PAYMENTS TO SUBCONTRACTOR Sample Clauses

PAYMENTS TO SUBCONTRACTOR. In the event that the Contractor utilizes a Subcontractor for any portion of the work under this Contract, the Contractor hereby agrees to: 1. Provide payment of Subcontractors within seven (7) days of receipt of payment by VRE for work completed and approved expenses. The Contractor shall take one (1) of the two (2) following actions within seven (7) days after receipt of amounts paid to the Contractor by VRE for work performed by a Subcontractor under the Contract. a. Pay a Subcontractor for the proportionate share of the total payment received from VRE attributable to the work performed and completed by that Subcontractor under the Contract; or b. Notify VRE and any Subcontractors, in writing, of its intention to withhold all or a part of the Subcontractor's payment with the reason for nonpayment. 2. The Contractor shall be obligated to pay interest to a Subcontractor on all monies owed by the Contractor that remain unpaid after seven (7) days following receipt by the Contractor of payment from VRE for work performed by a Subcontractor under the Contract, except for amounts withheld under subsection 1.b. of this Section. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent (1%) per month. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary Contract. 3. The Contractor's obligation to pay an interest charge to a Subcontractor pursuant to the provisions of this Section may not be construed as an obligation by VRE. A contract modification may not be made for the purpose of providing reimbursement for any such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.
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PAYMENTS TO SUBCONTRACTOR. Payments shall be due for all work completed by Subcontractor, less retention, up to the suspension date, as provided under the Payment procedures in the Subcontract Documents. Any unauthorized work performed by Subcontractor after the date of suspension will not be paid unless and until work resumes and such work is paid for by Owner.
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PAYMENTS TO SUBCONTRACTOR. (a) Notwithstanding any other provision of this Mastercraft Agreement, Project Subcontract or the Contract Documents, progress payments to the Subcontractor shall be made no more than one time each month (as indicated by the Contractor) within ten days after submittal, approval, and payment of the Contractor’s monthly estimate by the Owner; and the Contractor or the Owner shall retain 10% of the amount due to the Subcontractor from progress payments under partial payment estimates for work performed by the Subcontractor until final completion, acceptance, and payment of the Subcontractor’s work by the Owner. Request for partial payment must be submitted to Contractor no later than the 25th day of the month and must be on the standard form therefore from time to time prepared or used by Contractor, and must be accompanied by a partial release of the Contractor, Owner and Project of such portion of all claims and liens arising by virtue of the Project Subcontract, and an affidavit by the Subcontractor that all labor, material and other bills have been paid, all subject to the satisfaction of the Contractor. Certified payroll reports must be submitted with each request for payment if required by Contractor, owner or if specified in the Contract documents. (b) Request for final payment must be accompanied by as built drawings, warranties, operating manuals, a release of the Contractor, Owner and Project of all claims and liens arising by virtue of the Project Subcontract, and an affidavit by the Subcontractor that all labor, material and other bills have been paid, all subject to the satisfaction of the Contractor. Final payment by the Contractor shall not be construed as acceptance of defective work or improper materials or waiver of any breach of this Mastercraft Agreement and/or the Project Subcontract. Contractor hereby reserves any and all rights it may have at law or in equity with respect to this Subcontract and the matter covered hereby. No other provisions to the contrary withstanding, final payment shall be made within ten (10) days after all of the following conditions have been met; (i) Contractor has received payment from Owner, and (ii) the Subcontract Work has been fully and completely performed in accordance with this agreement; and (iii) all other requirements herein set forth are satisfied. (c) On all final and partial payments Contractor shall have the right to insist, prior to payment, upon receipt from Subcontractor of (i) release of liens...
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PAYMENTS TO SUBCONTRACTOR. 8.1 Based upon applications for payment submitted to the Contractor by the Subcontractor, corresponding to applications for payment submitted by the Contractor to the Architect, and certificates for payment issued by the Architect, the Contractor shall make progress payments on account of the Subcontract sum to the subcontractor as provided below and elsewhere in the Subcontract documents. Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor and Subcontractor for Work properly performed by their contractors and suppliers shall be held by the Contractor and Subcontractor for those contractors or suppliers who performed Work of furnished materials, or both, under contract with the Contractor or Subcontractor for which payment was made to the Contractor by the owner or to the Subcontractor by the Contractor, as applicable. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor or Subcontractor, shall create and fiduciary liability or tort liability on the part of the Contractor or Subcontractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor or Subcontractor for breach of the requirements of this provision. 8.2 Subcontractor understands that all payments to Subcontractor will be made from a specific source, specifically, from payments made by
