Payment Statement. The Contract Administrator: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.2; or may, if the Contractor fails to submit any such claim in accordance with clause 12.2, at any time, give the Contractor (with a copy to the Commonwealth), on behalf of the Commonwealth, a payment statement which is in the form set out in the Schedule of Collateral Documents and which states: the payment claim to which it relates (if any); the amount previously paid to the Contractor on account of the Contract Price and otherwise in accordance with the Contract; the amount (if any) which the Contract Administrator believes to be then payable by the Commonwealth to the Contractor on account of the Contract Price and otherwise in accordance with the Contract and which the Commonwealth proposes to pay to the Contractor; and if the amount in paragraph (e) is less than the amount claimed in the payment claim: the reason why the amount in paragraph (e) is less than the amount claimed in the payment claim; and if the reason for the difference is that the Commonwealth has retained, deducted, withheld or set-off payment for any reason, the reason for the retention, deduction, withholding or setting-off. Any evaluation, or issue of a payment statement, by the Contract Administrator will not constitute: approval of the Contractor's Activities or the Works, nor will it be taken as an admission or evidence that the part of the Contractor's Activities or the Works covered by the payment statement has been satisfactorily carried out in accordance with the Contract; a waiver of the requirements of clauses 12.2 and 12.3 in relation to any payment claim other than to the extent (if any) to which the Commonwealth expressly waives such requirements in respect of the payment claim the subject of the payment statement; an admission or evidence of the value of the Contractor's Activities or the Works or that the Contractor's Activities or the Works comply with the Contract; an admission or evidence of liability; or otherwise, any approval, admission or evidence by the Commonwealth or the Contract Administrator of the Contractor's performance or compliance with the Contract.
Payment Statement. The Contractor's Representative: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 11.2; or may, if the Consultant fails to submit any such claim in accordance with clause 11.2, at any time, give the Consultant (with a copy to the Contractor), on behalf of the Contractor, a payment statement which is in the form set out in the Schedule of Collateral Documents and which states: the payment claim to which it relates (if any); the amount previously paid to the Consultant on account of the Fee and otherwise in accordance with the Subcontract; the amount (if any) which the Contractor's Representative believes to be then payable by the Contractor to the Consultant on account of the Fee and otherwise in accordance with the Subcontract and which the Contractor proposes to pay to the Consultant; and if the amount in paragraph (e) is less than the amount claimed in the payment claim: the reason why the amount in paragraph (e) is less than the amount claimed in the payment claim; and if the reason for the difference is that the Contractor has retained, deducted, withheld or set-off payment for any reason, the reason for the retention, deduction, withholding or setting-off. Any evaluation, or issue of a payment statement, by the Contractor's Representative will not constitute: approval of any Services nor will it be taken as an admission or evidence that the part of the Services covered by the payment statement has been satisfactorily carried out in accordance with the Subcontract;
Payment Statement. In accordance with §2252.063, Texas Government Code, Contractor will submit to University, no later than the 15th day after the end of each contract year, an annual payment statement derived from all of Contractor’s sales tax reports for its operations during the preceding contract year. The annual payment statement must be certified by a certified public accountant licensed in the State of Texas. “Contract year” means that period of time beginning on the Effective Date and ending __________, 20____ [Note: Insert date that is 12 months after Effective Date (i.e., if Effective Date is January 1, 2018, then insert December 31, 2018).] and each twelve (12) month period thereafter, during the term of this Agreement.
Payment Statement. At the time that payments are made under this Section 6, the Company shall provide the Executive with a detailed written statement setting forth the manner in which such payments were calculated and the basis for such calculations. Notwithstanding the foregoing, the Cash Severance Payments shall immediately cease and no longer be payable if the Executive violates any of the terms set forth in Sections 7 or 8 hereof. Such remedy shall be in addition to any and all other remedies available by law or equity.
