Common use of Payment to Subcontractors Clause in Contracts

Payment to Subcontractors. A. Within seven (7) days following receipt of payments made pursuant to this Agreement, the Contractor shall take one of the following actions with regard to subcontractors: 1) Pay the subcontractor its proportionate share of the total payment received from the City for the work performed by the subcontractor; or 2) Notify the City Manager and the subcontractor, in writing, of the Contractor’s intention to withhold all or a part of the subcontractor’s proportionate share of the payment from the City and the reason(s) for nonpayment. B. The Contractor shall pay interest to all subcontractors on all amounts owed by the Contractor to subcontractors that remains unpaid after seven (7) days following receipt by the Contractor of a payment made pursuant to this Agreement by the City. The interest required by this Subsection will accrue at the rate of one percent (1%) per month. The interest requirement set forth in this Subparagraph shall not be construed to be an obligation of the City and this Agreement shall not be amended or modified for the purpose of providing reimbursement for such interest charges. C. The Contractor shall include in each of its subcontracts a requirement that each subcontractor include or otherwise be subject to the payment and interest requirements of this Section with respect to sub-subcontracts.

Payment to Subcontractors. A. Within seven (7) days following receipt of payments made pursuant to this AgreementFor each Subcontractor, the Contractor shall take one of the following two (2) actions with regard to subcontractorswithin seven (7) Days after it receives payment from ACPS under this Agreement: 1(i) Pay pay the subcontractor Subcontractor its proportionate share of the total payment the Contractor received from the City for ACPS that is attributable to the work performed and materials provided by the subcontractorSubcontractor; or 2(ii) Notify the City Manager notify ACPS and the subcontractorSubcontractor, in writing, of the Contractor’s intention to withhold all or a part of the subcontractorSubcontractor’s proportionate share of payment with the payment from the City and the reason(s) reason for nonpayment. B. The . For each Subcontractor, the Contractor shall pay interest to all subcontractors the Subcontractor on all amounts owed by the Contractor to subcontractors owes the Subcontractor that remains remain unpaid after seven (7) days Days following Contractor’s receipt of payment from ACPS for work performed or materials provided by the Contractor of a payment made pursuant Subcontractor, except for amounts withheld from Subcontractor and for which written notice was provided to this Agreement by ACPS and the CitySubcontractor. The Unless otherwise provided in these Terms and Conditions, interest required by this Subsection will shall accrue on said amounts at the rate of one percent (1%) per month. The interest requirement set forth Contractor shall furnish to ACPS the names of all its Subcontractors and lower tier sub-subcontractors who are to perform any work or provide any materials in connection with this Subparagraph shall not be construed to be an obligation of the City and this Agreement shall not be amended or modified for the purpose of providing reimbursement for such interest charges. C. Agreement. The Contractor shall include in also furnish to ACPS federal employer identification numbers of such entities. By appropriate agreement with each of its subcontracts a requirement that Subcontractor, the Contractor shall require each subcontractor Subcontractor to include or otherwise be subject to the same payment and interest requirements of this Section with respect to subits lower-subcontractstier subcontractors.

Payment to Subcontractors. A. Within seven (7) days following receipt of payments made pursuant to this AgreementFor each Subcontractor, the Contractor shall take one of the following two (2) actions with regard to subcontractorswithin seven (7) Days after it receives payment from ACPS under this Agreement: 1(i) Pay pay the subcontractor Subcontractor its proportionate share of the total payment the Contractor received from the City for ACPS that is attributable to the work performed and materials provided by the subcontractorSubcontractor; or 2(ii) Notify the City Manager notify ACPS and the subcontractorSubcontractor, in writing, of the Contractor’s intention to withhold all or a part of the subcontractorSubcontractor’s proportionate share of payment with the payment from the City and the reason(s) reason for nonpayment. B. The . For each Subcontractor, the Contractor shall pay interest to all subcontractors the Subcontractor on all amounts owed by the Contractor to subcontractors owes the Subcontractor that remains remain unpaid after seven (7) days Days following Contractor’s receipt of payment from ACPS for work performed or materials provided by the Contractor of a payment made pursuant Subcontractor, except for amounts withheld from Subcontractor and for which written notice was provided to this Agreement by ACPS and the CitySubcontractor. The Unless otherwise provided in these Terms and Conditions, interest required by this Subsection will shall accrue on said amounts at the rate of one percent (1%) per month. The interest requirement set forth Contractor shall furnish to ACPS the names of all its Subcontractors and lower tier sub- subcontractors who are to perform any work or provide any materials in connection with this Subparagraph shall not be construed to be an obligation of the City and this Agreement shall not be amended or modified for the purpose of providing reimbursement for such interest charges. C. Agreement. The Contractor shall include in also furnish to ACPS federal employer identification numbers of such entities. By appropriate agreement with each of its subcontracts a requirement that Subcontractor, the Contractor shall require each subcontractor Subcontractor to include or otherwise be subject to the same payment and interest requirements of this Section with respect to subits lower-subcontractstier subcontractors.