OWNER’S OBLIGATION TO PAY Sample Clauses

OWNER’S OBLIGATION TO PAY. 5.2.1 Subject to the provisions of the Agreement, and in accordance with the Construction Act, the Owner shall: .1 in respect of Fixed Price Work, make progress payments and, if any, milestone payments to the Contractor for amounts undisputed by the Owner on account of the Fixed Price when due, together with such Value Added Taxes as may be applicable to such payments; .2 in respect of Unit Price Work, make progress payments to the Contractor for amounts undisputed by the Owner on account of the Total Price of Unit Price Work when due, together with such Value Added Taxes as may be applicable to such payments; .3 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the ten percent (10%) portion of the Lien Holdback when due together with such Value Added Taxes as may be applicable to such payment; and .4 upon Total Performance of the Work, pay to the Contractor the unpaid amount of the Contract Price and the finishing portion of the Lien Holdback when due together with such Value Added Taxes as may be applicable to such payments.
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OWNER’S OBLIGATION TO PAY. Subject to the provisions of the Agreement, and in accordance with the Construction Act, the Owner shall: in respect of Fixed Price Work, make progress payments and, if any, milestone payments to the Contractor for amounts undisputed by the Owner on account of the Fixed Price when due, together with such Value Added Taxes as may be applicable to such payments; in respect of Unit Price Work, make progress payments to the Contractor for amounts undisputed by the Owner on account of the Total Price of Unit Price Work when due, together with such Value Added Taxes as may be applicable to such payments; upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the ten percent (10%) portion of the Lien Holdback when due together with such Value Added Taxes as may be applicable to such payment; and upon Total Performance of the Work, pay to the Contractor the unpaid amount of the Contract Price and the finishing portion of the Lien Holdback when due together with such Value Added Taxes as may be applicable to such payments. Payment of the Contract Price shall be full compensation for all labour, services, Contractor Parties, Construction Equipment and Products required in the performance of the Unit Price Work, including, hand tools, supplies and other incidentals. The Unit Prices shall not be adjusted during the term of the Agreement other than as provided for in Schedule B – Pricing Form. Payment for any Unit Price Work not specifically detailed as part of any one item of Unit Price Work and without specified details of payment shall be deemed to be included in the items of Unit Price Work with which it is associated. Advance payments for Products not yet incorporated into the Work (whether or not delivered to the Site) shall not be made by the Owner without the prior written consent of the Owner, in its sole and absolute discretion. Any such advance payment shall be made on terms as agreed to by the Owner and Contractor (such terms may include transfer of title, the Contractor’s responsibility for risk of Loss and off-site storage requirements). In the event of Losses occurring where payment becomes due under the all risk property insurance policies, payments shall be made to the Contractor in accordance with the provisions of 8.1 – INSURANCE. After the Commencement Date, Proper Invoices shall be given to the Owner monthly for each Invoice Period as the Work progresses, unless otherwise specified in row B.9 of the Information Sheet....
Sample 1
OWNER’S OBLIGATION TO PAY. Reimbursable Costs shall be conditional only upon the total Reimbursable Costs for an Agreement Year not exceeding the aggregate Reimbursable Costs shown on the Annual Operating Plan for that Agreement Year. Any excess Reimbursable Costs in any category over those shown on the annual Operating Plan may be offset by Operator against savings in other categories.
Sample 1
OWNER’S OBLIGATION TO PAY. The Owner shall pay the Contractor, as provided in this Paragraph, for the Contractor accelerating its Work so that its Work is in final form before the Date for Final Completion so long as the acceleration is not required as a result of the Contractor’s failure to stay on schedule. The Owner shall not be required to compensate the Contractor for accelerating its Work based on the Contractor’s own decision so that the Work is in final form by the Date for Final Completion.
Sample 1

