Common use of Payment to Subcontractors Clause in Contracts

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 5 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

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Payment to Subcontractors. 8.3.1 No later than ten 10 Days after receipt of payment from TxDOT, Maintenance DB Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance DB Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days 10 Days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance DB Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance DB Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. 8.3.4 The inspection and or approval of a Subcontractor’s work does not eliminate or impair Maintenance DB Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance DB Contractor's ’s responsibility, and shall not be a part of the Maintenance Price.

Appears in 4 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA COMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA COMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA COMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA COMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 3 contracts

Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance DB Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance DB Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed.Days after 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. 8.3.4 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance DB Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance DB Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 3 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance DB Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance DB Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days Days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA COMA Documents, Maintenance DB Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance DB Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA COMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA COMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA COMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. 8.3.4 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance DB Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance DB Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 3 contracts

Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten 10 Days after receipt of payment from TxDOT, Maintenance DB Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance DB Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days 10 Days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance DB Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance DB Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. 8.3.4 The inspection and or approval of a Subcontractor’s work does not eliminate or impair Maintenance DB Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-above- referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance DB Contractor's ’s responsibility, and shall not be a part of the Maintenance Price.

Appears in 3 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance DB Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance DB Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA COMA Documents, Maintenance DB Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance DB Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA COMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA COMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA COMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. 8.3.4 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance DB Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance DB Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 2 contracts

Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA COMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA COMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA COMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA COMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. 8.3.4 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 2 contracts

Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement

Payment to Subcontractors. 8.3.1 13.5.1 No later than ten Days days after receipt of payment from TxDOT, Maintenance Contractor Developer shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor Developer on account of such Subcontractor’s portion of the Maintenance ServicesWork, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, Subcontract and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services Work to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Contract Documents, Maintenance Contractor Developer shall pay to the Subcontractor and disburse all moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services Work to be performed by Maintenance Contractor Developer or other Subcontractors is not completedcompleted and has not been accepted. Each Subcontract shall require the Subcontractor to make payments to sub-subcontractors and sub-suppliers in a similar manner. TxDOT may impose appropriate sanctions, including withholding progress payments, for failure to promptly pay Subcontractors who have performed satisfactory work or for failure to promptly pay retainage to Subcontractors that have satisfactorily performed all work under their respective Subcontracts. 8.3.2 13.5.2 For the purpose of this Section 8.313.5, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Contract Documents for the subcontracted Maintenance ServicesWork, including the submission of all submittals required by the Subcontract and the CMA Contract Documents; and (b) the Maintenance Services Work performed by the Subcontractor have has been inspected and approved in accordance with the CMA Contract Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 13.5.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractoraffect Developer’s overall responsibility for the Maintenance ServicesWork. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Developer and Subcontractors of all tiers may be audited to verify prompt payment for progress and retainage payments. Interest on late payments to Subcontractors shall be Maintenance ContractorDeveloper's responsibility, and shall not be a part of the Maintenance PriceDeveloper’s compensation under this Agreement, or any agreement or plan arising out of this Agreement.

Appears in 2 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of Payment by the amount paid Construction Manager to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, Subcontractors and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment suppliers shall be made promptly following satisfaction in accordance with the provisions set forth below, in addition to other requirements referred to in other sections of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished whenthis Agreement: (a) The Construction Manager shall pay each Subcontractor and supplier for and on account of work performed or materials delivered to the site in accordance with the terms of the respective subcontract and purchase order. To the extent the Construction Manager has not paid a Subcontractor has fulfilled or supplier before submission of a requisition to pay for the Subcontract requirements Subcontractor’s work or supplier’s materials covered by such requisition, the Construction Manager shall pay such Subcontractor for such work and the requirements under supplier for such materials within seven (7) business days after the CMA Documents Construction Manager receives payment from CUCF for such work or materials; the subcontracted Maintenance Services, including Construction Manager shall include in each of its subcontracts and purchase orders a provision requiring the submission of all submittals Construction Manager to make such payments within such period. As required by the Subcontract Director from time to time, the Construction Manager shall submit satisfactory evidence that it has made timely such payments. Independent of any other temporal requirement referred to in this Agreement, time is of the essence to the Construction Manager’s payments to each Subcontractor and the CMA Documents; andsupplier. (b) The Construction Manager shall include on each requisition for payment the Maintenance Services performed following data: the name of each Subcontractor and supplier covered by the requisition, a nominal description of the corresponding work and materials covered, the total value of the subcontract and purchase order, the total amount previously paid to the Subcontractor have been inspected for work previously requisitioned and, to the extent applicable, the same information respecting the supplier, and approved the amount, including retainage, to be paid to the Subcontractor for work and to the supplier for materials included in accordance the requisition. (c) The Construction Manager shall include with each requisition for payment the following documentation: evidence satisfactory to the Director that payments to laborers covered by such requisition comply with the CMA Documents Labor Law, such as verified payrolls; and releases and waivers of lien rights as to sums received by the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility respective Subcontractor in payment for the Maintenance Services. Any delay or postponement work and supplier for materials, with a reservation of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, claims identified in such release and shall not be a part of the Maintenance Pricewaiver.