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PAYMENTS TO SUBCONTRACTOR. The estimated cost for Contractors completion of the Work, including indirect charges, is $20,000 per month. Payments by the Company to the Contractor shall be made in accordance with the following: a) Upon commencement of the Work, Contractor shall submit invoices (Attachment B), and such other reasonable documentation as requested by the Company, at approximately thirty (30) day intervals for payment of costs associated with the contract. b) Payments shall be made to Contractor within thirty (30) days after the Company receives the invoice thereof.
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PAYMENTS TO SUBCONTRACTOR. The “Contract Sum” means and refers to the amount of money to be paid to the Subcontractor as set forth on the purchase order for the performance of all of the work set forth in the purchase order, and shall be paid in accordance with the following procedures which may be amended at the request of the Owner: 8.01 Based upon Applications for Payment submitted to the Contractor by Subcontractor, the Contractor shall make progress payment on account of the Contract Sum to Subcontractor as provided in the Contract Documents. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Each Application for Payment shall be based upon the schedule of values submitted by the Subcontractor to Contractor and approved by Contractor prior to the performance of the Work. The schedule of values shall not be changed without the prior written approval of Contractor. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect and/or Owner may require. This schedule, unless objected to by the Contractor, shall be used as a basis for reviewing the Subcontractor’s Applications for Payment. The Contract Amount shall be payable as hereinafter set forth, subject however to a holdback (“Retainage”) of 10% until the Substantial Completion Date as defined in this Subcontract. The Contract Sum includes all Federal, State, City, County, municipal, sales, use and other taxes imposed by law. Where the law requires any such taxes to be stated and charged separately, the total price of all items included in the work plus the amount of the taxes shall not exceed the Contract Sum. (a) With each Requisition, Subcontractor shall submit partial waivers of lien, in a form annexed hereto as Exhibit “A”, acknowledging that it has been paid in full for all labor performed and materials furnished to the Project as of the date of the prior Requisition, and that Subcontractor has no claims including, but not limited to, those for extra work or additional costs for work performed up to the date of the Requisition except for the amount requested in the Requisition and any other claims identified in the partial waiver of lien submitted with the Requisition. In addition, Subcontractor shall with each Requisition furnish an affidavit, in a form approved by Cont...
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PAYMENTS TO SUBCONTRACTOR. The estimated cost for Contractors completion of the Work, including indirect charges, is $58,946. Payments by the Company to the Contractor shall be made in accordance with the following: a) Upon commencement of the Work, Contractor shall submit an invoice and such other reasonable documentation as requested by the Company for an initial payment equal to one-half of the contract amount. On September 30, 2005, contractor shall submit an invoice for the second payment equal to one-half of the contract amount. b) Payments shall be made to Contractor on a cost reimbursable basis, within thirty (30) days after the Company receives the invoice thereof, provided that the same is in accordance with the Budget.
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PAYMENTS TO SUBCONTRACTOR. Within seven (7) days after receipt of amounts paid by the County for work performed by a subcontractor under this Contract, the Contractor shall either: A. Pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under this Contract; or B. Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment and the reason for non-payment. The Contractor shall pay interest to the subcontractor on all amounts owed that remain unpaid beyond the seven (7) day period except for amounts withheld as allowed in item B. above. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent (1%) per month. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor. The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this provision may not be construed to be an obligation of the County.
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PAYMENTS TO SUBCONTRACTOR. The cost for UTHSCSA's completion of the Work, including indirect charges, is $64,306. Payments by XPENTION to UTHSCSA shall be made in accordance with the following schedule: a. Signature: $34,306 b. 4 month mark: $20,000 c. Final report submission: $10,000 Payments will be effected within 45 days of receipt of invoice.
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Related to PAYMENTS TO SUBCONTRACTOR

  • Payments to Subcontractors Develop and implement a procedure for the review, processing and payment of applications by subcontractors for progress and final payments.

