Payment Provisions Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment.
Attachment B, Payment Provisions The payment provisions are amended as follows:
General Payment Provisions All payments of Obligations shall be made in Dollars, without offset, counterclaim or defense of any kind, free of (and without deduction for) any Taxes, and in immediately available funds, not later than 12:00 noon on the due date. Any payment after such time shall be deemed made on the next Business Day. Any payment of a LIBOR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.9. Any prepayment of Loans shall be applied first to Base Rate Loans and then to LIBOR Loans.
Fees and Payment Terms 4.1. When Customer’s Fees are Due: All Fees charged under the Agreement are due and payable on the due date quoted on the invoices generated by Aptum, unless otherwise agreed to in writing by the Parties. Invoices shall be issued in accordance with the applicable Product Terms.
Compensation and Payment Terms (a) Engineer’s fees for the Services shall be calculated at the rate(s) set forth in Exhibit “A” attached hereto. The Maximum Compensation to Engineer for the Services performed under this Agreement is Two Hundred Forty-Eight Thousand, Seven Hundred Ninety-Five and 66/100 Dollars ($248,795.66). In no event shall the amount paid by County to Engineer under this Agreement exceed said Maximum Compensation without an approved change order. (b) Engineer understands and agrees that the Maximum Compensation stated is an all-inclusive amount and no additional fee, cost or reimbursed expense shall be added whatsoever to the fees stated in the attached Exhibit “A.” (c) County will pay Engineer based on the following procedures: Upon completion of the tasks identified in the Scope of Services, Engineer shall submit to County staff person designated by the County Engineer, one (1) electronic (pdf) copy of the invoice showing the amounts due for services performed in a form acceptable to County. County shall review such invoices and approve them within 30 calendar days with such modifications as are consistent with this Agreement and forward same to the Auditor for processing. County shall pay each such approved invoice within thirty (30} calendar days. County reserves the right to withhold payment pending verification of satisfactory work performed.
Prices and Payment Terms 2.1 Unless otherwise agreed our prices apply to unpackaged and not specially oiled goods, ex works, on the Oberhausen freight basis and inclusive of VAT for domestic deliveries. In the event that between contract and delivery there is a significant change in certain cost factors, such as the costs of wages, raw materials, energy or freight, then the agreed price may be adjusted to encompass the influence of prevailing cost factors. 2.2 Payments are to be made to us without deduction by the 15th of the month following the delivery ex works. 2.3 If the credit period is exceeded, interest will be charged at the rate the bank charges for current account overdrafts, but at least 9 percent above the base- lending rate of the European Central Bank and an additional lump sum of EUR 40. 2.4 The purchaser has the right of set-off in respect of undisputed or previously adjudicated claims. He may only exercise rights of retention insofar as these relate to the same contract and are undisputed and/or judicially resolved. 2.5 In the event of circumstances arising after the conclusion of the contract such as to jeopardise significantly our claim to payment, i.e. the insolvency of the purchaser, we are entitled irrespective of the term of any Bill of Exchange to call for payment. In the event of arrears of payment such as to jeopardise our claims we are entitled to recover the goods, if necessary entering on the premises of the purchaser to remove them. We may furthermore prohibit the further processing of the goods supplied. These provisions do not apply if the purchaser is not responsible for the delay of payment. Taking back the goods does not represent a withdrawal from the contract. In either case we may revoke authorization to collect payment on resale pursuant to Clause 8.7 below and request payment in advance for orders still outstanding. All these legal consequences can be adverted by the purchaser providing security for payment in a sum corresponding to our outstanding claims. At the same time we are entitled in the event of a significant deterioration of the financial circumstances to execute outstanding orders only against pre-payment and/or on the expiry of a suitable period of notice to withdraw from the contract without prejudice to any claim for damages for non-performance. 2.6 We reserve the right to call for security of a type and extent that is customary for our claims whether these be contingent or limited as to time. 2.7 The legal consequences of default in payment remain unaffected. 2.8 We are entitled to settle obligations of any subsidiary company within our company group towards their purchaser, applying our own requirements at any time. In this case the commitment to pay no longer applies to our subsidiary and the debt is cancelled to the amount of the obligation which the purchaser is given notice thereof. We are prepared to notify about the group of subsidiaries at the buyer’s request. The above-mentioned authority to settle applies, furthermore, to requirements and obligations, which are not yet due, granting a rate of interest to the amount of the usual bank interest rates. There is no opposition to different forms of payment with settlements of this kind: (e.g., cash on the hand, B/E on the other.) Our authority to settle is cancelled 10 days before a possible suspension of payments or an application for insolvency against the assets of the buyer, in the event of the application for insolvency leading to the opening of bankruptcy proceedings. 2.9 In the event of job processing being undertaken, our prices will be as fixed on the basis of industry standard for basic materials and presuming customary fabrication coil weights and coil make-up. In the event of any variation therefrom we reserve the right to charge any additional cost to the purchaser. complaints of defects in the event of job processing can only refer to work carried out by us.
Currencies of Tender and Payment 14.1 The currency (ies) of the Tender, the currency (ies) of award and the currency (ies) of contract payments shall be the same. 14.2 The Tenderer shall quote in Kenya shillings. If allowed in the TDS, the Tenderer may express the Tender price in any currency, provided it shall use no more than two foreign currencies in addition to the Kenya Shilling. 14.3 The rates of exchange to be used by the Tenderer shall be based on the exchange rates provided by the Central Bank of Kenya on the date 30 days prior to the actual date of tender opening.
FEES AND PAYMENT SCHEDULE The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide County with his/her/its Federal Tax I.D. number prior to submitting the first invoice.