Performance and Payment. ADOT intends to enter into a long-term P3 Agreement with Developer that transfers significant responsibility for the design, construction and ongoing operations and maintenance of the lighting system to Developer. ADOT may make one or more milestone payments to Developer during the design and construction/installation period, with the amount, timing, manner and conditions of payments to be set forth in the RFP. During the operations and maintenance period, ADOT will make availability payments as consideration for Developer’s performance of its obligations under the P3 Agreement. The performance requirements are currently under consideration, but will be set forth in the RFP and are expected to include achievement of a prescribed level of system availability, prescribed levels of luminance, energy consumption that is lower than the maximum allowable consumption (kWh), certain response times for repair and other measures of performance. The payment mechanism is expected to include deductions in the event of noncompliance, with such deductions escalating over time in the event of persistent noncompliance. ADOT will be responsible for electrical utility payments relating to the lighting system, and ADOT intends to share the benefits of reduced energy consumption between ADOT and Developer.
Performance and Payment. The Contractor shall perform the Contract Work in compliance with this Contract and with all applicable laws and legal requirements, and in the manner and to the standard to be expected of a reasonably competent Contractor. The Owner shall pay the Contractor the Total Price in accordance with this Contract.
Performance and Payment. 8.16.1 The CM shall proceed with the Work during any dispute resolution process, unless otherwise agreed by the CM and Contracting Authority in writing.
8.16.2 The Contracting Authority shall continue to make payment of any undisputed amounts in accordance with the Contract Documents pending final resolution of a Claim, unless otherwise agreed by the CM and Contracting Authority in writing.
Performance and Payment. 2.1 The Contractor will execute and complete the Works in a proper and workmanlike manner in accordance with this Contract.
2.2 Unless expressly otherwise required, the Contractor will use new materials and provide all materials, labour, plant, equipment, tools and everything else (whether temporary or permanent) required for the performance of the Contractor’s obligations.
2.3 The Principal will pay the Contractor the Contract Sum in accordance with this Contract. This Contract is not subject to rise and fall in costs.
2.4 The Contractor warrants that at all times:
(a) it and its employees and subcontractors are suitably qualified and experienced to execute and complete the Works and will exercise due skill, care and diligence in so doing;
(b) it has checked this Contract for any discrepancies or omissions within and between the Contract documents and between the Contract and applicable Law;
(c) it has satisfied itself as to the correctness and sufficiency of its allowance for the Works and that the Contract Sum covers the cost of complying with all its obligations under this Contract and all things necessary for the due and proper performance of the Contract; and
(d) it has informed itself of the nature of the work and materials necessary for execution and completion of the Works, the means of access to and the facilities at the Site, transport facilities for deliveries to and from the Site and the availability and cost of labour.
Performance and Payment. Cadence shall provide the sales organization and perform the marketing and sales scope as specified on EXHIBIT B and, in consideration for such performance, the Partnership shall pay amounts to Cadence, for commissions to the Cadence Account Team, for Bookings to Joint Target Accounts, where made subsequent to the date hereof and during the term hereof, as further specified in and in accordance with EXHIBIT B and EXHIBIT E. Neither Party may change the terms of EXHIBIT B or EXHIBIT E without the express written consent of the other Party.
Performance and Payment. For the satisfactory performance or service described above, LEISD shall pay the Contractor: A flat fee of or rate of . The maximum amount payable under this contract is . All payments due to Contractor shall be made by a LEISD check upon completion of work and submission of an itemized invoice or reimbursement form with necessary receipts and required documents. A completed and signed W-9 must be on file before payment can be released. Indemnification Clause Contractor agrees to jointly and severally indemnify, defend, and hold LEISD harmless from and against all liability, loss, damage, or expense, including attorney’s fees which may be incurred or sustained by reason of the failure of Contractor to fully perform and comply with the terms and obligations of this Contract.
Performance and Payment. 8.15.1 The DB shall proceed with the Work during any dispute resolution process, unless otherwise agreed by the DB and Contracting Authority in writing.
8.15.2 The Contracting Authority shall continue to make payment of any undisputed amounts in accordance with the Contract Documents pending final resolution of a Claim, unless otherwise agreed by the DB and Contracting Authority in writing.
Performance and Payment bonds The Contractor is is not required to furnish performance and payment bonds.
Performance and Payment. (a) The Supplier must execute and complete the Works and supply the Equipment in accordance with the requirements of this Contract.
Performance and Payment. 6.1 The Contractor must perform and complete the Works (including all design) by the Date for Completion and in accordance with:
(a) this Contract;
(b) Good Industry Practice; and
(c) all Legal Requirements.
6.2 The Contractor must ensure that the Works when Completed will be fit for the Intended Purpose.