Common use of Payments and Completion Clause in Contracts

Payments and Completion. 1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 2. Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the CONTRACTOR’s right to payment as the OWNER may reasonably require. 3. Application for Payment performed under this agreement shall be submitted as follows:  Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  Paper Copies via US Mail to: Please do not submit invoices both electronically and paper copy. In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER. 4. The CONTRACTOR warrants that title to all Work covered by an Application for Payment will pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER shall, to the best of the CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the OWNER’s interests. 5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER. 6. The CONTRACTOR shall promptly pay each subcontractor and supplier out of the amount paid to the CONTRACTOR on account of such entities’ portion of the Work. 7. The OWNER shall have no responsibility for the payment of money to a subcontractor or supplier. 8. An Application for Payment, a progress payment, or partial or entire use or occupancy of the project by the OWNER shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Payments and Completion. 1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 2. Once every thirty (30) daysEach item shall be submitted for payment upon completion and verified as complete by Wastewater Engineer or Wastewater Superintendent, at which time the CONTRACTOR shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the CONTRACTOR’s right to payment as the OWNER may reasonably require. 3. Application for Payment performed under this agreement shall be submitted as follows:  ⮚ Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  ⮚ Paper Copies via US Mail to: Please do not submit invoices both electronically and paper copy. In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER. 4. The CONTRACTOR warrants that title to all Work covered by an Application for Payment will pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER shall, to the best of the CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the OWNER’s interests. 5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER. 6. The CONTRACTOR shall promptly pay each subcontractor and supplier out of the amount paid to the CONTRACTOR on account of such entities’ portion of the Work. 7. The OWNER shall have no responsibility for the payment of money to a subcontractor or supplier. 8. An Application for Payment, a progress payment, or partial or entire use or occupancy of the project by the OWNER shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Payments and Completion. 1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the OWNER Owner to the CONTRACTOR Contractor for performance of the Work under the Contract Documents. 2. Once every thirty (30) daysAt least ten days before the date established for each progress payment, the CONTRACTOR Contractor shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the CONTRACTORContractor’s right to payment as the OWNER Owner may reasonably require. 3. Application for Payment performed under this agreement shall be submitted as follows:  Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  Paper Copies via US Mail directly to: Please do not submit invoices both electronically and paper copy. In addition, and to To facilitate the proper and timely payment of applications, the OWNER Owner requires that all submitted invoices applications contain a valid PURCHASE ORDER NUMBER. 4. The CONTRACTOR Contractor warrants that title to all Work covered by an Application for Payment will pass to the OWNER Owner no later than the time of payment. The CONTRACTOR Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER Owner shall, to the best of the CONTRACTORContractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the OWNEROwner’s interests. 5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced, payments on the basis of CONTRACTORs Contractors Application for Payment, within approximately 30 days of approval from the time the final payment application is received by the OWNEROwner, depending upon the timing of submittals and approvals. 6. The CONTRACTOR Contractor shall promptly pay each subcontractor Subcontractor and material supplier out of the amount paid to the CONTRACTOR Contractor on account of such entities’ portion of the Work. 7. The OWNER Owner shall have no responsibility for the payment of money to a subcontractor Subcontractor or material supplier. 8. An Application for Payment, a progress payment, or partial or entire use or occupancy of the project by the OWNER Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER Owner can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR Contractor and OWNER Owner shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER Owner will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER Owner will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTORContractor, a subcontractor Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Payments and Completion. 1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 2. Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the CONTRACTOR’s right to payment as the OWNER may reasonably require. 3. Application for Payment performed under this agreement shall be submitted as follows:  ➢ Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  ➢ Paper Copies via US Mail to: Please do not submit invoices both electronically and paper copy. In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER. 4. The CONTRACTOR warrants that title to all Work covered by an Application for Payment will pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER shall, to the best of the CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the OWNER’s interests. 5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER. 6. The CONTRACTOR shall promptly pay each subcontractor and supplier out of the amount paid to the CONTRACTOR on account of such entities’ portion of the Work. 7. The OWNER shall have no responsibility for the payment of money to a subcontractor or supplier. 8. An Application for Payment, a progress payment, or partial or entire use or occupancy of the project by the OWNER shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Payments and Completion. 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1. The ) defective Work not remedied, (2) claims filed, (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum stated Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, (7) failure, in the Agreement, including authorized adjustments, is the total amount payable by the OWNER Owner's reasonable judgment to the CONTRACTOR for performance of carry out the Work under the Contract Documents. 2. Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for Payment for operations completed in accordance with the values stated Contract Documents, or (8) the failure of the Contractor or a Subcontractor to deliver a waiver of mechanic's lien. 15.3 When the Architect/Engineer agrees that the Work is substantially complete, the Architect/Engineer will issue a Statement of Substantial Completion. Prior to the 15.