Appears in 2 contracts

Samples: Construction Management/Build Services Agreement, Construction Management/Build Services Agreement

Payment to Subcontractors. 8.3.1 13.5.1 No later than ten Days days after receipt of payment from TxDOT, Maintenance Contractor Developer shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor Developer on account of such Subcontractor’s portion of the Maintenance ServicesWork, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, Subcontract and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services Work to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Contract Documents, Maintenance Contractor Developer shall pay to the Subcontractor and disburse all moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services Work to be performed by Maintenance Contractor Developer or other Subcontractors is not completedcompleted and has not been accepted. Each Subcontract shall require the Subcontractor to make payments to sub- subcontractors and sub-suppliers in a similar manner. TxDOT may impose appropriate sanctions, including withholding progress payments, for failure to promptly pay Subcontractors who have performed satisfactory work or for failure to promptly pay retainage to Subcontractors that have satisfactorily performed all work under their respective Subcontracts. 8.3.2 13.5.2 For the purpose of this Section 8.313.5, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Contract Documents for the subcontracted Maintenance ServicesWork, including the submission of all submittals required by the Subcontract and the CMA Contract Documents; and (b) the Maintenance Services Work performed by the Subcontractor have has been inspected and approved in accordance with the CMA Contract Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 13.5.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractoraffect Developer’s overall responsibility for the Maintenance ServicesWork. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Developer and Subcontractors of all tiers may be audited to verify prompt payment for progress and retainage payments. Interest on late payments to Subcontractors shall be Maintenance ContractorDeveloper's responsibility, and shall not be a part of the Maintenance PriceDeveloper’s compensation under this Agreement, or any agreement or plan arising out of this Agreement.

Appears in 2 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement

Payment to Subcontractors. 8.3.1 13.5.1 No later than ten Days days after receipt of payment from TxDOT, Maintenance Contractor Developer shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor Developer on account of such Subcontractor’s portion of the Maintenance ServicesWork, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, Subcontract and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services Work to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Contract Documents, Maintenance Contractor Developer shall pay to the Subcontractor and disburse all moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services Work to be performed by Maintenance Contractor Developer or other Subcontractors is not completedcompleted and has not been accepted. Each Subcontract shall require the Subcontractor to make payments to sub-subcontractors and sub-suppliers in a similar manner. TxDOT may impose appropriate sanctions, including withholding progress payments, for failure to promptly pay Subcontractors who have performed satisfactory work or for failure to promptly pay retainage to Subcontractors that have satisfactorily performed all work under their respective Subcontracts. 8.3.2 13.5.2 For the purpose of this Section 8.313.5, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Contract Documents for the subcontracted Maintenance ServicesWork, including the submission of all submittals required by the Subcontract and the CMA Contract Documents; and (b) the Maintenance Services Work performed by the Subcontractor have has been inspected and approved in accordance with the CMA Contract Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 13.5.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractoraffect Developer’s overall responsibility for the Maintenance ServicesWork. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.to

Appears in 1 contract

Samples: Comprehensive Development Agreement

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Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA COMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA COMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA COMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA COMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.otherwise

Appears in 1 contract

Samples: Comprehensive Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.. Texas Department of Transportation Execution Version Horseshoe Project 45 Capital Maintenance Agreement

Appears in 1 contract

Samples: Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten 10 Days after receipt of payment from TxDOT, Maintenance DB Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance DB Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days 10 Days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance DB Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance DB Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated into all Subcontracts. Texas Department of Transportation - 52 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement 8.3.4 The inspection and or approval of a Subcontractor’s work does not eliminate or impair Maintenance DB Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance DB Contractor's ’s responsibility, and shall not be a part of the Maintenance Price.

