Common use of Progress Report and Invoice Clause in Contracts

Progress Report and Invoice. 9.1.1.1 On or about the fifth Business Day of each calendar month, Contractor shall submit to Owner (i) its invoice, and (ii) a progress report covering the previous calendar month (the “Payment Period”) containing at a minimum the following information (“Progress Report”): (1) A description of the Work performed during the Payment Period and all Payment Milestones achieved; (2) A description of the Work not yet performed, if any, necessary to meet the Project Schedule for such Payment Period; (3) A description of the Work and the related Payment Milestones anticipated to be performed or achieved during the next month; (4) A statement of the amount due Contractor for Work for which payment was withheld from an earlier payment; (5) A statement of all sums previously paid to Contractor; (6) Partial lien waivers from Contractor covering all the Work through the immediately preceding Payment Period; (7) An updated Project Schedule showing progress to date, any failures to meet the Project Schedule, the current schedule of activities and a forecast of activities remaining to be performed; (8) Information regarding unusual weather conditions or Force Majeure events encountered during the Payment Period that have affected the Work; (9) A discussion of any problems encountered during the period and the remedies effected or planned; (10) Bulk quantities installation curves showing planned versus completed quantities (e.g., concrete, , piping, conduit and wire); (11) Any interim payment by Contractor to the Subcontractors that obligates Owner to pay interest to Contractor as part of the invoiced Milestone Payment, together with the amount of interest that is payable; (12) Any other information reasonably requested in writing by either Owner; (13) Value of Change Orders and Addendums added to the Payment Milestone Schedule; (14) Itemization and allocation of any Excluded GMP Costs; and (15) If requested by Owner: a) the dates of any Payment Milestones for Major Equipment Supplier contract payments coming due before the next monthly Payment Due Date; and b) Contractor’s good faith estimate of all payroll and other Subcontractor and Supplier payments (together with the estimated payment dates) that Owner will need to make, prior to the next monthly Payment Due Date to avoid or minimize interest charges. 9.1.1.2 In the event either Owner reasonably determines that Contractor has not met a Payment Milestone in accordance with the Payment Milestone Schedule during the applicable period, Owner may withhold an amount equal to the value of the Payment Milestone not completed until such Payment Milestone is completed. In the event of any such withholding, the dissatisfied Owner shall deliver to Contractor, not later than the Payment Due Date for the payment from which such withholding is being made, a written Notice specifying the basis for the withholding. Contractor shall be paid such withheld amount, without interest, on succeeding Payment Date(s) when and to the extent Contractor demonstrates and Owner reasonably agrees that the previously unjustified payment has become justified. If the disputing Owner and Contractor agree before the next Payment Due Date that any Payment Milestone payment was wrongly withheld, then the disputing Owner shall pay to Contractor on the next Payment Due Date interest at the Late Payment Rate on any monies that were wrongly withheld. In the event of any withholding dispute that is not resolved by the next Payment Due Date, Contractor shall have the right to have the PM/CM review the dispute and the disputing Owner’s reasons for withholding payment. If the PM/CM concludes the withholding is justified, then Contractor shall not be entitled to be paid the withheld amount unless and until it addresses any reasons for withholding that are confirmed by the PM/CM. If the PM/CM concludes that the withheld payment was wrongly withheld, then the withholding Owner shall immediately pay to Contractor, the wrongly withheld amount, together with interest at the Late Payment Rate on the withheld Payment Milestone payment(s), from the Payment Due Date until the wrongly withheld amount is paid in full. 9.1.1.3 In the event Contractor owes Owner any amounts under this Agreement and such amounts remain unpaid 30 Days after Notice thereof, Owner may offset such amounts from any payment hereunder. 9.1.1.4 Contractor shall not cease or reduce the rate of its performance under this Agreement on account of any withholding under this Section 9.1.

