Common use of Payment to the Supplier Clause in Contracts

Payment to the Supplier. ‌ (a) Subject to ARTICLE 12 and Section 9.3, the City shall pay the Supplier for the Supply in accordance with Schedule B (Prices for Supply), following the receipt of invoices prepared and delivered in accordance with Section 9.2(b) and Section 9.3. (b) Notwithstanding any other provision hereof, prior to making any payment under this Agreement, the City shall determine whether the Builders Lien Act (British Columbia) applies to this Agreement and, if so: (i) payments made under this Agreement shall be subject to ten percent withholding, in the form of a lien holdback, to be held by the City in accordance with the provisions of the statute; and (ii) the lien holdback shall be released by the City 56 days after the issuance of a certificate of completion in conformity with the Builders Lien Act (British Columbia)) in relation to the Supply if no liens then exist. (c) If any lien claim based on the provisions of the Builders Lien Act (British Columbia) relating directly or indirectly to this Agreement exists at any time, the Supplier agrees to immediately take all steps and do all things necessary or required to remove, cancel and dismiss such lien and until such lien is removed, cancelled or dismissed (as appropriate, to the satisfaction of the City), or all further payments under this Agreement may be withheld by the City or, at the discretion of the City, amounts payable to the Supplier may be used by the City to obtain the removal, cancellation or dismissal of any such lien. (d) Unless otherwise expressly stated in the schedules hereto, the Supplier shall pay any and all costs, including freight, marine and transit insurance, Taxes, and transportation and delivery charges on all equipment or things of whatsoever nature provided by the Supplier as required by it for the purposes of the Supply and any other incidental costs and all such costs shall be deemed to be included in the Contract Price. (e) The Supplier shall be deemed to have satisfied itself as to the correctness and sufficiency of the prices stated in each Terms Agreement and to have obtained all information and to have taken into account all circumstances, risks and other contingencies that may affect the cost of performing the Supply (including any circumstances, risks or contingencies that a contractor exercising Good Industry Practice would typically expect to encounter) and any other obligation under this Agreement. The Supplier shall not be entitled to any additional compensation beyond the Contract Price established by the applicable Terms Agreement (including without limitation for escalation in the prices of materials and labour), except as otherwise expressly stated in this Agreement. (f) Notwithstanding any other provisions of this Agreement, the Supplier shall not be entitled to payment for any Supply that has not been performed in compliance with the provisions of this Agreement.

Payment to the Supplier. ‌ (a) Subject to ARTICLE 12 and Section 9.3, the City shall pay the Supplier for the Supply in accordance with Schedule B (Prices for Supply), following the receipt of invoices prepared and delivered in accordance with Section 9.2(b) and Section 9.3. (b) Notwithstanding any other provision hereof, prior to making any payment under this Agreement, the City shall determine whether the Builders Lien Act (British Columbia) applies to this Agreement and, if so: (i) payments made under this Agreement shall be subject to ten percent withholding, in the form of a lien holdback, to be held by the City in accordance with the provisions of the statute; and (ii) the lien holdback shall be released by the City 56 days after the issuance of a certificate of completion in conformity with the Builders Lien Act (British Columbia)) in relation to the Supply if no liens then exist. (c) If any lien claim based on the provisions of the Builders Lien Act (British Columbia) relating directly or indirectly to this Agreement exists at any time, the Supplier agrees to immediately take all steps and do all things necessary or required to remove, cancel and dismiss such lien and until such lien is removed, cancelled or dismissed (as appropriate, to the satisfaction of the City), or all further payments under this Agreement may be withheld by the City or, at the discretion of the City, amounts payable to the Supplier may be used by the City to obtain the removal, cancellation or dismissal of any such lien. (d) Unless otherwise expressly stated in the schedules hereto, the Supplier shall pay any and all costs, including freight, marine and transit insurance, Taxes, and transportation and delivery charges on all equipment or things of whatsoever nature provided by the Supplier as required by it for the purposes of the Supply and any other incidental costs and all such costs shall be deemed to be included in the Contract Price. (e) The Supplier shall be deemed to have satisfied itself as to the correctness and sufficiency of the prices stated in each Terms Agreement and to have obtained all information and to have taken into account all circumstances, risks and other contingencies that may affect the cost of performing the Supply (including any circumstances, risks or contingencies that a contractor exercising Good Industry Practice would typically expect to encounter) and any other obligation under this Agreement. The Supplier shall not be entitled to any additional compensation beyond the Contract Price established by the applicable Terms Agreement (including without limitation for escalation in the prices of materials and labour), except as otherwise expressly stated in this Agreement. (f) Notwithstanding any other provisions of this Agreement, the Supplier shall not be entitled to payment for any Supply that has not been performed in compliance with the provisions of this Agreement.

Payment to the Supplier. ‌ (a) Subject to ARTICLE 12 9 and Section 9.36.3, the City shall pay the Supplier for the Supply in accordance with Schedule B (Prices for Supply), following the receipt of invoices prepared and delivered in accordance with Section 9.2(b6.2(b) and Section 9.36.3. (b) Notwithstanding any other provision hereof, prior to making any payment under this Agreement, the City shall determine whether the Builders Lien Act (British Columbia) applies to this Agreement and, if so: (i) payments made under this Agreement shall be subject to ten percent withholding, in the form of a lien holdback, to be held by the City in accordance with the provisions of the statute; and (ii) the lien holdback shall be released by the City 56 days after the issuance of a certificate of completion in conformity with the Builders Lien Act (British Columbia)) in relation to the Supply if no liens then exist. (c) If any lien claim based on the provisions of the Builders Lien Act (British Columbia) relating directly or indirectly to this Agreement exists at any time, the Supplier agrees to immediately take all steps and do all things necessary or required to remove, cancel and dismiss such lien and until such lien is removed, cancelled or dismissed (as appropriate, to the satisfaction of the City), or all further payments under this Agreement may be withheld by the City or, at the discretion of the City, amounts payable to the Supplier may be used by the City to obtain the removal, cancellation or dismissal of any such lien. (d) Unless otherwise expressly stated in the schedules hereto, the Supplier shall pay any and all costs, including freight, marine and transit insurance, Taxes, and transportation and delivery charges on all equipment or things of whatsoever nature provided by the Supplier as required by it for the purposes of the Supply and any other incidental costs and all such costs shall be deemed to be included in the Contract Price. (e) The Supplier shall be deemed to have satisfied itself as to the correctness and sufficiency of the prices stated in each Terms Agreement and to have obtained all information and to have taken into account all circumstances, risks and other contingencies that may affect the cost of performing the Supply (including any circumstances, risks or contingencies that a contractor exercising Good Industry Practice would typically expect to encounter) and any other obligation under this Agreement. The Supplier shall not be entitled to any additional compensation beyond the Contract Price established by the applicable Terms Agreement (including without limitation for escalation in the prices of materials and labour), except as otherwise expressly stated in this Agreement. (f) Notwithstanding any other provisions of this Agreement, the Supplier shall not be entitled to payment for any Supply that has not been performed in compliance with the provisions of this Agreement.