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the AgreementOwner to indemnify the Owner against such lien. Such application If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be supported compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payment shall constitute a waiver of claims by such data substantiating the CONTRACTOR’s right Owner except those arising from: 1. Liens, claims, security interests or encumbrances arising out of the Contract and unsettled; 2. Failure of the Work to payment as comply with the OWNER may reasonably require.requirements of the Contract Documents; 3. Application for Payment performed under this agreement shall be submitted as follows:  Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  Paper Copies via US Mail to: Please do not submit invoices both electronically and paper copy. In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER.Faulty or defective work or latent defects appearing after substantial completion; or 4. Terms of express or implied warranties. Facts or circumstances giving rise to Contractor’s indemnification obligations under this Agreement 15.6 The CONTRACTOR Contractor warrants that (1) title to all Work covered by an Application for Payment Work, materials and equipment will pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER shall, to the best of the CONTRACTOR’s knowledge, information and belief, be Owner free and clear of liens, claims, security interests or encumbrances (collectively referred to as "Liens") upon receipt of payment by Owner to Contractor and (2) the Contractor shall acquire no work, materials or equipment whether directly or through a Subcontractor, subject to an agreement under which a Lien is retained by the seller or otherwise imposed by the Contractor, any Subcontractor or any other encumbrances adverse person or entity. The Contractor also shall defend and indemnify the Owner, at the Contractor's sole cost and expense, against any actions, lawsuits or proceedings brought against the Owner as a result of any Lien filed against the site of the Project or otherwise. The Contractor hereby indemnifies, defends and holds harmless the Owner against any Lien against the Owner or Owner's property resulting from any actions, lawsuits or proceedings brought to enforce any Lien or claim. 15.6.1 Notwithstanding anything to the OWNER’s interestscontrary herein contained, should any person or entity file a lien on account of the labor and/or materials furnished to the Project at the request of the Contractor or its subcontractors, and should the Contractor then refuse, fail or neglect to obtain a discharge of such lien within 90 days after such lien has been filed, the Owner shall have the option, after the expiration of such period and upon five days written notice to the Contractor, to discharge of such lien under the provisions of the New York State Lien Law and to charge the Contractor for all costs and expenses, including but not limited to bond premiums and attorney's fees, associated with obtaining such discharge. The Contractor shall promptly reimburse the Owner for such expenses and/or payments together with all costs incurred, upon demand, or the Owner may elect to deduct such amount(s) from the Contract Sum otherwise payable by Owner to the Contractor. 5. OWNER 15.6.2 The Owner shall make payments, for work satisfactorily completed and accurately invoiced, on release to Contractor any payments withheld due to any Lien if the basis of CONTRACTORs Application for Payment, within 30 days of approval Contractor discharges the Lien by bonding or otherwise in a manner that is satisfactory to the OWNEROwner. 6. 15.7 The CONTRACTOR Contractor shall promptly pay each subcontractor and supplier Subcontractor upon receipt of payment from the Owner out of the amount paid to the CONTRACTOR Contractor on account of such entities’ portion any Work performed by Subcontractors. The Owner shall not have any obligation to pay or to cause payment of monies to any Subcontractor. The Contractor shall not make requests for payment of monies if the WorkContractor does not intend to pay the same to subcontractor(s). 7. The OWNER shall have no responsibility for the payment of money to a subcontractor or supplier. 8. An Application 15.8 No Statement for Payment, a progress paymentnor any payment by the Owner, or nor any partial or entire use or of occupancy of the project Project premises by the OWNER Owner, shall not constitute an acceptance of any Work not performed in accordance with the requirements applicable laws, codes, ordinances, rules, regulations and orders pertaining to the means or methods of performing the Work and the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Payments and Completion. 1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 2. Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the CONTRACTOR’s right to payment as the OWNER may reasonably require. 3. Application for Payment performed under this agreement shall be submitted as follows:  Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  Paper Copies via US Mail directly to: Please do not submit invoices both electronically and paper copy. In addition, and to To facilitate the proper and timely payment of applications, the OWNER requires that all submitted invoices applications contain a valid PURCHASE ORDER NUMBER. 4. The CONTRACTOR warrants that title to all Work covered by an Application for Payment will pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER shall, to the best of the CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the OWNER’s interests. 5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER. 6. The CONTRACTOR shall promptly pay each subcontractor and supplier out of the amount paid to the CONTRACTOR on account of such entities’ portion of the Work. 7. The OWNER shall have no responsibility for the payment of money to a subcontractor or supplier. 8. An Application for Payment, a progress payment, or partial or entire use or occupancy of the project by the OWNER shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Payments and Completion. 1. The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 2. Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the CONTRACTOR’s right to payment as the OWNER may reasonably require. 3. Application for Payment performed under this agreement shall be submitted as follows:  Electronically via email to XxxxxxXXXxxxxxxx@XxxxxxXX.xxx  Paper Copies via US Mail to: Please do not submit invoices both electronically and paper copy. In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER. 4. The CONTRACTOR warrants that title to all Work covered by an Application for Payment will pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the OWNER shall, to the best of the CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the OWNER’s interests. 5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER. 6. The CONTRACTOR shall promptly pay each subcontractor and supplier out of the amount paid to the CONTRACTOR on account of such entities’ portion of the Work. 7. The OWNER shall have no responsibility for the payment of money to a subcontractor or supplier. 8. An Application for Payment, a progress payment, or partial or entire use or occupancy of the project by the OWNER shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. 9. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can occupy or utilize the Work for its intended use. 10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix the time within which the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When he finds the Work acceptable and the Contract fully performed, the OWNER will promptly issue a final Certificate for Payment. 12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.