  • Payment to Subcontractors (If applicable) As required by Minnesota Statute § 16A.1245, the prime Contractor must pay all subContractors, less any retainage, within 10 calendar days of the prime Contractor’s receipt of payment from the State for undisputed services provided by the subContractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subContractor(s) on any undisputed amount not paid on time to the subContractor(s).

  • PAYMENT TO SUB-CONTRACTORS 12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of the Supplier/Service Provider, subject to the following conditions: a) Receipt of an undisputed invoice from the sub-contractor; and b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed by the sub-contractor are correct and that the services for which the sub- contractor has requested payment were rendered to the satisfaction of the Supplier/Service Provider, against the required standards. 12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone.

  • Prompt Payment to Subcontractors (a) Within 7 days of receipt by the Contractor of each payment from the City under this contract, the Contractor shall pay all Subcontractors (which term includes subconsultants and suppliers) based on work completed or service provided under the subcontract. Should any payment to the Subcontractor be delayed by more than 7 days after receipt of payment by the Contractor from the City under this contract, the Contractor shall pay the Subcontractor interest, beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. By appropriate litigation, Subcontractors shall have the right to enforce this subsection (a) directly against the Contractor, but not against the City of Durham. (b) If the individual assigned to administer this contract for the City (in this section, titled “Prompt Payment to Subcontractors,” he or she will be referred to as the “Project Manager”) determines that it is appropriate to enforce subsection (a) in this manner, the City may withhold from progress or final payments to the Contractor the sums estimated by the Project Manager to be (i) the amount of interest due to the Subcontractor under subsection (a), and/or (ii) the amounts past-due under subsection (a) to the Subcontractor but not exceeding 5% of the payment(s) due from the City to the Contractor. This subsection (b) does not limit any other rights to withhold payments that the City may have. (c) Nothing in this section (titled “Prompt Payment to Subcontractors”) shall prevent the Contractor at the time of invoicing, application, and certification to the City from withholding invoicing, application, and certification to the City for payment to the Subcontractor for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage to the Contractor or another subcontractor; reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed 10%. (d) The Project Manager may require, as a prerequisite to making progress or final payments, that the Contractor provide statements from any Subcontractors designated by the Project Manager regarding the status of their accounts with the Contractor. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.