Appears in 1 contract

Samples: Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 12.6.1 No later than ten 10 Days after receipt of payment from TxDOT, Maintenance Contractor Integrator shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor Integrator on account of such Subcontractor’s portion of the Maintenance ServicesWork, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, Subcontract and any other offsets and deductions provided in the Subcontract or by Lawlaw. No later than ten days 10 Days after satisfactory completion of all Maintenance Services Work to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Contract Documents, Maintenance Contractor Integrator shall pay to the Subcontractor return all moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services Work to be performed by Maintenance Contractor Integrator or other Subcontractors is not completedcompleted and has not been accepted. Each Subcontract shall require the Subcontractor to make payments to sub-subcontractors and Suppliers in a similar manner. 8.3.2 12.6.2 For the purpose of this Section 8.312.6, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Contract Documents for the subcontracted Maintenance ServicesWork, including the submission of all submittals required by the Subcontract and the CMA Contract Documents; and (b) the Maintenance Services Work performed by the Subcontractor have has been inspected and approved in accordance with the CMA Contract Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 12.6.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractorthe Integrator’s responsibility for the Maintenance ServicesWork. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. Integrator shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub- subcontractors in a similar manner. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Lawlaw. Interest on late payments to Subcontractors shall be Maintenance ContractorIntegrator's responsibility, and shall not be a part of the Maintenance applicable Price.

Appears in 1 contract

Samples: Statewide Toll System Integration and Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed.satisfaction 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 1 contract

Samples: Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 No later than ten Days after receipt of payment from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance Services, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and any other offsets and deductions provided in the Subcontract or by Law. No later than ten days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractor. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed.CMA 8.3.2 For the purpose of Section 8.3, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Documents for the subcontracted Maintenance Services, including the submission of all submittals required by the Subcontract and the CMA Documents; and (b) the Maintenance Services performed by the Subcontractor have been inspected and approved in accordance with the CMA Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractor’s responsibility for the Maintenance Services. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOT. TxDOT shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance Contractor's responsibility, and shall not be a part of the Maintenance Price.

Appears in 1 contract

Samples: Capital Maintenance Agreement

Payment to Subcontractors. 8.3.1 No Design/Builder shall promptly pay each Subcontractor for Development Work no later than ten Days after receipt of payment for such Development Work from TxDOT, Maintenance Contractor shall promptly pay each Subcontractor, out of the amount paid to Maintenance Contractor on account of such Subcontractor’s portion of the Maintenance ServicesAlamo RMA, the amount to which such Subcontractor is entitled, less any retainage provided for in the Subcontract, and as well as any other offsets and deductions provided in the Subcontract or by Law. No later than Design/Builder further agrees to pay retainage to each Subcontractor within ten days Days after satisfactory completion of all Maintenance Services to be performed by a Subcontractor, including provision of appropriate releases, certificates and other evidence of the Subcontractor’s compliance with its Subcontract and all applicable requirements of the CMA Documents, Maintenance Contractor shall pay to the Subcontractor moneys withheld in retention from the Subcontractorwork is satisfactorily completed. Such payment shall be made promptly following satisfaction of the foregoing requirements, even if the Maintenance Services to be performed by Maintenance Contractor or other Subcontractors is not completed. 8.3.2 For the purpose of this Section 8.313.3.8, satisfactory completion shall have been accomplished when: (a) the Subcontractor has fulfilled the Subcontract requirements and the requirements under the CMA Contract Documents for the subcontracted Maintenance ServicesDevelopment Work, including the submission of all submittals required by the Subcontract and the CMA Contract Documents; and (b) the Maintenance Services Development Work performed by the Subcontractor have has been inspected and approved in accordance with the CMA Contract Documents and the final quantities of the Subcontractor’s work have been determined and agreed upon. 8.3.3 . The inspection and approval of a Subcontractor’s work does not eliminate or impair Maintenance Contractorthe Design/Builder’s responsibility for the Maintenance ServicesDevelopment Work under this Agreement. Any delay or postponement of payments to Subcontractors from the above-referenced time frames may occur only for good cause following written approval by TxDOTthe Alamo RMA. TxDOT Design/Builder shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in a similar manner. The Alamo RMA shall have no obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law. Interest on late payments to Subcontractors shall be Maintenance ContractorDesign/Builder's responsibility, and shall not be a part of the Maintenance Development Price. The foregoing payment requirements apply to all tiers of Subcontractors and shall be incorporated by Design/Builder into all Subcontracts.

Appears in 1 contract

Samples: Design/Build Comprehensive Development Agreement

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