General Payment Conditions. (a) Once each month following commencement of the Work, Contractor shall prepare an invoice for the amount accrued to Contractor for Work satisfactorily completed during the period covered by such invoice. All invoices, with supporting data, shall be sent as set forth in Part I, or in the appropriate Work Offer, as applicable. Upon approval of such invoice, and subject to the further provisions hereof, Company shall pay Contractor the amount accrued as shown by the invoice, less any amounts reflecting payment made on previous invoices. Progress payments for pipeline work shall be made as set forth on Exhibit "K". Company may, in its sole discretion, withhold ten percent (10%) of the amount of such payments. (b) In the event Company disputes the amount or content of any invoice, Company shall not be responsible for payment of such invoice or portion of such invoice that is in dispute, until such time as the dispute is resolved. (c) All invoices must show Agreement Number (and Work Offer Number, if applicable) in order to be paid. (d) A copy of daily time sheets for each classification showing actual hours worked, description of work performed, progress, valid receipts for all reimbursable expenses, if any, shall accompany each such Contractor's invoice submitted, when required by Company Representative. (e) Final payment to Contractor (including the remaining ten percent (10%)) shall be made by Company only after presentation of Contractor's final adjusted invoice (initialed and dated by Company's representative), accompanied by an executed Contractor's Completion Affidavit (when required by Company), a sample of which is marked Exhibit "G" and attached hereto), and properly supported by evidence (including, if requested by Company, releases or waivers of all liens, or claims for property damage and proof of payment of all taxes and other obligations assumed hereunder, arising out of or in connection with the Work by all persons, firms, corporations, or agencies of government on whose behalf such liens or claims could be or have been filed) satisfactory to Company, that all charges for labor and material incorporated in the Work and all other damages or indebtedness connected with the Work for which such liens or claims could be filed have been paid and that the Work is free of all liens, claims and encumbrances. Such payment shall be made by Company pursuant to Contractor's final adjusted invoice following Company's receipt of evidence of payment of obligations and receipt of such invoice and final inspection report from Company's representative advising that the Work has been satisfactorily completed. Company's payment of this invoice shall constitute its acceptance of the Work. Acceptance by Contractor of such final payment shall constitute a waiver by it of all claims against Company related to or arising out of this Agreement. Such final acceptance and payment by either party hereto shall not, however, release Contractor and its surety from any unperformed obligations hereunder. (f) It is understood and the parties hereto agree that the sums to be paid, as set forth above, shall be the entire consideration to be received by Contractor from Company for the Work performed hereunder, and that said sums shall include any and all taxes and contributions as set forth in Paragraph 17 hereinbelow. Contractor shall, where applicable, separately list on its invoices all valid sales taxes on services provided hereunder.
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Samples: Capital Construction Term Rate Agreement, Capital Construction Term Rate Agreement
General Payment Conditions. (a) Once each month following commencement of the Work, Contractor shall prepare an invoice for the amount accrued to Contractor for Work satisfactorily completed during the period covered by such invoice. All invoices, with supporting data, shall be sent as set forth in Part I, or in the appropriate Work Offer, as applicable. Upon approval of such invoice, and subject to the further provisions hereof, Company shall pay Contractor the amount accrued as shown by the invoice, less any amounts reflecting payment made on previous invoices. Progress payments for pipeline work shall be made as set forth on Exhibit "K"invoices within thirty (30) days from Company’s receipt of the invoice and supporting data. Company may, in its sole discretion, withhold ten percent (10%) of the amount of such payments.
(b) In the event Company disputes the amount or content of any invoice, Company shall not be responsible for payment of such invoice or portion of such invoice that is in dispute, until such time as the dispute is resolved.
(c) All invoices must show Agreement Number (and Work Offer Number, if applicable) in order to be paid.
(d) A copy of daily time sheets for each classification showing actual hours worked, description of work performed, progress, valid receipts for all reimbursable expenses, if any, shall accompany each such Contractor's invoice submitted, when required by Company Representative.
