Progress Payments/Liens Sample Clauses

Progress Payments/Liens. Vendor shall pay when due all obligations incurred by Vendor in connection with the Project, including, without limitation, payments to subcontractors and payments for labor and materials obtained or used by Vendor or any subcontractor. Buyer shall not be obligated to make any partial or final payment to Vendor unless and until Buyer is satisfied that no liens or adverse claims will be asserted against any of Buyer’s property in connection with the Project or any materials or labor provided by Vendor or any subcontractor. Buyer will make progress payments to Vendor throughout the course of the Project, no more than once monthly, as long as (i) no Default has occurred, (ii) progress on the Project is reasonably satisfactory to Buyer, and (iii) lien waivers have been provided from Vendor and all subcontractors, materialmen and suppliers, for all the work on the Project to date, or Buyer is otherwise satisfied that no liens or adverse claims can be asserted. Buyer may withhold and retain five percent (5%) of each payment (“retainage”) pending completion of the Project and delivery of final lien waivers. Buyer may at its discretion waive the retainage requirement. Vendor shall provide correct and complete invoices, with the lien waivers required under (iii) above and such other supporting documents as Buyer may request. Unless otherwise stated on the Order or Contract, payment shall be due within 90 days after Buyer’s receipt of a correct and complete invoice and only upon Buyer’s authorized representative’s approval of the invoice. In no event shall work on the Project stop as a result of Buyer’s failure to timely process any invoice submitted by Vendor. Unless otherwise stated on the Order or Contract, final payment shall be due and payable within 90 days after the latest of the following events: (i) completion of the Project and Buyer’s acceptance of the Project, (ii) the issuance of any manufacturer’s guarantee or surety bond required by the Contract Documents), and (iii) Buyer’s receipt of all required lien waivers and protections. If Buyer has not received all required lien waivers and protections, final payment shall be due and payable on the fifth (5th) day after the later of expiration of the legal period for filing liens or the reflection in the public records of the removal of any liens that may have been filed. If any party from whom a lien waiver is required hereunder refuses to furnish such a lien waiver or receipt, Vendor may instead furnish a b...
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Related to Progress Payments/Liens

  • Progress Payments 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

  • PROGRESS PAYMENT 5.4.1 After receipt by the Contract Administrator of a Proper Invoice submitted by the Contractor in accordance with 5.3 – PROPER INVOICES:

  • Periodic Progress Payments The Owner shall make progress payments, less retainage, as set forth in Section 4 of the General Conditions.

  • Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the first day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

  • Excess Payments If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

  • Repayment of Overpayments 17.1 Any salary overpayments will be repaid to the employer within a reasonable period of time.

  • Interim payments Interim payments are intended to reimburse the beneficiary for expenditure on the basis of a detailed statement of the costs incurred, once the action has reached a certain level of completion. It may clear all or part of any pre-financing. By the appropriate deadline indicated in Article I.5, the beneficiary shall submit a request for interim payment accompanied by the following documents: - an interim report on implementation of the action; - an interim financial statement of the eligible costs actually incurred, following the structure of the estimated budget; - where required by the provisions of Article I.4 on interim payment, a certificate on the action's financial statements and underlying accounts, produced by an approved auditor or, in case of public bodies, by a competent and independent public officer. The certificate shall certify, in accordance with a methodology approved by the Commission, that the costs declared by the beneficiary in the financial statements on which the request of payment is based are real, accurately recorded and eligible and that all receipts have been declared, in accordance with the agreement. The documents accompanying the request for payment shall be drawn up in accordance with the relevant provisions in Article I.5 and the annexes. The beneficiary shall certify that the information provided in his request for payment is full, reliable and true. He shall also certify that the costs incurred can be considered eligible in accordance with the agreement, that all receipts have been declared, and that his request for payment is substantiated by adequate supporting documents that can be checked. On receipt of these documents, the Commission shall have the period specified in Article I.4 in order to: - approve the interim report on implementation of the action; - ask the beneficiary for supporting documents or any additional information it deems necessary to allow the approval of the report; - reject the report and ask for the submission of a new report. Failing a written reply from the Commission within the time limit for scrutiny indicated above, the report shall be deemed to have been approved. Approval of the report accompanying the request for payment shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information it contains. Requests for additional information or a new report shall be notified to the beneficiary in writing. If additional information or a new report is requested, the time limit for scrutiny shall be extended by the time it takes to obtain this information. The beneficiary shall be informed of that request and the extension of the delay for scrutiny by means of a formal document. The beneficiary shall have the period laid down in Article I.4 to submit the information or new documents requested. Extension of the delay for approval of the report may delay the payment by the equivalent time. Where a report is rejected and a new report requested, the approval procedure described in this article shall apply. In the event of renewed rejection, the Commission reserves the right to terminate the agreement by invoking Article II.11.2 (b).

  • Order of Application of Partial Payments and Periodic Payments Except as otherwise described in this Section 2, if Lender applies a payment, such payment will be applied to each Periodic Payment in the order in which it became due, beginning with the oldest outstanding Periodic Payment, as follows: first to interest and then to principal due under the Note, and finally to Escrow Items. If all outstanding Periodic Payments then due are paid in full, any payment amounts remaining may be applied to late charges and to any amounts then due under this Security Instrument. If all sums then due under the Note and this Security Instrument are paid in full, any remaining payment amount may be applied, in Xxxxxx’s sole discretion, to a future Periodic Payment or to reduce the principal balance of the Note. If Lender receives a payment from Borrower in the amount of one or more Periodic Payments and the amount of any late charge due for a delinquent Periodic Payment, the payment may be applied to the delinquent payment and the late charge. When applying payments, Lender will apply such payments in accordance with Applicable Law.

  • Payments and Completion Payments may be withheld because of (1) defective work not remedied; (2) failure of contractor to make proper payments to subcontractors, workers, or suppliers; (3) persistent failure to carry out work in acceptance with this Agreement or these general conditions, or (4) legal claims. Final payment will be due after complete release of any and all liens arising out of the contract or submission of receipts or other evidence of payment covering all subcontractors or suppliers who could file such a lien. The contractor agrees to indemnify the Owner against such liens and will refund all monies including costs and reasonable attorney’s fees paid by the owner in discharging the liens. A 10 percent holdback is required by the lender to assure the work has been properly completed and there are no liens against the property. Owners Initials: Contractor’s Initials: -Continued on Page Three-

  • County Obligations Tenant specifically acknowledges and agrees that County, and County Parties do not and shall not have any obligations with respect to the maintenance, alteration, improvement, demolition, replacement, addition or repair of any Improvements.

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