Grounds for Not Paying Invoices Sample Clauses

Grounds for Not Paying Invoices. Owner may decline to pay any invoice, in whole or in part, to the extent Owner decides it is necessary to protect it from loss due to any of the following: (i) breach by Supplier of any of its obligations under the Contract Documents for a Project, including the costs to Owner of remedying the breach (whether by repairing or re- ordering any materials or re-performing any Work or otherwise) and all other costs directly attributable to other work that is required to be performed in connection with remedying such breach or remedying any Defective Work; (ii) third-party claims filed or reasonable evidence indicating probable filing of such claims; (iii) Supplier’s failure to properly pay Subcontractors; (iv) damage to Owner or a Separate Supplier where such damage arises out of the actual or alleged willful misconduct or negligent acts or omissions of Supplier, any Subcontractor or its agents, employees, or any other person for whom, directly or indirectly, Supplier or any Subcontractor may be liable; (v) reasonable evidence that the Work will not be completed within the time requirements specified in the Contract Documents or Project Schedule for a Project; or (vi) unsubstantiated or unsupported amounts billed by Supplier.
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Grounds for Not Paying Invoices. Buyer may decline to pay an invoice, in whole or in part, due to any of the following: 5.8.1 Material breach by Contractor of any of its obligations under these Terms and Conditions or Purchase Order, including the costs to Buyer of remedying the breach (whether by repairing or re-ordering the Material or re- performing the Services or otherwise) and all other costs directly attributable to other services that are required to be performed in connection with remedying such breach; 5.8.2 A notice of intent to lien or lien placed on the Work or Buyer’s property because of Contractor’s failure to properly pay Subcontractors; 5.8.3 Reasonable evidence that the Material or Services will not be completed by the Milestones specified in the Purchase Order or Project Schedule; 5.8.4 Unsubstantiated or unsupported amounts billed by Contractor; 5.8.5 Contractor’s failure to submit an invoice within one hundred and eighty (180) Days of the applicable submission provisions of Section 5.3 (Submission of Invoices); or 5.8.6 Buyer’s purchase of insurance pursuant to Section 16.9 (Buyer’s Right to Purchase).
Sample 1
Grounds for Not Paying Invoices. OWNER may decline to pay an invoice, in whole or in part, to the extent OWNER decides such action is necessary to protect OWNER from loss due to any of the following: (a) Breach by CONTRACTOR of any of its obligations under the AGREEMENT (including the costs to OWNER of remedying the breach (whether by re- performing the Work or otherwise) and all other costs directly attributable to other Work that are required to be performed in connection with remedying such breach); (b) Uninsured Third party claims filed or reasonable evidence indicating probable filing of such claims; (c) CONTRACTOR's failure to properly pay SUB-CONTRACTORs or to properly pay for equipment, materials or labor; (d) Damage to OWNER or any other person or entity where such damage arises out of the actual or alleged willful misconduct or negligent acts or omissions of CONTRACTOR, any subcontractor or their agents, employees or any other person for whom, directly or indirectly, CONTRACTOR or any subcontractor may be liable; (e) Reasonable evidence that the Work will not be completed within the time requirements specified in the AGREEMENT or for the balance of the AGREEMENT price then unpaid; (f) Unsubstantiated or unsupported amounts paid by OWNER to CONTRACTOR. (g) If the CONTRACTOR shall be adjudged bankrupt or shall become insolvent, or in the case the CONTRACTOR shall fail or refuse to supply adequate administrative and supervisory force, a sufficient complement of properly skilled workmen, or adequate equipment, tools or materials, or in the case the CONTRACTOR shall fail or refuse to make prompt payment for material or labor, or in the case the CONTRACTOR shall fail to prosecute the Work expeditiously and efficiently, or fail to comply with applicable laws and ordinances, or in the case the CONTRACTOR shall, in the judgment of OWNER otherwise fail or refuse to perform this AGREEMENT in any respect, then OWNER may, without prejudice to any other of its rights or remedies, and by written notice to the CONTRACTOR, terminate the AGREEMENT and the CONTRACTOR's rights thereunder and assume control of the CONTRACTOR's Work. The CONTRACTOR shall, if requested to do so in such written notice of termination or a written notice thereafter given, immediately remove its employees, representatives, tools, equipment, and other property from the jobsite. If the CONTRACTOR should fail to effect such removal within a reasonable period, they may be removed by OWNER at the CONTRACTOR's expense.
Sample 1
Grounds for Not Paying Invoices. ComEd may decline to pay an invoice, in whole or in part, if it disputes, in good faith, the amount set forth in the invoice provided that ComEd shall notify Contractor within *** Business Days of receipt of an invoice if it disputes such invoice. If ComEd disputes, ***, any fees or charges claimed by Contractor (the “Disputed Charge”), ComEd may withhold payment for the Disputed Charge, upon written notice to Contractor describing in reasonable detail the basis for such Disputed Charge provided that such notice is given on or before the date on which the invoice is otherwise payable. The Parties shall work together *** to resolve any such Disputed Charge. If the Parties mutually determine ComEd owes any Disputed Charge, ComEd shall pay such amount to Contractor within *** (***) Business Days of such determination. If the Parties are unable to resolve the Disputed Charge within *** (***) Business Days of ComEd’s notice of the same, the Parties shall be entitled to pursue remedies available hereunder. Contractor may not delay delivery of Software or withhold provision of any Services pending resolution of such dispute.
Sample 1
Grounds for Not Paying Invoices. Exelon may decline to pay an invoice, in whole or in part, due to any of the following: 5.9.1 Material breach by Contractor of any of its obligations under this Agreement or Purchase Order, including the costs to Exelon of remedying the breach (whether by re- performing the Services or otherwise) and all other costs directly attributable to other services that are required to be performed in connection with remedying such breach; 5.9.2 Contractor’s failure to properly pay Subcontractors; 5.9.3 Reasonable evidence that the Services will not be completed within the time requirements specified in the Purchase Order or Project Schedule; or 5.9.4 Unsubstantiated or unsupported amounts billed by Contractor. 5.9.5 Contractor’s failure to submit an invoice within 180 days of the applicable submission provisions of Section 5.3.
Sample 1
Grounds for Not Paying Invoices. Exelon may decline to pay an invoice, in whole or in part, due to any of the following: 5.9.1 Material breach by Contractor of any of its obligations under this Agreement or Purchase Order, including the costs to Exelon of remedying the breach (whether by repairing or re-ordering the Material or re-performing the Services or otherwise) and all other costs directly attributable to other services that are required to be performed in connection with remedying such breach; 5.9.2 Contractor’s failure to properly pay Subcontractors; 5.9.3 Reasonable evidence that the Material or Services will not be completed within the time requirements specified in the Purchase Order or Project Schedule; or 5.9.4 Unsubstantiated or unsupported amounts billed by Contractor. 5.9.5 Contractor’s failure to submit an invoice within 180 days of the applicable submission provisions of Section 5.3.
Sample 1
Grounds for Not Paying Invoices. Buyer may decline to pay an invoice, in whole or in part, to the extent that the declined fees arise out of any of the following: 5.12.1 material breach by Company of any of its obligations under this Master Agreement or Purchase Order; 5.12.2 reasonable evidence that the Software, Material, or Services will not be completed by the Milestones specified in the Purchase Order or Project Schedule; 5.12.3 unsubstantiated or unsupported amounts billed by Company; or 5.12.4 Company’s failure to submit an invoice within one hundred and eighty (180) calendar days of the applicable submission date per Article 5.10.
Sample 1
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Related to Grounds for Not Paying Invoices

