PAYMENT BY AUTHORITY. Authority agrees to pay City for insuring the MRO Building in an amount not to exceed $16,272.84 payable from DEDA Fund 0866, Dept. 860, Obj. 5362, and for insuring the Temple Opera Building in an amount not to exceed $1,189.43 payable from DEDA Fund 860, Dept. 860, Div. 8640, Obj. 5362, for a total amount not to exceed $17,462.27.
PAYMENT BY AUTHORITY. Authority shall pay each approved Application for Payment within thirty (30) calendar days after receipt. Notwithstanding any provision of this Agreement to the contrary, including but not limited to Section 27 of the General Conditions, if Authority fails to pay an approved Application for Payment within thirty (30) calendar days after receipt of an undisputed and properly submitted Application for Payment from Contractor, then Authority shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the California Code of Civil Procedure. Contractor and Authority agree and acknowledge that this provision constitutes a summary of Section 20104.50 of the California Public Contract Code.
PAYMENT BY AUTHORITY. Payment by the Authority pursuant to this Agreement does not represent that the Authority has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the Consultant, made an exhaustive inspection to check the quality or quantity of the work performed by the Consultant, made an examination to ascertain how or for what purpose the Consultant has used money previously paid on account by the Authority, or constitute a waiver of claims against the Consultant by the Authority. The Authority may in its sole discretion withhold payments or seek reimbursement from the Consultant for expenses, costs of construction, costs of design, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the Authority which are the fault of or as result of work performed or negligent conduct by or on behalf of the Consultant. Upon five (5) days’ written notice to the Consultant, the Authority shall have the right to estimate the amount of expenses, construction costs, design costs, miscellaneous charges, or other liabilities or increased costs and to cause the Consultant to pay the same; and the amount due the Consultant pursuant to this Agreement or any Task Authorization issued thereto or the whole or so much of the money due or to become due to the Consultant under this Agreement or any Task Authorization issued thereto as may be considered reasonably necessary by the Authority shall be retained by the Authority until such expenses, costs of construction, costs of design, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the Consultant at no expense to the Authority. If such expenses, costs of construction, costs of design, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the Authority prior to completion date of this Agreement or any Task Authorization issued thereto, whichever is earlier, the Authority is authorized to pay for such expenses, costs of construction, design costs, miscellaneous charges, or other liabilities or increased costs from the amounts retained as outlined above or to seek reimbursement of same from the Consultant. It is the express intent of the parties to this Agreement to protect the Authority from loss because of conduct by or on behalf of the Consultant and its subconsultants.
