Common use of PAYMENT FOR WORK Clause in Contracts

PAYMENT FOR WORK. 13.1 The Licensee shall issue a purchase order to the Owner for each project such as Make- ready Work required to meet the terms and conditions of this Agreement, and which is not covered by the Annual License Fee. The Owner will invoice against the applicable purchase order, as work by the Owner for the Licensee is performed. 13.2 Upon completion of any work performed by the Owner on the Licensee’s behalf as contemplated by this Agreement, the Owner will render an invoice or invoices to the Licensee for the actual cost (including financial overheads) of performing such work and the Licensee shall pay the amount of the invoice within forty-five (45) days of the date of the invoice. 13.3 All invoices that are outstanding for longer than forty-five (45) days will be subject to interest at the rate of one and one-quarter percent (1.25 %) per month (being 16.08% per annum), before and after judgement. The interest shall run from the due date for payment of the invoice until the date payment is received by the Owner. 13.4 If an invoice is outstanding for more than sixty (60) days, the Licensee shall forthwith, upon receipt of written notice from the Owner, but at the expense of the Licensee, remove from the poles of the Owner its Attachments covered by the invoice. If the Licensee fails to remove the subject Attachments within thirty (30) days of receipt of the notice and the invoice is still unpaid, the Owner may remove such Attachments, at the risk and expense of the Licensee. Upon the removal of such Attachments by the Owner, the Owner shall have the right to retain the Attachments so removed until the Licensee pays the cost of removal. If the Licensee fails to pay to the Owner the cost of removing such Attachments within sixty (60) days of receipt of the invoice for same, the Owner shall have the further right to sell the Attachments so removed and apply the proceeds against the cost of removing the Attachments. The Owner may also pursue any and all remedies it deems appropriate, including the exercise of any security posted by the Licensee with the Owner, to recover the outstanding amounts owed to it by the Licensee. 13.5 The Licensee shall notify the Owner in writing of any dispute with respect to an invoice. If the dispute cannot be resolved within thirty days through normal business operations, the Dispute Resolution process, as described in Article 21 will be initiated. Article 13.4 will not take effect during the Dispute Resolution process.

PAYMENT FOR WORK. 13.1 OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The Licensee OWNER shall issue a purchase order maintain records of the actual costs incurred and charged or allocated to the Owner project in accordance with recognized accounting principles. It is understood and agreed that the OCTA will not pay for each project such any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s recorded costs as Make- ready Work required of the billing dateless estimated credits applicable to meet completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and conditions approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final xxxx within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and which is not covered OCTA has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the Annual License Feelate xxxx may be subject to allocation and/or approval by OCTA. The Owner will invoice against final billing shall be in the applicable purchase orderform of an itemized statement of the total costs charged to the project, as work by less the Owner credits provided for the Licensee is performed. 13.2 Upon completion of any work performed by the Owner on the Licensee’s behalf as contemplated by in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner will render as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an invoice or invoices Amended Agreement shall be executed by the parties to this Agreement prior to the Licensee for the actual cost (including financial overheads) of performing such work and the Licensee shall pay the amount payment of the invoice within forty-five (45) days OWNER’s final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of the invoice. 13.3 All invoices that are outstanding for longer than forty-five (45) days final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject to interest at the rate of one and one-quarter percent (1.25 %) per month (being 16.08% per annum), before and after judgement. The interest shall run from the due date for payment of the invoice until the date payment is received by the Owner. 13.4 If an invoice is outstanding for more than sixty (60) daysthis agreement, the Licensee shall forthwithcontract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of written notice from the Owner, but at the expense of the Licensee, remove from the poles of the Owner its Attachments covered by the invoiceOCTA billing. If the Licensee fails OWNER is subject to remove the subject Attachments within thirty (30) days of receipt of the notice repayment due to failure by OCTA to comply with applicable laws, regulations, and the invoice ordinances then OCTA will ensure that OWNER is still unpaid, the Owner may remove such Attachments, at the risk and expense of the Licensee. Upon the removal of such Attachments by the Owner, the Owner shall have the right to retain the Attachments so removed until the Licensee pays the compensated for actual cost of removal. If the Licensee fails to pay to the Owner the cost of removing such Attachments within sixty (60) days of receipt of the invoice for same, the Owner shall have the further right to sell the Attachments so removed and apply the proceeds against the cost of removing the Attachments. The Owner may also pursue any and all remedies it deems appropriate, including the exercise of any security posted by the Licensee with the Owner, to recover the outstanding amounts owed to it by the Licenseein performing work under this agreement. 13.5 The Licensee shall notify the Owner in writing of any dispute with respect to an invoice. If the dispute cannot be resolved within thirty days through normal business operations, the Dispute Resolution process, as described in Article 21 will be initiated. Article 13.4 will not take effect during the Dispute Resolution process.