  • Accounts Receivable and Payable The accounts receivable reflected on the Financial Statements arose in the ordinary course of business and, except as reserved against on the Financial Statements, are collectible in the ordinary course of business and consistent with past practices, free of any claims, rights or defenses of any account debtor. No accounts payable of the Company are over forty-five (45) days old.

  • Maintenance of Loan Account; Statements of Account (a) The Administrative Agent shall maintain an account on its books in the name of the Borrowers (the “Loan Account”) which will reflect (i) all Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all Letter of Credit Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or from other Persons for the Borrowers’ account, including all amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in and to the extent required by Section 2.09(e) or Section 8.04, as applicable. After the end of each month, the Administrative Agent shall send to the Borrowers a statement accounting for the charges (including interest), loans, advances and other transactions occurring among and between the Administrative Agent, the Lenders and the Borrowers during that month. The monthly statements, absent manifest error, shall be deemed presumptively correct.

  • Basis for calculation of periodic payments All interest and commitment fee and any other payments under any Finance Document which are of an annual or periodic nature shall accrue from day to day and shall be calculated on the basis of the actual number of days elapsed and a 360 day year.

  • FORMAT AND CONTENT FOR REGISTRY OPERATOR MONTHLY REPORTING Registry Operator shall provide one set of monthly reports per gTLD, using the API described in draft-­‐xxxxxx-­‐icann-­‐registry-­‐interfaces, see Specification 2, Part A, Section 9, reference 5, with the following content. ICANN may request in the future that the reports be delivered by other means and using other formats. ICANN will use reasonable commercial efforts to preserve the confidentiality of the information reported until three (3) months after the end of the month to which the reports relate. Unless set forth in this Specification 3, any reference to a specific time refers to Coordinated Universal Time (UTC). Monthly reports shall consist of data that reflects the state of the registry at the end of the month (UTC).

