FINAL SETTLEMENTS Clause Samples
FINAL SETTLEMENTS. The final settlement shall be made by the Agency for the purposes of Clause 21 of the General Conditions after that the Contractor has discharged his obligations under this Contract and subject to (a) the Contractor providing:
i. Invoice(s);
ii. Copies of supporting documents that may be required by Astrium as evidence of satisfactory contractual performance;
iii. On behalf of his industrial consortium, either a list recapitulating the inventions made in the course of or resulting from work undertaken for the purpose of the Contract, or a formal statement that no invention has been made.
iv. On behalf of his industrial consortium, a list of inventory items purchased by the Contractor for the purpose of this Contract, and inventoried in accordance with the provisions of Article 9 of the present Contract, complying with the requirements set forth in Appendix 2, Annex C.
v. a statement of Sub-contractor’s penalties applications;
vi. an end of project assessment report of the lessons learnt. The above provision applies without prejudice to the application of Article 6 above.
FINAL SETTLEMENTS. MAC, approved by the Contractor - Invoice(s); - Receipt and/or acceptance, by the Agency, of all deliverable items, of the services to be rendered and other obligations to be fulfilled, in accordance with the terms of this Contract or under a Phase ( in case the Agency decides not to proceed further with the following Phase), in particular, with the provisions of Article 4 (Places and Dates of Delivery), Article 8, Clause 29 (Acceptance and Rejection), but apart from Article 8, Clause 30 (Guarantees) and continuing obligations under Part II of the GCC; - On behalf of the full industrial consortium: a list recapitulating all Intellectual Property Rights resulting from work undertaken within the scope of the Contract and which are suitable for registration in the meaning of Clause 40 of the GCC which are registered, intended for registration or not intended for registration; or, a formal statement that no Intellectual Property Right(s) suitable for registration in the above meaning has(ve) been generated, or is/are intended to be registered, using the template provided in Appendix 5 hereto. The term “invention” in Sub-Clause 21.1 of the GCC shall be construed as making reference to the definition of “Intellectual Property Rights” in Clause 36.2 of the GCC; - List of fixed assets acquired during the contract execution. The Agency shall pay the Sub-Contractor(s) directly upon presentation by the Contractor of the Sub-Contractor(‘s)(s’) invoices, in accordance with Clause 22 hereafter, with the certification of the Contractor thereon that the stage for which the payment is required has been satisfactorily completed. The Agency and TASF reserve the right to visit the Contractor’s and Sub-Contractor(‘s)(s’) premises and ascertain the progress of the work being performed under the Contract, prior to making the progress payment concerned. The Payment Plan and other financial conditions applicable to this Contract are specified in Appendix 1 hereto. If applicable, invoices shall separately show all due taxes or duties on a separate page. The period for payment shall begin on the date of receipt of all documents, and of fulfilment of the requirements referred to in paragraphs 1.2 to 1.4 above, at ESTEC Financial Operations. As regards the term “invention” in clause 21.1 of the GCC, it shall be construed as making reference to the definition of “Registered Intellectual Property Rights” in Sub-Clause 36.2 of the GCC. In the event that the achievement of a Milestone is ...
FINAL SETTLEMENTS. The last payments are subject to the following conditions:
3.1 The PGSE acceptance and delivery by ALCATEL and fulfillment of the obligations defined here below §3.
FINAL SETTLEMENTS. Any necessary adjustments to an initial settlement shall be included in a final settlement, issued by PSCo to Participants on the 7th day of the second month after the end of the Operating Month.
FINAL SETTLEMENTS. The final settlement shall be made by the Agency/ASG for the purposes of Clause 21 of the General Conditions after that the Contractor has discharged his obligations under this Contract and subject to (a) the Contractor providing:
i. Invoice(s);
ii. Submitted Milestone Achievement Confirmation (MAC);
iii. Copies of supporting documents that may be required by the Agency as evidence of satisfactory contractual performance;
iv. Receipt and/or acceptance, by the Agency, of all deliverable items, of the services to be rendered and other obligations to be fulfilled, in accordance with the terms of this Contract, in particular, with the provisions of Article 4 (Acceptance and Delivery Requirements…), Article 8, Clause 29 (Acceptance and Rejection), but apart from Article 8, Clause 30 (Guarantees) and continuing obligations under Part II of the GCC;
v. A final close-out report, Appendix F hereto. Such report shall include all CCNs and no-claims statement, as well as all vi-x elements mentioned below, and shall be signed by both parties to the Contract, in order to finally close out the contract.
1 As a result of a financial management reform, ESA has introduced a new supplier portal for ESA’s contractual partners. This portal – esa-p – does not in its roll-out phase, include a possibility to invoice an advance payment electronically. Until this feature is available (which will be announced on the portal) advance payments shall be requested using paper invoices as per procedure of Clause 22.
