Common use of Payment Statement Clause in Contracts

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.

Appears in 6 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Payment Statement. The Contract AdministratorContractor's Representative: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.211.2; or may, if the Contractor Subcontractor fails to submit any such claim in accordance with clause 12.211.2, at any time, give the Contractor Subcontractor (with a copy to the CommonwealthContractor), on behalf of the CommonwealthContractor, 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 Subcontractor on account of the Contract Subcontract Price and otherwise in accordance with the ContractSubcontract; the amount (if any) which the Contract Administrator Contractor's Representative believes to be then payable by the Commonwealth Contractor to the Contractor Subcontractor on account of the Contract Subcontract Price and otherwise in accordance with the Contract Subcontract, and which the Commonwealth Contractor proposes to pay to the ContractorSubcontractor; 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 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 Contract Administrator Contractor's Representative will not constitute: approval of the Contractor's Subcontractor’s Activities or the Subcontract Works, nor will it be taken as an admission or evidence that the part of the Contractor's Subcontractor’s Activities or the Subcontract Works covered by the payment statement has been satisfactorily carried out in accordance with the ContractSubcontract; 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.or

Appears in 4 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

Payment Statement. The Contract AdministratorPDS Contractor: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.211.2; or may, if the Contractor fails to submit any such claim in accordance with clause 12.211.2, 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 PDS Contractor 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 PDS Contractor 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.or

Appears in 2 contracts

Samples: Formal Agreement, Formal Agreement

Payment Statement. The Contract AdministratorCommonwealth's Representative: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.29.2; or may, if the Contractor Consultant fails to submit any such claim in accordance with clause 12.29.2, at any time, give the Contractor Consultant (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 Consultant's total value of entitlement under the Contract; the amount previously paid to the Contractor Consultant on account of the Contract Price Fee and otherwise in accordance with the Contract; the amount (if any) which the Contract Administrator Commonwealth's Representative believes to be then payable by the Commonwealth to the Contractor Consultant on account of the Contract Price Fee and otherwise in accordance with the Contract and which the Commonwealth proposes to pay to the ContractorConsultant; and if the amount in paragraph (ef) is less than the amount claimed in the payment claim: the reason why the amount in paragraph (ef) 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 Commonwealth's Representative will not constitutenot: constitute approval of the Contractor's Activities or the Works, any Services nor will it be taken as an admission or evidence that the part of the Contractor's Activities or the Works Services covered by the payment statement has been satisfactorily carried out in accordance with the Contract; or constitute a waiver of the requirements of clauses 12.2 9.2 and 12.3 9.3 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.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

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 12.211.2; or may, if the Contractor Consultant fails to submit any such claim in accordance with clause 12.211.2, at any time, give the Contractor Consultant (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 Consultant on account of the Contract Price Fee 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 Consultant on account of the Contract Price Fee and otherwise in accordance with the Contract and which the Commonwealth proposes to pay to the ContractorConsultant; 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, any Services nor will it be taken as an admission or evidence that the part of the Contractor's Activities or the Works Services covered by the payment statement has been satisfactorily carried out in accordance with the Contract; a waiver of the requirements of clauses 12.2 11.2 and 12.3 11.3 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 Services or that the Contractor's Activities or the Works Services 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 ContractorConsultant's performance or compliance with the Contract.

Appears in 1 contract

Samples: Design Services Contract

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Payment Statement. The Contract AdministratorPDS Contractor: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.211.2; or may, if the Contractor fails to submit any such claim in accordance with clause 12.211.2, 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 PDS Contractor 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 PDS Contractor 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; or a waiver of the requirements of clauses 12.2 11.2 and 12.3 11.3 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.

Appears in 1 contract

Samples: Formal Agreement

Payment Statement. The Contract AdministratorCommonwealth's Representative: must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with clause 12.210.2; or may, if the Contractor Consultant fails to submit any such claim in accordance with clause 12.210.2, at any time, give the Contractor Consultant (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 Consultant's total value of entitlement under the Contract; the amount previously paid to the Contractor Consultant on account of the Contract Price Fee and otherwise in accordance with the Contract; the amount (if any) which the Contract Administrator Commonwealth's Representative believes to be then payable by the Commonwealth to the Contractor Consultant on account of the Contract Price Fee and otherwise in accordance with the Contract and which the Commonwealth proposes to pay to the ContractorConsultant; and if the amount in paragraph (ef) is less than the amount claimed in the payment claim: the reason why the amount in paragraph (ef) 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 Commonwealth's Representative will not constitutenot: constitute approval of the Contractor's Activities or the Works, any Services nor will it be taken as an admission or evidence that the part of the Contractor's Activities or the Works Services covered by the payment statement has been satisfactorily carried out in accordance with the Contract; or constitute a waiver of the requirements of clauses 12.2 10.2 and 12.3 10.3 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.

Appears in 1 contract

Samples: Panel Agreement

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, Remediation Works nor will it be taken as an admission or evidence that the part of the Contractor's Activities or the Remediation 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.;

Appears in 1 contract

Samples: Panel Agreement

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