Related to OWNER’S OBLIGATION TO PAY

  • Developer’s Obligations 7.1.1 In consideration of the Rights hereby granted, the Developer shall pay to the Authority an annual fee of Rs. /- (Rupees only) (“Fee”) commencing from the 1st (first) anniversary of Appointed Date. The Fee is exclusive of GST and all other applicable taxes and shall be payable by the Developer at actual over and above the Fee. The Fee is payable to the Authority on or before 30 (thirty) days prior to the start of every year in advance as set out in Schedule 1 throughout the Agreement Period. During the Agreement Period the Fee shall be increased by 5% (five percent) every year over the previous year’s Fee on compounded basis. 7.1.2 The Developer should pay the Fee to the Authority notwithstanding the fact that, the development of Project Facilities is not completed within the specified period or Developer does not start the commercial operation of the Project. In other words, the Developer shall not be entitled to seek any reduction of Fee, claim, damages, compensation or any other consideration from the Authority on account of any reason. 7.1.3 Any delay in payment of the Fee shall attract an interest for the delayed period at the rate of SBI PLR plus 5% per annum on the outstanding amount, which shall be due from the date of such payment till the amount is realized by the Authority. In addition to the foregoing, any delay in payment of Fee beyond a period of 60 (sixty) days from the due date of such payment will be construed to be Material Breach under this Agreement.

  • Customer’s Obligations 7.1 The Customer shall: (a) comply with: (i) the terms of the Connection Procedures when connecting Authorised Users to the Services; (ii) such other reasonable procedures relating to the use of the Smart Hubs and/or the Services as Xxxxxxxx shall notify to the Customer from time to time; (b) provide Xxxxxxxx with: (i) all necessary co-operation in relation to these terms and conditions; and (ii) all necessary access to such information as may be required by Xxxxxxxx; in order to provide the Services, including but not limited to Customer Data, security access information and configuration services; (c) comply with all applicable laws and regulations with respect to its activities under the Agreement; (d) not use or permit the use of the Services to transmit data that infringes any applicable laws, regulations or third party rights; (e) ensure that the Authorised Users use the Services, the Software and the Documentation in accordance with these terms and conditions and shall be responsible for any Authorised User’s breach of these terms and conditions; (f) obtain and shall maintain all necessary licences, consents, and permissions necessary for Xxxxxxxx, its contractors and agents to perform their obligations under the Agreement, including without limitation the Services; (g) ensure that its network and systems comply with the relevant specifications provided by Xxxxxxxx from time to time. In particular, the Customer shall promptly install and implement any updates, upgrades, modifications and enhancements to the Software provided to it under the Agreement and acknowledges that any failure to do so could lead to security risks in its use of the Services; (h) comply with such reasonable instructions that may be given to it by Xxxxxxxx which are necessary for reasons of: (i) health and safety; (ii) quality of the Services; (iii) an emergency; or (iv) ensuring compliance by Xxxxxxxx and/or the SIM Card Provider with relevant and applicable EU and/or UK legislation or regulations; (i) take reasonable steps to ensure that any end users agree to allow the installation and use of equipment required for the receipt of the Services at their site(s) and prepare and provide a suitable place, conditions and connection points required for such equipment and electricity at such site(s) in accordance with Xxxxxxxx’x reasonable instructions, if any; (j) follow any reasonable instructions given to it by Xxxxxxxx (including testing with the latest commercially available virus detection software) to ensure that any software used with or in connection with the Services is not infected by any or any other types of disruptive, destructive or nuisance programs; (k) report faults or requests for support only to Xxxxxxxx’x support team at the number or email address provided from time to time for such purpose, providing such information as Xxxxxxxx shall reasonably require to assist it in remedying such faults or providing support in accordance with these terms and conditions; (l) be solely responsible for maintaining the security of any equipment connected to the Services; and (m) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Services, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet. 7.2 The Customer acknowledges that Xxxxxxxx shall provide some elements of the Services (including, for the avoidance of doubt, the provision of SIM Cards) under standard terms provided by relevant third parties. The Customer agrees to be bound by such terms and to ensure that the Authorised Users are bound under similar obligations. In particular, the Customer agrees to: (a) comply with the SIM Card End-User Terms (as the same may be amended from time to time by Xxxxxxxx giving no less than 30 days’ notice to the Customer); (b) comply with the Cloud Service End-User Terms (as the same may be amended from time to time by Xxxxxxxx giving no less than 30 days’ notice to the Customer); and (c) indemnify Xxxxxxxx against all such additional fees, costs and charges as Xxxxxxxx may incur from a relevant third party by reason of the Customer’s termination of the Agreement or early cancellation of a SIM Card (including, for the avoidance of doubt, any cancellation charges or compensation payable by Xxxxxxxx to the relevant third party).

  • SUPPLIER’S OBLIGATIONS 6.1. The Supplier shall perform the Services substantially in accordance with the Service Definition Document and with reasonable skill and care. 6.2. Clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1. Notwithstanding the foregoing, the Supplier: 6.2.1. does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and 6.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement. 6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.

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