Period, the Contractor must submit to Essential Energy’s Representative a final payment claim endorsed “Final Payment Claim”. The final payment claim must state all monies which the Contractor considers to be due to it from Essential Energy in connection with the relevant Purchase Order Contract and the work under that Purchase Order Contract. Notwithstanding any other provision of the Panel Agreement, these General Conditions or a Purchase Order Contract, upon the expiration of the period for lodging the final payment claim, to the extent permitted by law, any Claim which the Contractor could have made against Essential Energy and has not made is barred.

Final Payment Claim a. After 11 business days following the expiry of the Defects Liability Period, Total may at any time issue a final Payment Schedule endorsed ‘Final Certificate’ which states the amount certified as due and payable, from Total to the Sub- Contractor or from the Sub-Contractor to Total arising out of the Sub-Contract or any alleged breach of the Sub-Contract except for: a. any claim for which the Sub-Contractor has lodged a notice of claim pursuant to clause 14.1 or a Notice of Dispute pursuant to clause 15.1 within 5 days of receipt of the Certificate of Completion; Total representative/ initial Sub-Contractor representative/ initial b. fraud or dishonesty relating to work under the Sub-Contract or any part thereof or to any matter dealt with in the Final Certificate; c. any defect or omission in the Sub-Contract Works or any part thereof which was not apparent at the end of the last Defects Liability Period or which would not have been disclosed upon reasonable inspection at the time of issue of the Final Certificate. b. The Final Certificate shall be evidence in any proceedings that the Sub-Contractor has irrevocably released and discharged Total from all claims whether under the Sub-Contract or tort, under statute or otherwise at law or in equity except for any amounts or claims stated in the Final Certificate.

Final Payment Claim. (a) Within 90 days after the later to occur of the End Date and the performance of all the Supply Contractor’s obligations under the Contract, the Supply Contractor must provide to the Principal’s Representative a payment claim titled “Final Payment Claim”. (b) The Supply Contractor must include in the Final Payment Claim all amounts which the Supply Contractor considers to be due to it from the Principal in respect of this Contract and the performance by it of the Services. (c) After the expiration of the 90 calendar day period in clause 10.4(a), the Supply Contractor shall have no Entitlement in relation to the performance of the obligations of the Supply Contractor under the Contract, or in any way relating to the Contract or the work described in it.

Final Payment Claim. Within 28 days of the completion of the Works, the Supplier must provide GBSC a final payment claim headed “Final Payment Claim”. The Supplier must include in the Final Payment Claim all claims the Supplier makes against GBSC relating to the Agreement. GBSC is released from and the Supplier is barred from making any claim for cost, loss, expense, damage and liability in relation to the matters the subject of the Agreement unless such claim is set out in a “Final Payment Claim” issued strictly in accordance with this clause.

Final Payment Claim. 36.13.1 On the Final Payment Claim Reference Date, the Contractor must lodge with Council a payment claim marked "Final Payment Claim" stating: (a) the amount (if any) payable under clause 36.1.2; (b) all payments received by the Developer on account of the amount (if any) payable under clause 36.1.2; and (c) the balance, if any, due to the Developer. 36.13.2 The Final Payment Claim must: (a) satisfy the requirements of clause 36.3; (b) be accompanied by such information as Council may reasonably require; and (c) in addition to the requirements of clause 36.3, identify all Claims that the Developer has communicated in accordance with the other provisions of this Deed, and which the Developer wishes to make against Council in respect of any fact, matter or thing arising out of or in connection with, the Works or this Deed which occurred prior to the date of the Final Payment Claim. 36.13.3 The claims required under this clause 36.13 are in addition to the other notices that the Developer must give to Council under this Deed in order to preserve its entitlements to make any such Claims. 36.13.4 Without limiting the previous paragraph, the Developer must not include in any claim or notice under this clause 36.13 any Claims that are barred, or have otherwise been released under this Deed, including by clause 56.5.

Final Payment Claim. (a) Within 13 weeks after the Date of Practical Completion in respect of: (i) the Works; or (ii) the last Separable Portion to achieve Practical Completion, (as applicable), the Contractor must submit to the Principal's Representative: (iii) a final payment claim (Final Payment Claim), which must include: A. all amounts which the Contractor claims from the Principal on account of the Contract Price or otherwise under the Contract; and B. notice of any other amounts which the Contractor claims from the Principal, in respect of any fact, matter or thing arising out of, or in any way in connection with, the Contractor's Activities or the Contract which occurred prior to the date of the Final Payment Claim; and (iv) a duly executed Deed of Final Release. (b) The payment claim and notice required under this clause 12.8 are in addition to the other notices which the Contractor must give to the Principal's Representative under the Contract in order to preserve its entitlements to make any such Claims. (c) Any Claim not submitted before or with the Final Payment Claim is barred. (d) The Contractor cannot include in the Final Payment Claim any Claims that are barred by clause 18.5.

Final Payment Claim. Within 28 days after the expiration of the Defects Liability Period, or where there is more than one, the last to expire, the Contractor shall lodge with the Superintendent a final payment claim and endorse it ‘Final Payment Claim’. The Contractor shall include in that claim all moneys which the Contractor considers to be due from the Principal under or arising out of the Contract or any alleged breach thereof. After the expiration of the period for lodging a Final Payment Claim, any claim which the Contractor could have made against the Principal and has not been made shall be barred.

Final Payment Claim. No amendment.