(e) Final payment to Contractor (including the remaining ten percent (10%)) shall be made by Company only after presentation of Contractor's final adjusted invoice (initialed and dated by Company's representativeRepresentative), accompanied by an executed Contractor's Completion Affidavit (when required by Company), a sample of which is marked Exhibit "G" and attached hereto), and properly supported by evidence (including, if requested by Company, releases or waivers of all liens, or claims for property damage and proof of payment of all taxes and other obligations assumed hereunder, arising out of or in connection with the Work by all persons, firms, corporations, or agencies of government on whose behalf such liens or claims could be or have been filed) satisfactory to Company, that all charges for labor and material incorporated in the Work and all other damages or indebtedness connected with the Work for which such liens or claims could be filed have been paid and that the Work is free of all liens, claims and encumbrances. Such payment shall be made by Company pursuant to Contractor's final adjusted invoice following Company's receipt of evidence of payment of obligations and receipt of such invoice and final inspection report from Company's representative advising that the Work has been satisfactorily completed. Company's payment of this invoice shall constitute its acceptance of the Work. Acceptance by Contractor of such final payment shall constitute a waiver by it of all claims against Company related to or arising out of this Agreement. Such final acceptance and payment by either party hereto shall not, however, release Contractor and its surety from any unperformed obligations hereunder.
(f) It is understood and the parties hereto agree that the sums to be paid, as set forth above, shall be the entire consideration to be received by Contractor from Company for the Work performed hereunder, and that said sums shall include any and all taxes and contributions as set forth in Paragraph 17 16 hereinbelow. Contractor shall, where applicable, separately list on its invoices all valid sales taxes on services provided hereunder.
Appears in 1 contract
General Payment Conditions. (a) Once each month following commencement of the Work, Contractor shall prepare an invoice for the amount accrued to Contractor for Work satisfactorily completed during the period covered by such invoice. All invoices, with supporting data, shall be sent as set forth in Part I, or in the appropriate Work Offer, as applicable. Upon approval of such invoice, and subject to the further provisions hereof, Company shall pay Contractor the amount accrued as shown by the invoice, less any amounts reflecting payment made on previous invoices. Progress payments for pipeline work shall be made as set forth on Exhibit "K"invoices within thirty (30) days from Company’s receipt of the invoice and supporting data. Company may, in its sole discretion, withhold ten percent (10%) of the amount of such payments.
(b) In the event Company disputes the amount or content of any invoice, Company shall not be responsible for payment of such invoice or portion of such invoice that is in dispute, until such time as the dispute is resolved.
(c) All invoices must show Agreement Number (and Work Offer Number, if applicable) in order to be paid.
(d) A copy of daily time sheets for each classification showing actual hours worked, description of work performed, progress, valid receipts for all reimbursable expenses, if any, shall accompany each such Contractor's invoice submitted, when required by Company Representative.
(e) Final payment to Contractor (including the remaining ten percent (10%)) shall be made by Company only after presentation of Contractor's final adjusted invoice (initialed and dated by Company's representativeRepresentative), accompanied by an executed Contractor's Completion Affidavit (when required by Company), a sample of which is marked Exhibit "G" and attached hereto), and properly supported by evidence (including, if requested by Company, releases or waivers of all liens, or claims for property damage and proof of payment of all taxes and other obligations assumed hereunder, arising out of or in connection with the Work by all persons, firms, corporations, or agencies of government on whose behalf such liens or claims could be or have been filed) satisfactory to Company, that all charges for labor and material incorporated in the Work and all other damages or indebtedness connected with the Work for which such liens or claims could be filed have been paid and that the Work is free of all liens, claims and encumbrances. Such payment shall be made by Company pursuant to Contractor's final adjusted invoice following Company's receipt of evidence of payment of obligations and receipt of such invoice and final inspection report from Company's representative advising that the Work has been satisfactorily completed. Company's payment of this invoice shall constitute its acceptance of the Work. Acceptance by Contractor of such final payment shall constitute a waiver by it of all claims against Company related to or arising out of this Agreement. Such final acceptance and payment by either party hereto shall not, however, release Contractor and its surety from any unperformed obligations hereunder.