PAYMENT FOR WORK. 13.1 The Licensee a. Upon Proposal acceptance, a prepayment equal to the estimated average amount to be billed in a single month ($75,000) through the course of the project must be forwarded to XIMEDICA. This deposit will be applied to the final payment due for project services rendered under this Agreement. b. XIMEDICA agrees that it shall issue a purchase order regular invoices for work in progress as frequently as practical to aid CLIENT in tracking ongoing costs. Each invoice will break out amounts for billable time and amounts for other costs including out-of-pocket and other expenses incurred (“Expenses”). Expenses will be invoiced at cost plus eighteen percent (18%) to cover administration of those expenses. Note that invoices may not correspond to any phase or deliverable completion date. Applicable state, or local taxes (other than income taxes) are CLIENT’s responsibility and will be included in invoices as appropriate. The Parties agree that to the Owner for each project extent CLIENT has any objection to any invoice received from XIMEDICA, such as Make- ready Work required objection shall be brought to meet the terms and conditions of this AgreementXIMEDICA’s attention, and which is not covered by the Annual License Fee. The Owner will invoice against the applicable purchase orderin writing, as work by the Owner for the Licensee is performed. 13.2 Upon completion of any work performed by the Owner on the Licensee’s behalf as contemplated by this Agreement, the Owner will render an invoice or invoices to the Licensee for the actual cost (including financial overheads) of performing such work and the Licensee shall pay the amount of the invoice within forty-five (45) 30 days of the date of the invoice, and any invoice not subject to objection in that period shall be deemed valid and due in full and any objections deemed waived. 13.3 All invoices that c. Invoices are outstanding for longer than forty-five due net fifteen (4515) days will be subject to interest at the rate of one and one-quarter percent (1.25 %) per month (being 16.08% per annum), before and after judgement. The interest shall run from the due date for payment of the invoice until the date payment is received by the Owner. 13.4 If an invoice is outstanding for more than sixty (60) days, the Licensee shall forthwith, upon receipt of written notice from the Owner, but at the expense of the Licensee, remove from the poles of the Owner its Attachments covered by the invoice. If CLIENT shall be responsible for all collection and/or reasonable attorneys’ fees and costs incurred by XIMEDICA to collect otherwise delinquent payments. In the Licensee fails to remove the subject Attachments within thirty (30) days event of receipt of the notice and the invoice is still unpaidany payment delinquency, the Owner may remove such Attachments, at the risk and expense of the Licensee. Upon the removal of such Attachments by the Owner, the Owner shall have XIMEDICA reserves the right to retain the Attachments so removed until the Licensee pays the cost suspend any Services under this Agreement. A service fee of removal. If the Licensee fails 1.5% per month will be added to all accounts more than 45 days past due, and CLIENT is responsible for all collection and reasonable attorneys’ fees and costs required to collect unpaid overdue amounts. d. XIMEDICA may alter any payment term if XIMEDICA determines, in its sole discretion based on CLIENT’s payment history with XIMEDICA, CLIENT’s ability to pay for service, or otherwise, that CLIENT is no longer worthy of credit. Any such revised payment terms shall be effective for all invoices issued after notice of such change to the Owner the cost of removing such Attachments within sixty (60) days of receipt of the invoice for same, the Owner shall have the further right to sell the Attachments so removed and apply the proceeds against the cost of removing the Attachments. The Owner may also pursue any and all remedies it deems appropriate, including the exercise of any security posted by the Licensee with the Owner, to recover the outstanding amounts owed to it by the LicenseeCLIENT. 13.5 The Licensee shall notify the Owner in writing of any dispute with respect to an invoice. If the dispute cannot be resolved within thirty days through normal business operations, the Dispute Resolution process, as described in Article 21 will be initiated. Article 13.4 will not take effect during the Dispute Resolution process.