Progress Report and Invoice. 9.1.1.1 On or about the fifth tenth Business Day of each calendar month, Contractor shall submit to Owner Owners (i) its invoice, and (ii) a progress report covering the previous calendar month (the “Payment Period”) containing at a minimum the following information (“Progress Report”): (1) A description of the Work performed during the Payment Period and all Payment Milestones achievedachieved including any Advance paid to Contractor pursuant to the Grid Note as applicable; (2) A description of the Work not yet performed, if any, necessary to meet the Project Schedule for such Payment Period; (3) A description of the Work and the related Payment Milestones anticipated to be performed or achieved during the next month; (4) A statement of the amount due Contractor for Work for which payment was withheld from an earlier payment; (5) A statement of all sums previously paid to Contractor, including any Advance paid to Contractor pursuant to the Grid Note; (6) Partial lien waivers from Contractor covering all the Work through the immediately preceding Payment Period; (7) An updated Project Schedule showing progress to date, any failures to meet the Project Schedule, the current schedule of activities and a forecast of activities remaining to be performed; (8) Information regarding unusual weather conditions or Force Majeure events encountered during the Payment Period that have affected the Work; (9) A discussion of any problems encountered during the period and the remedies effected or planned; (10) Bulk quantities installation curves showing planned versus completed quantities (e.g., concrete, , piping, conduit and wire); (11) Any interim payment by Contractor to the Subcontractors that obligates Owner Owners to pay interest at the Late Payment Rate to Contractor as part of the invoiced Milestone Payment, together with the amount of interest that is payable; (12) Any other information reasonably requested in writing by either Owner; (13) Value of Change Orders and Addendums added to the Payment Milestone Schedule; (14) Itemization and allocation of any Excluded GMP EPC Costs; and (15) If requested by Owner: a) the dates of any Payment Milestones for Major Equipment Supplier contract payments coming due before the next monthly Payment Due Date; and b) Contractor’s good faith estimate of all payroll and other Subcontractor and Supplier payments (together with the estimated payment dates) that Owner Owners will need to make, prior to the next monthly Payment Due Date to avoid or minimize interest charges; (16) A statement of the amount of any Sales Tax Savings for the period and the cumulative Sales Tax Savings for the Project associated with sales or other tax exemptions; and (17) A statement of the amount of any Interconnection Adjustment. The invoice and progress report shall be reviewed and approved by Owners or Owners’ PCO or other representative. 9.1.1.2 In the event either Owner Owners reasonably determines determine that Contractor has not met a Payment Milestone in accordance with the Payment Milestone Schedule during the applicable period, Owner Owners may withhold an amount equal to the value of the Payment Milestone not completed until such Payment Milestone is completed. In the event of any such withholding, the dissatisfied Owner Owners shall deliver to Contractor, not later than the Payment Due Date for the payment from which such withholding is being made, a written Notice specifying the basis for the withholding. Contractor shall be paid such withheld amount, without interest, on succeeding Payment Date(s) when and to the extent Contractor demonstrates and Owner Owners reasonably agrees agree that the previously unjustified payment has become justified. If the disputing Owner Owners and Contractor agree before the next Payment Due Date that any Payment Milestone payment was wrongly withheld, then the disputing Owner Owners shall pay to Contractor the withheld amount on the next Payment Due Date with interest at the Late Payment Rate on any monies that were wrongly withheld. In the event of any withholding dispute that is not resolved by the next Payment Due Date, Contractor shall have the right to have the PM/CM Owner’s PCO review the dispute and the disputing Owner’s reasons for withholding payment. If the PM/CM Owner’s PCO concludes the withholding is justified, then Contractor shall not be entitled to be paid the withheld amount unless and until it addresses any reasons for withholding that are confirmed by the PM/CM. If the PM/CM concludes that the withheld payment was wrongly withheld, then the withholding Owner Owners shall immediately pay to Contractor, the wrongly withheld amount, together with interest at the Late Payment Rate on the withheld Payment Milestone payment(s), from the Payment Due Date until the wrongly withheld amount is paid in full. 9.1.1.3 In the event Contractor owes Owner Owners any amounts under this Agreement and such amounts remain unpaid 30 Days days after Notice thereof, Owner Owners may offset such amounts from any payment that Owners owe to Contractor hereunder. 9.1.1.4 Contractor shall not cease or reduce the rate of delay its performance of the Work under this Agreement on account of any withholding under this Section 9.1.