(f) It is understood and the parties hereto agree that the sums to be paid, as set forth above, shall be the entire consideration to be received by Contractor from Company for the Work performed hereunder, and that said sums shall include any and all taxes and contributions as set forth in Paragraph 17 16 hereinbelow. Contractor shall, where applicable, separately list on its invoices all valid sales taxes on services provided hereunder.
Appears in 1 contract
Samples: Environmental Services Agreement
General Payment Conditions. (a) Once each month following commencement of the Work, Contractor shall prepare an invoice for the amount accrued to actual amounts paid by Contractor for Work satisfactorily completed during the billing period covered based upon the Progress Payment Schedule, Exhibit "K" of this Agreement as may be modified by such invoiceany Extra Work Order. All invoices, with supporting data, shall be sent as set forth in Part I, or in the appropriate Work Offer, as applicable. I. Upon approval of such invoice, and subject to the further provisions hereof, Company shall pay Contractor the amount accrued paid by Contractor as shown by the invoice within thirty (30) Days of receipt of such invoice, less any amounts reflecting payment made on previous invoices. Progress payments for pipeline work Company shall be made as set forth on Exhibit "K". Company may, in its sole discretion, withhold ten percent (10%) of the amount of such payments.
(b) In . Payments not made when due shall bear interest at the event Company disputes the amount or content of any invoiceInterest Rate. As an alternative to Paragraph 16(a), Company shall not have the option to make payment for the Work according to this Paragraph 16(b). Once each month following the commencement of the Work, Contractor will estimate the costs expected to be responsible incurred by Contractor for the performance of the Work for the current month on or before the fifteenth (15th) of said month, and submit a request for funds to the Company to cover such costs. Company shall deposit an amount equal to the requested funding, less any funds remaining from the preceding month’s request, into a bank account to be established by the Contractor which shall solely carry funds received by the Contractor pursuant to this Paragraph 16(b). The requested funds shall be deposited into said account on or before the twenty-fifth (25th) of the month of said request to allow for Contractor’s withdrawal of the funds for payment of such invoice or portion of such invoice that is in dispute, until such time as Contractor’s cost incurred for the dispute is resolved.
(c) All invoices must show Agreement Number (and Work Offer Number, if applicable) in order to be paid.
(d) A copy of daily time sheets for each classification showing actual hours worked, description of work performed, progress, valid receipts for all reimbursable expenses, if any, shall accompany each such Contractor's invoice submitted, when required by Company Representative.
(e) Final payment to Contractor (including the remaining ten percent (10%)) shall be made by Company only after presentation of Contractor's final adjusted invoice (initialed and dated by Company's representative), accompanied by an executed Contractor's Completion Affidavit (when required by Company), a sample of which is marked Exhibit "G" and attached hereto), and properly supported by evidence (including, if requested by Company, releases or waivers of all liens, or claims for property damage and proof of payment of all taxes and other obligations assumed hereunder, arising out of or in connection with the Work by all persons, firms, corporations, or agencies of government on whose behalf such liens or claims could be or have been filed) satisfactory to Company, that all charges for labor and material incorporated in the Work and all other damages or indebtedness connected with the Work for which such liens or claims could be filed have been paid and that the Work is free of all liens, claims and encumbrances. Such payment shall be made by Company pursuant to Contractor's final adjusted invoice following Company's receipt of evidence of payment of obligations and receipt of such invoice and final inspection report from Company's representative advising that the Work has been satisfactorily completed. Company's payment of this invoice shall constitute its acceptance performance of the Work. Acceptance Contractor shall provide vouchers with supporting data of all amounts paid from the funds, including a reconciliation of the account, with the monthly request for funding. Company shall continue to fund said account as requested by Contractor of such final until either the Work is completed or the Contract Price is reached, whichever occurs first. If Company elects this option, the Contract Price as set forth herein shall be reduced by two percent (2%). Timely payment shall constitute by the Company to Contractor is a waiver by it of all claims against Company related to or arising out material part of this Agreement. Such final acceptance and Subject to the provisions of Paragraph 16(d), if payment by either party hereto shall notis withheld, howeverContractor may suspend services or terminate this Agreement without incurring liability to the Company, release Contractor and its surety from any unperformed obligations hereunderor others for damages including consequential or indirect damages.