PAYMENT FOR WORK. 13.1 The Licensee A. ANAHEIM shall issue pay its share of the actual cost of the Overhead Facilities Project within ninety (90) days after receipt of SCE’s itemized xxxx in quintuplicate, signed by a purchase order responsible official of SCE and prepared on SCE’s letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the Owner applicable system of accounts prescribed for each project such as Make- ready Work required SCE by the California Public Utilities Commission (PUC) or Federal Communications Commission (FCC), whichever is applicable. B. It is understood and agreed that ANAHEIM will not pay for any betterment or increase in capacity of SCE’s facilities and that SCE shall give credit to meet ANAHEIM for all accrued depreciation on the terms replaced facilities and conditions for the salvage value of any material or parts salvaged and retained or sold by SCE. C. SCE shall submit a final xxxx to ANAHEIM within ninety (90) days after notification of completion set forth in Section I.B.6. of this Agreement, and which is not covered by the Annual License Fee. The Owner will invoice against the applicable purchase order, as work by the Owner for the Licensee is performed. 13.2 Upon completion of any work performed by the Owner on the Licensee’s behalf as contemplated by this Agreement, the Owner will render an invoice or invoices to the Licensee for the actual cost (including financial overheads) of performing such work and the Licensee shall pay the amount of the invoice within forty-five (45) days of the date of the invoice. 13.3 All invoices that are outstanding for longer than forty-five (45) days will be subject to interest at the rate of one and one-quarter percent (1.25 %) per month (being 16.08% per annum), before and after judgement. The interest shall run from the due date for payment of the invoice until the date payment is received by the Owner. 13.4 If an invoice is outstanding for more than sixty (60) days, the Licensee shall forthwith, upon receipt of written notice from the Owner, but at the expense of the Licensee, remove from the poles of the Owner its Attachments covered by the invoice. If the Licensee fails ANAHEIM has not received a final xxxx within this time period, ANAHEIM will provide written notification to remove the subject Attachments SCE of its intent to close its file within thirty (30) days and SCE hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned upon the termination of receipt this thirty (30) day period. D. The final billing shall be in the form of an itemized statement of the notice and the invoice is still unpaid, the Owner may remove such Attachments, at the risk and expense of the Licensee. Upon the removal of such Attachments by the Owner, the Owner shall have the right to retain the Attachments so removed until the Licensee pays the cost of removal. If the Licensee fails to pay total costs charged to the Owner Overhead Facilities Project, less the cost of removing such Attachments within sixty (60) days of receipt of credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, ANAHEIM shall not pay final bills, which exceed half the invoice for same, Cost Estimate. SCE may revise the Owner shall have the further right Cost Estimate subject to sell the Attachments so removed and apply the proceeds against the cost of removing the Attachments. The Owner may also pursue any ANAHEIM’s reasonable approval. E. Any and all remedies it deems appropriate, including increases in costs that are the exercise direct result of any security posted by deviations from the Licensee with Overhead Plans and Specifications shall require the Owner, to recover the outstanding amounts owed to it by the Licenseeprior consent of ANAHEIM. 13.5 The Licensee F. Detailed records from which the billing is compiled shall notify be retained by SCE for a period of three years from the Owner in writing date of any dispute with respect to an invoice. If the dispute cannot be resolved within thirty days through normal business operations, the Dispute Resolution process, as described in Article 21 final payment by ANAHEIM and will be initiated. Article 13.4 will not take effect during the Dispute Resolution processavailable for audit in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Part 31 by ANAHEIM and/or Federal Auditors.

PAYMENT FOR WORK. 13.1 OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The Licensee OWNER shall issue a purchase order maintain records of the actual costs incurred and charged or allocated to the Owner project in accordance with recognized accounting principles. It is understood and agreed that OCTA will not pay for each project such any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s recorded costs as Make- ready Work required of the billing date less estimated credits applicable to meet completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and conditions approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final xxxx within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and which is not covered OCTA has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the Annual License Feelate xxxx may be subject to allocation and/or approval by OCTA. The Owner will invoice against final billing shall be in the applicable purchase orderform of an itemized statement of the total costs charged to the project, as work by less the Owner credits provided for the Licensee is performed. 13.2 Upon completion of any work performed by the Owner on the Licensee’s behalf as contemplated by in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner will render as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an invoice or invoices Amended Agreement shall be executed by the parties to this Agreement prior to the Licensee for the actual cost (including financial overheads) of performing such work and the Licensee shall pay the amount payment of the invoice within forty-five (45) days OWNER’s final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of the invoice. 13.3 All invoices that are outstanding for longer than forty-five (45) days final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject to interest at the rate of one and one-quarter percent (1.25 %) per month (being 16.08% per annum), before and after judgement. The interest shall run from the due date for payment of the invoice until the date payment is received by the Owner. 13.4 If an invoice is outstanding for more than sixty (60) daysthis agreement, the Licensee shall forthwithcontract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of written notice from the Owner, but at the expense of the Licensee, remove from the poles of the Owner its Attachments covered by the invoiceOCTA billing. If the Licensee fails OWNER is subject to remove the subject Attachments within thirty (30) days of receipt of the notice repayment due to failure by OCTA to comply with applicable laws, regulations, and the invoice ordinances then OCTA will ensure that OWNER is still unpaid, the Owner may remove such Attachments, at the risk and expense of the Licensee. Upon the removal of such Attachments by the Owner, the Owner shall have the right to retain the Attachments so removed until the Licensee pays the compensated for actual cost of removal. If the Licensee fails to pay to the Owner the cost of removing such Attachments within sixty (60) days of receipt of the invoice for same, the Owner shall have the further right to sell the Attachments so removed and apply the proceeds against the cost of removing the Attachments. The Owner may also pursue any and all remedies it deems appropriate, including the exercise of any security posted by the Licensee with the Owner, to recover the outstanding amounts owed to it by the Licenseein performing work under this agreement. 13.5 The Licensee shall notify the Owner in writing of any dispute with respect to an invoice. If the dispute cannot be resolved within thirty days through normal business operations, the Dispute Resolution process, as described in Article 21 will be initiated. Article 13.4 will not take effect during the Dispute Resolution process.

