Common use of Payments to Subcontractors or Suppliers Clause in Contracts

Payments to Subcontractors or Suppliers. 7.7.1 Design-Builder shall pay its Subcontractors or Suppliers within seven Days of receipt of each progress payment from the City. The Design-Builder shall pay for the amount of construction performed or materials supplied by each Subcontractor or Supplier as accepted and approved by the City with each progress payment. In addition, any reduction of retention by the City to the Design- Builder shall result in a corresponding reduction to Subcontractors or Suppliers who have performed satisfactory work. Design-Builder shall pay Subcontractors or Suppliers the reduced retention within fourteen Days of the payment of the reduction of the retention to the Design-Builder. No contract between Design-Builder and its Subcontractors and Suppliers may materially alter the rights of any Subcontractor or Supplier to receive prompt payment and retention reduction as provided herein. 7.7.2 If the Design-Builder fails to make payments in accordance with these provisions, the City may take any one or more of the following actions and Design-Builder agrees that the City may take such 7.7.2.1 To hold the Design-Builder in default under this Agreement; 7.7.2.2 Withhold future payments including retention until proper payment has been made to Subcontractors or Suppliers in accordance with these provisions; 7.7.2.3 Reject all future offers to perform work for the City from the Design-Builder for a period not to exceed one year from Substantial Completion date of this Project. 7.7.2.4 Terminate this Agreement. 7.7.3 If Design-Builder’s payment to a Subcontractor or Supplier is in dispute, it shall act in compliance with 7.7.4 Should the City fail or delay in exercising or enforcing any right, power, privilege, or remedy under this section, such failure or delay shall not be deemed a waiver, release, or modification of the requirements of this section or of any of the terms or provisions thereof. 7.7.5 Design-Builder shall include these prompt payment provisions in every subcontract, including procurement of materials and leases of equipment for this Agreement.

Payments to Subcontractors or Suppliers. 7.7.1 Design-Builder CM@Risk shall pay its Subcontractors or Suppliers within seven (7) Days of receipt of each progress payment from the City. The Design-Builder CM@Risk shall pay for the amount of construction Work performed or materials supplied by each Subcontractor or Supplier supplier as accepted and approved by the City with each progress payment. In addition, any reduction of retention by the City to the Design- Builder CM@Risk shall result in a corresponding reduction to Subcontractors or Suppliers suppliers who have performed satisfactory work. Design-Builder CM@Risk shall pay Subcontractors or Suppliers suppliers the reduced retention within fourteen (14) Days of the payment of the reduction of the retention to the Design-BuilderCM@Risk. No contract between Design-Builder CM@Risk and its Subcontractors and Suppliers suppliers may materially alter the rights of any Subcontractor or Supplier supplier to receive prompt payment and retention reduction as provided herein. 7.7.2 . If the Design-Builder CM@Risk fails to make payments in accordance with these provisions, the City may take any one or more of the following actions and Design-Builder CM@Risk agrees that the City may take suchsuch actions: 7.7.2.1 1. To hold the Design-Builder CM@Risk in default under this Agreement; 7.7.2.2 2. Withhold future payments including retention until proper payment has been made to Subcontractors or Suppliers suppliers in accordance with these provisions; 7.7.2.3 3. Reject all future offers to perform work for the City from the Design-Builder CM@Risk for a period not to exceed one year from Substantial Completion date of this Project.; or 7.7.2.4 4. Terminate this Agreement. 7.7.3 . If Design-BuilderCM@Risk’s payment to a Subcontractor or Supplier supplier is in dispute, it shall act in compliance with 7.7.4 Should CM@Risk and Subcontractor or supplier agree to submit the City fail or delay in exercising or enforcing dispute to any right, power, privilege, or remedy under this section, such failure or delay shall not be deemed a waiver, release, or modification of one of the requirements following dispute resolution processes within fourteen (14) Days from the date either party gives notice to the other: (a) binding arbitration; (b) a form of this section or of any of the terms or provisions thereof. 7.7.5 Design-Builder shall include these prompt payment provisions in every subcontract, including procurement of materials and leases of equipment for this Agreement.alternative dispute resolution (ADR) agreeable to all parties or

