Procedure for a. The Parties agree that the senior qualified person displaced from his former position as a result of a layoff or who in fact is laid off shall be the person recalled to fill any vacancy, with due regard to the provisions of article so long as such person can per- form the tasks required in a safe manner.
Procedure for a partial payment or retention of payment The Contracting Authority must formally notify the Contractor of its intention to partially pay a corresponding calculated amount or retain the payment. As regards the partial payment, the amount of the partial payment is clearly assessed by the Parties acting in good faith as a function of the value created to the Agency by the partial achievement of the payment milestone concerned. The Contractor has 15 (fifteen) days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed. If the Contractor submits observations, the Contracting Authority, taking into account the relevant observations, must notify the Contractor: • of the withdrawal of its intention to partial payment or the retention of payment; or • of its final decision to partial payment and the corresponding amount or the retention of payment.
Procedure for a partial payment or retention of payment The Contracting Authority must formally notify the Contractor of its intention to partially pay a corresponding calculated amount or retain the payment. Upon such notification, the invoice shall be suspended until the Contractor submits a dedicated credit note, covering the amount of the reduction. The Contracting Authority shall perform the payment of the amount that is certain, upon the receipt of the credit note. As regards the partial payment, the amount of the partial payment is clearly assessed by the Parties acting in good faith as a function of the value created to the Agency by the partial achievement of the payment milestone concerned. The Contractor has 15 (fifteen) days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed. If the Contractor submits observations, the Contracting Authority, taking into account the relevant observations, must notify the Contractor either of (i) the withdrawal of its intention to partial payment or the retention of payment; or of (ii) its final decision to partial payment and the corresponding amount or the retention of payment, whereby in case of (i) the Contractor shall issue an invoice for the amount of credit note and the Contracting Authority shall pay the amount which was debatable.
