Common use of Payment preconditions Clause in Contracts

Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion): (a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment; (b) the Recipient has provided a valid GST invoice for the Instalment; (c) the Recipient provides a certificate (or similar) signed by the relevant construction contractor which: (i) certifies the progress of the Project; (ii) certifies the costs incurred by the Recipient; (iii) certifies the Project is on track to be completed by the Completion Date; (iv) notifies the Ministry of any variations to the relevant construction contract; and (v) provides the cost to complete the Project; (d) the Recipient has delivered all Monthly Reports required under clause 5 of Schedule 2 to the Ministry’s satisfaction; (e) the Recipient is not in breach of any provision of this Agreement; and (f) the Ministry is satisfied in its sole discretion that: (i) the Project is progressing as approved; and (ii) the Funding has been applied in accordance with clause 4 of this Schedule, including pursuant to any discussions with the Recipient.

Appears in 1 contract

Samples: Funding Agreement

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Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion): (a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment; (b) the Recipient has provided a valid GST invoice for the Instalment; (c) in relation to each Instalment (except the First Instalment), the Recipient provides a certificate (or similar) signed by the relevant construction contractor or project manager which: (i) certifies the progress of the Project; (ii) certifies the costs incurred by the Recipient; (iii) certifies the Project is on track to be completed by the Completion Date; (iv) notifies the Ministry of any variations to the relevant construction contract; and (v) provides the cost to complete the Project; (d) in relation to each Instalment (except the First Instalment), the Recipient has delivered all Monthly Reports required under clause 5 of 8 (Schedule 2 2) to the Ministry’s satisfaction; (e) the Recipient is not in breach of any provision of this Agreement; and (f) the Ministry is satisfied in its sole discretion that: (i) the Project is progressing as approved; and (ii) the Funding has been applied in accordance with clause 4 of this Schedule(Schedule 1), including pursuant to any discussions with the Recipient.

Appears in 1 contract

Samples: Funding Agreement

Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion): (a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment; (b) the Recipient has provided a valid GST invoice for the Instalment; (c) the Recipient provides a certificate (or similar) signed by the relevant construction contractor which: (i) certifies the progress of the Project; (ii) certifies the costs incurred by the Recipient; (iii) certifies the Project is on track to be completed by the Completion Date; (iv) notifies the Ministry of any variations to the relevant construction contract; and (v) provides the cost to complete the Project; (d) the Recipient has delivered all Monthly Reports required under clause 5 of Schedule 2 to the Ministry’s satisfaction; (e) the Recipient is not in breach of any provision of this Agreement; and (f) the Ministry is satisfied in its sole discretion that: (i) the Project is progressing as approved; and (ii) the Funding has been applied in accordance with clause 4 of this Schedule4, including pursuant to any discussions with the Recipient.

Appears in 1 contract

Samples: Funding Agreement

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Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion): (a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment; (b) the Recipient has provided a valid GST invoice for the Instalment; (c) in relation to each Instalment (except the First Instalment), the Recipient provides a certificate (or similar) signed by the relevant construction contractor or project manager which: (i) certifies the progress of the Project; (ii) certifies the costs incurred by the Recipient; (iii) certifies the Project is on track to be completed by the Completion Date; (iv) notifies the Ministry of any variations to the relevant construction contract; and (v) provides the cost to complete the Project; (d) in relation to each Instalment (except the First Instalment), the Recipient has delivered all Monthly Reports required under clause 5 of 8 (Schedule 2 1) to the Ministry’s satisfaction; (e) the Recipient is not in breach of any provision of this Agreement; and (f) the Ministry is satisfied in its sole discretion that: (i) the Project is progressing as approved; and (ii) the Funding has been applied in accordance with clause 4 of this Schedule(Schedule 1), including pursuant to any discussions with the Recipient.

Appears in 1 contract

Samples: Funding Agreement

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