Progress Report and Invoice. 9.1.1.1 On or about the fifth Business Day of each calendar month, Contractor MGE Construct shall submit to Owner both Owners (i) its invoice, and (ii) a progress report covering the previous calendar month (the “Payment Period”) containing at a minimum the following information (“Progress Report”): ): (1) A description of the Work performed during the Payment Period and all Payment Milestones achieved; ; (2) A description of the Work not yet performed, if any, necessary to meet the Project Schedule for such Payment Period; ; (3) A description of the Work and the related Payment Milestones anticipated to be performed or achieved during the next month; ; (4) A statement of the amount due Contractor MGE Construct for Work for which payment was withheld from an earlier payment; ; (5) A statement of all sums previously paid to Contractor; MGE Construct; (6) Partial lien waivers from Contractor MGE Construct covering all the Work through the immediately preceding Payment Period; ; (7) An updated Project Schedule showing progress to date, any failures to meet the Project Schedule, the current schedule of activities and a forecast of activities remaining to be performed; ; (8) Information regarding unusual weather conditions or Force Majeure events encountered during the Payment Period that have affected impacted the Work; ; (9) A discussion of any problems encountered during the period and the remedies effected or planned; ; (10) Bulk quantities installation curves showing planned versus completed quantities (e.g., concrete, steel, piping, conduit and wire); ; (11) Any interim payment by Contractor MGE Construct to the Subcontractors that obligates Owner the State to pay interest to Contractor MGE Construct as part of the invoiced Milestone Payment, together with the amount of interest that is payable; ; (12) Any other information reasonably requested in writing by either Owner; ; (13) Value of Change Orders and Addendums added to the Payment Milestone Schedule; ; (14) Itemization and allocation of any Excluded GMP Costs; and ; (15) Each Owner’s Allocated Share of the invoiced payment amount; and (16) If requested by Owner: the State: a) the dates of any Payment Milestones for Major Equipment Supplier contract payments coming due before the next monthly Payment Due Date; and and b) ContractorMGE Construct’s good faith estimate of the State’s Allocated Share of all payroll and other Subcontractor and Supplier payments (together with the estimated payment dates) that Owner the State will need to make, prior to the next monthly Payment Due Date to avoid or minimize interest charges. 9.1.1.2 In the event either Owner reasonably determines that Contractor MGE Construct has not met a Payment Milestone in accordance with the Payment Milestone Schedule during the applicable period, Owner Owners may withhold an amount equal to the value of the Payment Milestone not completed until such Payment Milestone is completed. In the event of any such withholding, the dissatisfied Owner shall deliver to ContractorMGE Construct, not later than the Payment Due Date for the payment from which such withholding is being made, a written Notice specifying the basis for the withholding. Contractor MGE Construct shall be paid such withheld amount, without interest, on succeeding Payment Date(s) when and to the extent Contractor MGE Construct demonstrates and Owner Owners reasonably agrees agree that the previously unjustified payment has become justified. If the disputing Owner and Contractor MGE Construct agree before the next Payment Due Date that any Payment Milestone payment was wrongly withheld, then the disputing Owner shall pay to Contractor MGE Construct on the next Payment Due Date interest at the Late Payment Rate on any monies that were wrongly withheld. In the event of any withholding dispute that is not resolved by the next Payment Due Date, Contractor MGE Construct shall have the right to have the PM/CM review the dispute and the disputing Owner’s reasons for withholding payment. If the PM/CM concludes the withholding is justified, then Contractor MGE Construct shall not be entitled to be paid the withheld amount unless and until it addresses any reasons for withholding that are confirmed by the PM/CM. If the PM/CM concludes that the withheld payment was wrongly withheld, then the withholding Owner shall immediately pay to ContractorMGE Construct, the wrongly withheld amount, together with interest at the Late Payment Rate on the withheld Payment Milestone payment(s), from the Payment Due Date until the wrongly withheld amount is paid in full. 9.1.1.3 In the event Contractor MGE Construct owes either Owner any amounts under this Agreement and such amounts remain unpaid 30 thirty (30) Days after Notice thereof, such Owner may offset such amounts from any payment hereunder. 9.1.1.4 Contractor MGE Construct shall not cease or reduce the rate of its performance under this Agreement on account of any withholding under this Section 9.1.