(f) It is understood and the parties hereto agree that the sums to be paid, as set forth above, shall be the entire consideration to be received by Contractor from Company for the Work performed hereunder, and that said sums shall include any and all taxes and contributions as set forth in Paragraph 17 hereinbelow. Contractor shall, where applicable, separately list on its invoices all valid sales taxes on services provided hereunder.
Appears in 1 contract
General Payment Conditions. (a) Once each month following commencement of the Work, Contractor shall prepare an invoice for the amount accrued to Contractor for Work satisfactorily completed during the period covered by such invoice. All invoices, with supporting data, shall be sent as set forth in Part I, or in the appropriate Work Offer, as applicable. Upon approval of such invoice, and subject to the further provisions hereof, Company shall pay Contractor the amount accrued as shown by the invoice, less any amounts reflecting payment made on previous invoicesinvoices within thirty (30) days from Company’s receipt of the invoice and supporting data. Progress payments for pipeline work shall be made as set forth on Exhibit "K". Company may, in its sole discretion, withhold ten percent (10%) of the amount of such payments.
(b) In the event Company disputes the amount or content of any invoice, Company shall not be responsible for payment of such invoice or portion of such invoice that is in dispute, until such time as the dispute is resolved.
(c) All invoices must show reference this Agreement Number (and Work Offer Number, if applicable) in order to be paid.
(d) A copy of daily time sheets for each classification showing actual hours worked, description of work performed, progress, valid receipts for all reimbursable expenses, if any, shall accompany each such Contractor's invoice submitted, when required by Company Representative.
(e) Final payment to Contractor (including the remaining ten percent (10%)) shall be made by Company only after presentation of Contractor's final adjusted invoice (initialed and dated by Company's representative), accompanied by an executed Contractor's Completion Affidavit (when required by Company)and General Contractor's/Engineer's Final Lien Waiver and Affidavit of Payment, a sample samples of which is marked Exhibit "G" and attached hereto), and properly supported by evidence (including, if requested by Company, releases or waivers of all liens, or claims for property damage and proof of payment of all taxes and other obligations assumed hereunder, arising out of or in connection with the Work by all persons, firms, corporations, or agencies of government on whose behalf such liens or claims could be or have been filed) satisfactory to Company, that all charges for labor and material incorporated in the Work and all other damages or indebtedness connected with the Work for which such liens or claims could be filed have been paid and that the Work is free of all liens, claims and encumbrances. Such payment shall be made by Company pursuant to Contractor's final adjusted invoice following Company's receipt of evidence of payment of obligations and receipt of such invoice and final inspection report from Company's representative advising that the Work has been satisfactorily completed. Company's payment of this invoice shall constitute its acceptance of the Work. Acceptance by Contractor of such final payment shall constitute a waiver by it of all claims against Company related to or arising out of this Agreement. Such final acceptance and payment by either party hereto shall not, however, release Contractor and its surety from any unperformed obligations hereunder.
(f) It is understood and the parties hereto agree that the sums to be paid, as set forth above, shall be the entire consideration to be received by Contractor from Company for the Work performed hereunder, and that said sums shall include any and all taxes and contributions as set forth in Paragraph 17 hereinbelow. Contractor shall, where applicable, separately list on its invoices all valid sales taxes on services provided hereunder.
Appears in 1 contract
Samples: Master Construction Agreement