Payment Statement. The Contractor’s Representative: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.2; or may, if the Subcontractor fails to submit any such claim in accordance with clause 12.2, at any time, give the Subcontractor (with a copy to the Contractor), on behalf of the Contractor, a payment statement which is in the form set out in the Schedule of Collateral Documents and which states: the payment claim to which it relates (if any); the amount previously paid to the Subcontractor on account of the Subcontract Price and otherwise in accordance with the Subcontract; the amount (if any) which the Contractor’s Representative believes to be then payable by the Contractor to the Subcontractor on account of the Subcontract Price and otherwise in accordance with the Subcontract, and which the Contractor proposes to pay to the Subcontractor; and if the amount in paragraph (e) is less than the amount claimed in the payment claim: the reason why the amount in paragraph (e) is less than the amount claimed in the payment claim; and if the reason for the difference is that the Contractor has retained, deducted, withheld or set-off payment for any reason, the reason for the retention, deduction, withholding or setting-off. Any evaluation, or issue of a payment statement, by the Contractor’s Representative will not constitute: approval of the Subcontractor’s Activities or the Subcontract Works, nor will it be taken as an admission or evidence that the part of the Subcontractor’s Activities or the Subcontract Works covered by the payment statement has been satisfactorily carried out in accordance with the Subcontract; a waiver of the requirements of clauses 12.2 and 12.3 in relation to any payment claim other than to the extent (if any) to which the Contractor expressly waives such requirements in respect of the payment claim the subject of the payment statement; an admission or evidence of the value of the Subcontractor’s Activities or the Subcontract Works or that the Subcontractor’s Activities or the Subcontract Works comply with the Subcontract; an admission or evidence of liability; or otherwise, any approval, admission or evidence by the Contractor or the Contractor’s Representative of the Subcontractor's performance or compliance with the Subcontract.
Payment Statement. No later than two (2) Business Days prior to the Closing Date, Seller Parent shall deliver a written statement (the “Payment Statement”) to the Buyer Entities setting forth, with reasonable supporting information, the following:
(i) the Estimated Business Enterprise Value, including a good-faith estimate of (1) the Closing Date Cash (the “Estimated Closing Date Cash”), (2) the Closing Date Indebtedness (the “Estimated Closing Date Indebtedness”), and (3) the Net Working Capital Adjustment Amount (the “Estimated Net Working Capital Adjustment Amount”);
(ii) wiring instructions for the payment contemplated by Section 1(b); and
(iii) the allocation of the Estimated Business Enterprise Value between Sellers (each Seller’s percentage allocation being referred to as its “Allocation Percentage”). Between the delivery of the Payment Statement and the Measurement Time, Seller Parent shall (A) provide the Buyer Entities and their Representatives with reasonable access, during normal business hours, to the books and records (including work papers, schedules, memoranda and other documents), supporting data, facilities and employees of the Business for purposes of their review of the Payment Statement, and (B) reasonably cooperate with the Buyer Entities and their Representatives in connection with such review, including using commercially reasonable efforts to provide on a timely basis all other information reasonably necessary in connection with the review of the Payment Statement, in each case, as reasonably requested by the Buyer Entities and their Representatives. Notwithstanding anything to the contrary in this Agreement, between the Measurement Time and the Closing, Sellers shall not, and Sellers shall not cause any Acquired Entity to, take any action (or omit to take any action) outside of the ordinary course of business and not contemplated by this Agreement that has the effect of modifying the Estimated Closing Date Cash, Estimated Closing Date Indebtedness, or Estimated Net Working Capital Adjustment Amount in order to increase the amounts payable to the Sellers. Following the delivery of the Payment Statement, Seller Parent shall consider in good faith any comments of the Buyer Entities to the Payment Statement and the calculations set forth therein (provided that any failure to accept any such comments to the Payment Statement shall not relieve the Buyer Entities of their obligations to consummate the Closing when required hereunder). Seller Parent shall u...
Payment Statement. No later than one (1) Business Day prior to the Closing Date, Sellers shall deliver to Parent a written statement (the “Payment Statement”), which Sellers shall have prepared in good faith and in a manner consistent with the terms of (including the definitions contained in) this Agreement, setting forth the following:
(i) Sellers’ good-faith estimate of the Estimated Closing Cash Consideration, including Sellers’ good-faith estimate of (1) the Closing Date Indebtedness (the “Estimated Closing Date Indebtedness”) and (2) the Net Working Capital Adjustment Amount (the “Estimated Net Working Capital Adjustment Amount”), in each case, with reasonable detail and reasonable supporting documentation; and
(ii) the account of each Seller (or, if desired, directly to Xxxxxx Xxxxxxxx and Xxxxx Xxxxx, as directed by the Sellers in accordance with Section 2.7) to which the payment contemplated by Section 2.3(c)(i) should be made.
Payment Statement. Within ninety (90) days after the end of each BC Fiscal Year, the Province will provide to the KNC a financial statement containing the following information:
Payment Statement. 8.5.1 Within ten (10) Days of receipt of the Supplier's payment application pursuant to clause 8.4 (Supplier's Payment Application), the Contracting Entity shall (or, if no such payment application is received from the Supplier pursuant to clause 8.4 (
Payment Statement. All fee payments must be accompanied by a clear and complete statement of the "make-up" of the payment, (i.e. fee, per diem, payment for additional services, insurance deduction, etc.).