  • Payments to Contractor For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, and in accordance with the directions of the TOWN, through its Engineer and to its satisfaction, the TOWN agrees to pay the CONTRACTOR the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit bid price in the Bid Proposal and to make such payment in accordance with applicable Arizona Revised Statutes, after final inspection and acceptance of the work. The TOWN by mutual agreement may make progress payments on contracts of less than ninety days and shall make monthly progress payments on all other contracts as provided for in this paragraph. Payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under such Contract may include payment for material and equipment, but to ensure the proper performance of such Contract, the TOWN shall retain ten per cent (10%) of the amount of each estimate until final completion and acceptance of all material, equipment and work covered by the Contract. An estimate of the work submitted shall be deemed approved and certified for payment after ten (10) days from the date of submission unless before that time the TOWN or TOWN’s agent prepares and issues a specific written finding setting forth those items in detail in the estimate of the work that are not approved for payment under the Contract. The TOWN may withhold any amount from the progress payment sufficient to pay the expenses the TOWN reasonably expects to incur in correcting the deficiency set forth in the written finding. The progress payments shall be paid on or before fourteen (14) days after the estimate of the work is certified and approved. The estimate of the work shall be deemed received by the TOWN on submission to any person designated by the TOWN for the submission, review or approval of the estimate of the work. When the Contract is fifty per cent (50%) completed, one-half (1/2) of the amount retained, including any securities substituted as set forth below, shall be paid to the CONTRACTOR upon the CONTRACTOR’s request, provided the CONTRACTOR is making satisfactory progress on the Contract and there is no specific cause or claim requiring a greater amount to be retained. After the Contract is fifty per cent (50%) completed, no more than five percent (5%) of the amount of any subsequent progress payments made under the Contract may be retained, providing the CONTRACTOR is making satisfactory progress on the project, except that if at any time the TOWN determines satisfactory progress is not being made, ten per cent (10%) retention shall be reinstated for all progress payments made under the Contract subsequent to the determination. Upon completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, except as qualified below, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material and equipment delivered on the site to be incorporated in the job shall be taken into consideration in determining the estimated value by the Architect or Engineer. Ten percent (10%) (or five percent (5%) the CONTRACTOR is making satisfactory progress) if of all estimates shall be retained by the TOWN as a guarantee for complete performance of the Contract, to be paid to the CONTRACTOR within sixty (60) days after completion or filing notice of completion of the Contract. Retention of payments by the TOWN longer than sixty (60) days after final completion and acceptance requires a specific written finding by the TOWN of the reasons justifying the delay in payment. The TOWN may not retain any moneys after sixty (60) days which are in excess of the amount necessary to pay the expenses the purchasing agency reasonably expects to incur in order to pay or discharge the expenses determined by the TOWN in the finding justifying the retention of moneys. In lieu of the retention provided in this section, the TOWN shall, at the option of the CONTRACTOR, accept as a substitute an assignment of time certificates of deposit of banks licensed by this State, securities of or guaranteed by the United States of America, securities of this State, securities of counties, municipalities and schools within this State, or shares of savings and loan institutions authorized to transact business in this State, in an amount equal to ten per cent (10%) (or five percent (5%) the CONTRACTOR is making satisfactory progress) of all estimates which shall be retained by the agent as a guarantee for complete performance of the Contract. In the event the TOWN accepts substitute security as described in this paragraph for the ten percent (10%) (or five percent (5%) the CONTRACTOR is making satisfactory progress) retention, the CONTRACTOR shall be entitled to receive all interest or income earned by such security as it accrues and all such security in lieu of retention shall be returned to the CONTRACTOR by the TOWN within sixty (60) days after final completion and acceptance of all material, equipment and work covered by the Contract if the CONTRACTOR has furnished the TOWN satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work. In no event shall the agent accept a time certificate of deposit of a bank or shares of a savings and loan institution in lieu of the retention specified unless accompanied by a signed and acknowledged waiver of the bank or savings and loan association of any right or power to set off against either the TOWN or the CONTRACTOR in relationship to the certificates or shares assigned. In any instance where the TOWN has accepted substitute security as provided above, any Subcontractor undertaking to perform any part of such public work shall be entitled to provide substitute security to the CONTRACTOR upon terms and conditions similar to those described above, and such security shall be in lieu of any retention under the Subcontract.

  • Right to Subcontract The Carrier at its discretion may subcontract on any terms the whole or any part of the Carriage.

  • Payments to Owner Section 4.01 Remittances...................................................29 Section 4.02 Statements to Owner...........................................29 Section 4.03 Monthly Advances by Servicer..................................30 Section 4.04 Due Dates Other Than the First of the Month...................30 ARTICLE V

  • No Right to Subcontracting Subcontractor may not subcontract, either part or in whole, the Services authorized under this Agreement.

  • APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Agreement will be bound by the foregoing terms and conditions.

  • PAYMENT OF SUBCONTRACTORS Contractor shall pay any of its subcontractors not later than seven (7) days after receipt of any progress payment, unless otherwise agreed to in writing, the respective amounts allowed Contractor on account of the work performed by subcontractor(s), to the extent of each subcontractor’s interest therein, except as otherwise provided in Business and Professions Code Section 7108.5.

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