Progress Report and Invoice. 9.1.1.1 On or about the fifth Business Day of each calendar month, Contractor shall submit to Owner based on the Payment Milestone Schedule (Schedule IV) (i) its invoice, and (ii) a progress report covering the previous calendar month (the “Payment Period”) containing at a minimum the following information (“Progress Report”): (1) A description of the Work performed during the Payment Period and all Payment Milestones achieved; (2) A description of the Work not yet performed, if any, necessary to meet the Project Schedule for such Payment Period; (3) A description of the Work and the related Payment Milestones anticipated to be performed or achieved during the next month; (4) A statement of the amount due Contractor for Work for which payment was withheld from an earlier payment; (5) A statement of all sums previously paid to Contractor; (6) Partial lien waivers from Contractor covering all the Work through the immediately preceding Payment Period; (7) An updated Project Schedule showing progress to date, any failures to meet the Project Schedule, the current schedule of activities and a forecast of activities remaining to be performed; (8) Information regarding unusual weather conditions or Force Majeure events encountered during the Payment Period that have affected the Work; (9) A discussion of any problems encountered during the period and the remedies effected or planned; (10) Bulk quantities installation curves showing planned versus completed quantities (e.g., concrete, , piping, conduit and wire); (11) Any interim payment by Contractor to the Subcontractors that obligates Owner to pay interest to Contractor as part of the invoiced Milestone Payment, together with the amount of interest that is payable; (12) Any other information reasonably requested in writing by either Owner; (13) Value of Change Orders and Addendums added to the Payment Milestone Schedule; (14) Itemization and allocation of any Excluded GMP EPC Costs; and (15) If requested by Owner: a) the dates of any Payment Milestones for Major Equipment Supplier contract payments coming due before the next monthly Payment Due Date; and b) Contractor’s good faith estimate of all payroll and other Subcontractor and Supplier payments (together with the estimated payment dates) that Owner will need to make, prior to the next monthly Payment Due Date to avoid or minimize interest charges. Notwithstanding anything contained in this Agreement to the contrary, Contractor hxxxxx agrees and acknowledges that Owner has the right to pay directly to Subcontractors and Suppliers upon Contractor’s instructions and approval with respect to such payments. 9.1.1.2 In the event either Owner reasonably determines that Contractor has not met a Payment Milestone in accordance with the Payment Milestone Schedule during the applicable period, Owner may withhold an amount equal to the value of the Payment Milestone not completed until such Payment Milestone is completed. In the event of any such withholding, the dissatisfied Owner shall deliver to Contractor, not later than the Payment Due Date for the payment from which such withholding is being made, a written Notice specifying the basis for the withholding. Contractor shall be paid such withheld amount, without interest, on succeeding Payment Date(s) when and to the extent Contractor demonstrates and Owner reasonably agrees that the previously unjustified payment has become justified. If the disputing Owner and Contractor agree before the next Payment Due Date that any Payment Milestone payment was wrongly withheld, then the disputing Owner shall pay to Contractor on the next Payment Due Date interest at the Late Payment Rate on any monies that were wrongly withheld. In the event of any withholding dispute that is not resolved by the next Payment Due Date, Contractor shall have the right to have the PM/CM review the dispute and the disputing Owner’s reasons for withholding payment. If the PM/CM concludes the withholding is justified, then Contractor shall not be entitled to be paid the withheld amount unless and until it addresses any reasons for withholding that are confirmed by the PM/CM. If the PM/CM concludes that the withheld payment was wrongly withheld, then the withholding Owner shall immediately pay to Contractor, the wrongly withheld amount, together with interest at the Late Payment Rate on the withheld Payment Milestone payment(s), from the Payment Due Date until the wrongly withheld amount is paid in full. 9.1.1.3 In the event Contractor owes Owner any amounts under this Agreement and such amounts remain unpaid 30 Days after Notice thereof, Owner may offset such amounts from any payment hereunder. 9.1.1.4 Contractor shall not cease or reduce the rate of its performance under this Agreement on account of any withholding under this Section 9.1.