PAYMENT FOR WORK. 13.1 5.1 COST OF FACILITY WORK (A) In any case in which AUTHORITY is required under the provisions of this Agreement to pay its share of the cost of relocation of any utility FACILITY, AUTHORITY shall be entitled to credits as follows: (1) The Licensee shall issue a purchase order amount of any betterment to the Owner utility FACILITY resulting from such relocation. (2) The salvage value of any materials or parts salvaged and retained by UTILITY OWNER. (3) If a new utility FACILITY or portion thereof is constructed to accomplish such relocation, an amount bearing the same proportion to the original cost of the displaced FACILITY or portion thereof as its age bears to its normal expected life. (B) A credit shall not be allowed against any portion of the cost that is otherwise chargeable to UTILITY OWNER. (C) A credit allowance for each project such age shall not be applied to publicly owned sewers. (D) Eligible UTILITY OWNER costs shall include only those authorized under Title 23 C.F.R. Part 645, Subpart A. UTILITY OWNER agrees that costs referenced in Title 23 C.F.R. Part 645 Section 117(d)(2) are not eligible for reimbursement. These regulations can be found at: xxxx://xxx.xxxxxx.xxx.xxx/nara/cfr/waisidx/cfr-table-search.html If the FACILITY WORK is at AUTHORITY’s expense, then AUTHORITY shall pay or cause payment to be made to UTILITY OWNER in the amounts as Make- ready Work required to meet the terms and conditions of this Agreement, and which is not covered by the Annual License Fee. The Owner will invoice against the applicable purchase order, as work by the Owner established for the Licensee is performed. 13.2 Upon completion of any work FACILITY WORK performed by UTILITY OWNER, less the Owner on credits as determined. At the LicenseeAUTHORITY’s behalf as contemplated by this Agreementdiscretion, the Owner will render an invoice or invoices responsibility for making such payments to the Licensee for UTILITY OWNER may be delegated to AUTHORITY’s CONTRACTOR; in such circumstances, UTILITY OWNER agrees to AUTHORITY’s delegation of responsibility to AUTHORITY’s CONTRACTOR the actual cost (including financial overheads) of performing such work and the Licensee shall pay the amount of the invoice within forty-five (45) days of the date of the invoice. 13.3 All invoices that are outstanding for longer than forty-five (45) days will be subject responsibility to interest at the rate of one and one-quarter percent (1.25 %) per month (being 16.08% per annum), before and after judgement. The interest shall run from the due date for payment of the invoice until the date payment is received by the Owner. 13.4 If an invoice is outstanding for more than sixty (60) days, the Licensee shall forthwith, upon receipt of written notice from the Owner, but at the expense of the Licensee, remove from the poles of the Owner its Attachments covered by the invoicemake reimbursement payments to UTILITY OWNER. If the Licensee fails FACILITY WORK is at UTILITY OWNER’s expense and is performed by AUTHORITY or AUTHORITY’s CONTRACTOR, UTILITY OWNER shall pay or cause payment to remove be made to AUTHORITY or AUTHORITY’s CONTRACTOR in the subject Attachments within thirty (30) days amounts established pursuant to this Agreement for FACILITY WORK less the credits as determined. At the AUTHORITY’s discretion, AUTHORITY’s CONTRACTOR is authorized to accept such payment from UTILITY OWNER; in such circumstances, UTILITY OWNER agrees to AUTHORITY’s CONTRACTOR collection of receipt of the notice and the invoice is still unpaid, the Owner may remove such Attachments, at the risk and expense of the Licensee. Upon the removal of such Attachments by the Owner, the Owner shall have the right to retain the Attachments so removed until the Licensee pays the cost of removal. If the Licensee fails to pay to the Owner the cost of removing such Attachments within sixty (60) days of receipt of the invoice for same, the Owner shall have the further right to sell the Attachments so removed and apply the proceeds against the cost of removing the Attachments. The Owner may also pursue any and all remedies it deems appropriate, including the exercise of any security posted by the Licensee with the Owner, to recover the outstanding amounts owed to it by the Licenseereimbursement directly from UTILITY OWNER. 13.5 The Licensee shall notify the Owner in writing of any dispute with respect to an invoice. If the dispute cannot be resolved within thirty days through normal business operations, the Dispute Resolution process, as described in Article 21 will be initiated. Article 13.4 will not take effect during the Dispute Resolution process.