  • Duties of Custodian with Respect to the Books of Account and Calculation of Net Asset Value and Net Income The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the applicable Board to keep the books of account of each Portfolio and/or compute the net asset value per Share of the outstanding Shares or, if directed in writing to do so by a Fund on behalf of a Portfolio, shall itself keep such books of account and/or compute such net asset value per Share. If so directed, the Custodian shall also calculate daily the net income of the Portfolio as described in the Prospectus and shall advise the Fund and the Transfer Agent daily of the total amounts of such net income and, if instructed in writing by an officer of the Fund to do so, shall advise the Transfer Agent periodically of the division of such net income among its various components. Each Fund acknowledges and agrees that, with respect to investments maintained with the Underlying Transfer Agent, the Underlying Transfer Agent is the sole source of information on the number of shares of a fund held by it on behalf of a Portfolio and that the Custodian has the right to rely on holdings information furnished by the Underlying Transfer Agent to the Custodian in performing its duties under this Agreement, including without limitation, the duties set forth in this Section 10 and in Section 11 hereof; provided, however, that the Custodian shall be obligated to reconcile information as to purchases and sales of Underlying Shares contained in trade instructions and confirmations received by the Custodian and to report promptly any discrepancies to the Underlying Transfer Agent. The calculations of the net asset value per Share and the daily income of each Portfolio shall be made at the time or times described from time to time in the Prospectus. Each Fund acknowledges that, in keeping the books of account of the Portfolio and/or making the calculations described herein with respect to Portfolio property released and delivered pursuant to Section 2.2(14), or purchased pursuant to Section 2.6(7) hereof, the Custodian is authorized and instructed to rely upon information provided to it by the Fund, the Fund’s counterparty(ies), or the agents of either of them.

  • Reconciliation of Accounts Any reconciliation of Accounts performed by any party hereto, or any Subservicer or Subcontractor shall be prepared no later than 45 calendar days after the bank statement cutoff date. * * * * * *

  • Description of Accounting Services on a Continuous Basis The Administrator will perform the following accounting services with respect to the Portfolio: (i) Journalize investment, capital share and income and expense activities; (ii) Verify investment buy/sell trade tickets when received from the investment adviser for the Portfolio (the “Adviser”) and transmit trades to the Fund’s custodian (the “Custodian”) for proper settlement; (iii) Maintain individual ledgers for investment securities; (iv) Maintain historical tax lots for each security; (v) Reconcile cash and investment balances of the Fund with the Custodian, and provide the Adviser with the beginning cash balance available for investment purposes; (vi) Update the cash availability throughout the day as required by the Adviser; (vii) Post to and prepare the Statement of Assets and Liabilities and the Statement of Operations; (viii) Calculate various contractual expenses (e.g., advisory and custody fees); (ix) Monitor the expense accruals and notify an officer of the Fund of any proposed adjustments; (x) Control all disbursements and authorize such disbursements upon Written Instructions; (xi) Calculate capital gains and losses; (xii) Determine net income; (xiii) Obtain security market quotes from independent pricing services approved by the Adviser, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of the Portfolio’s Investments; (xiv) Transmit or mail a copy of the daily portfolio valuation to the Adviser; (xv) Compute net asset value; (xvi) As appropriate, compute yields, total return, expense ratios, portfolio turnover rate, and, if required, portfolio average dollar-weighted maturity; and (xvii) Prepare upon request a monthly financial statement which includes the following items: Schedule of Investments Statement of Assets and Liabilities Statement of Operations Cash Statement Schedule of Capital Gains and Losses.

  • Certain Types of Accounts (a) You may instruct FIIOC to register purchased shares in your name and account as nominee for your customers. If you hold Portfolio shares as nominee for your customers, all Prospectuses, proxy statements, periodic reports, and other printed material will be sent to you, and all confirmations and other communications to shareholders will be transmitted to you. You will be responsible for forwarding such printed material, confirmations, and communications, or the information contained therein, to all customers for whose account you hold any Portfolio shares as nominee. However, we or FIIOC on behalf of itself or the Portfolios will be responsible for the costs associated with your forwarding such printed material, confirmations, and communications. You will be responsible for complying with all reporting and tax withholding requirements with respect to the customers for whose account you hold any Portfolio shares as nominee. (b) With respect to accounts other than those accounts referred to in paragraph 4(a) above, you agree to provide us with all information (including certification of taxpayer identification numbers and back-up withholding instructions) necessary or appropriate for us to comply with legal and regulatory reporting requirements. (c) Accounts opened or maintained pursuant to the NETWORKING system of the National Securities Clearing Corporation ("NSCC") will be governed by applicable NSCC rules and procedures and any agreement or other arrangement with us relating to NETWORKING. (d) If you hold Portfolio shares in an omnibus account for two or more customers, you will be responsible for determining, in accordance with the Prospectus, whether, and the extent to which, a CDSC is applicable to a purchase of Portfolio shares from such a customer, and you agree to transmit immediately to us any CDSC to which such purchase was subject. You hereby represent that if you hold Portfolio shares subject to a CDSC, you have the capability to track and account for such charge, and we reserve the right, at our discretion, to verify that capability by inspecting your tracking and accounting system or otherwise.

  • Interest Rates Payments and Calculations (a) Interest Rate. Except as set forth in Section 2.3(b), or as ------------- specified to the contrary in any Loan Document, any Advances under this Exim Agreement shall bear interest, on the average daily balance, at a rate equal to the Prime Rate per annum.

  • Location of accounts Each Borrower shall promptly: (a) comply with any requirement of the Agent as to the location or re-location of the Accounts (or any of them); and (b) execute any documents which the Agent specifies to create or maintain in favour of the Security Trustee a Security Interest over (and/or rights of set-off, consolidation or other rights in relation to) the Accounts.

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