Payments to Subcontractors or Suppliers. 7.7.1 Design-Builder 7.6.1 XXXX shall pay its Subcontractors or Suppliers suppliers within seven Days (7) calendar days of receipt of each progress payment from the City. The Design-Builder XXXX shall pay for the amount of construction Work performed or materials supplied by each Subcontractor or Supplier supplier as accepted and approved by the City with each progress payment. In addition, any reduction of retention by the City to the Design- Builder XXXX shall result in a corresponding reduction to Subcontractors or Suppliers suppliers who have performed satisfactory work. Design-Builder XXXX shall pay Subcontractors or Suppliers suppliers the reduced retention within fourteen Days (14) calendar days of the payment of the reduction of the retention to the Design-BuilderXXXX. No contract agreement between Design-Builder XXXX and its Subcontractors and Suppliers suppliers may materially alter the rights of any Subcontractor or Supplier supplier to receive prompt payment and retention reduction as provided herein. 7.7.2 7.6.2 If the Design-Builder XXXX fails to make payments in accordance with these provisions, the City may take any one or more of the following actions and Design-Builder XXXX agrees that the City may take suchsuch actions: 7.7.2.1 To hold the Design-Builder 7.6.2.1 Hold XXXX in default under this Agreement; 7.7.2.2 7.6.2.2 Withhold future payments including retention until proper payment has been made to Subcontractors or Suppliers suppliers in accordance with these provisions; 7.7.2.3 7.6.2.3 Reject all future offers to perform work for the City from the Design-Builder XXXX for a period not to exceed one one (1) year from Substantial Completion date of this Project.; or 7.7.2.4 7.6.2.4 Terminate this Agreement. 7.7.3 7.6.3 If Design-Builder’s XXXX’x payment to a Subcontractor or Supplier supplier is in dispute, it shall act in compliance with 7.7.4 7.6.4 Should the City fail or delay in exercising or enforcing any right, power, privilege, or remedy under this sectionSection, such failure or delay shall not be deemed a waiver, release, or modification of the requirements of this section Section or of any of the terms or provisions thereof. 7.7.5 Design-Builder 7.6.5 XXXX shall include these prompt payment provisions in every subcontract, including procurement of materials and leases of equipment for this Agreement.

Payments to Subcontractors or Suppliers. 7.7.1 Design-Builder XXXX shall pay its Subcontractors or Suppliers suppliers within seven Days (7) calendar days of receipt of each progress payment from the City. The Design-Builder XXXX shall pay for the amount of construction Work performed or materials supplied by each Subcontractor or Supplier supplier as accepted and approved by the City with each progress payment. In addition, any reduction of retention by the City to the Design- Builder XXXX shall result in a corresponding reduction to Subcontractors or Suppliers suppliers who have performed satisfactory work. Design-Builder XXXX shall pay Subcontractors or Suppliers suppliers the reduced retention within fourteen Days (14) calendar days of the payment of the reduction of the retention to the Design-BuilderXXXX. No contract agreement between Design-Builder XXXX and its Subcontractors and Suppliers suppliers may materially alter the rights of any Subcontractor or Supplier supplier to receive prompt payment and retention reduction as provided herein. 7.7.2 If the Design-Builder XXXX fails to make payments in accordance with these provisions, the City may take any one or more of the following actions and Design-Builder XXXX agrees that the City may take suchsuch actions: 7.7.2.1 To hold the Design-Builder Hold XXXX in default under this Agreement; 7.7.2.2 Withhold future payments including retention until proper payment has been made to Subcontractors or Suppliers suppliers in accordance with these provisions; 7.7.2.3 Reject all future offers to perform work for the City from the Design-Builder XXXX for a period not to exceed one one (1) year from Substantial Completion date of this Project.; or 7.7.2.4 Terminate this Agreement. 7.7.3 If Design-Builder’s XXXX’x payment to a Subcontractor or Supplier supplier is in dispute, it shall act in compliance with 7.7.4 Should the City fail or delay in exercising or enforcing any right, power, privilege, or remedy under this sectionSection, such failure or delay shall not be deemed a waiver, release, or modification of the requirements of this section or of any of the terms or provisions thereof.modification 7.7.5 Design-Builder XXXX shall include these prompt payment provisions in every subcontract, including procurement of materials and leases of equipment for this Agreement.