Prompt Payment of Subcontractors Sample Clauses

Prompt Payment of Subcontractors. In accordance with the Texas Prompt Payment Act, Contractor shall make timely payments to all persons and entities supplying labor, materials, or equipment for the performance of this Agreement. CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY FROM ANY CLAIMS OR LIABILITY ARISING OUT OF CONTRACTOR’S FAILURE TO MAKE THESE PAYMENTS.

Prompt Payment of Subcontractors. In accordance with the Texas Prompt Payment Act, Contractor shall make timely payments to all persons and entities supplying labor, materials, or equipment for the performance of this Agreement. CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY FROM ANY CLAIMS OR LIABILITY ARISING OUT OF CONTRACTOR’S FAILURE TO MAKE THESE PAYMENTS REGARDLESS OF WHETHER THE FAILURE TO PAY IS CAUSED BY, OR CONTRIBUTED TO, IN WHOLE OR IN PART, THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), OR GROSS NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT), STRICT LIABILITY, INTENTIONAL ACTS, OR OTHER CONDUCT OR LIABILITY OF THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES. Failure of Contractor to pay its employees as required by law shall constitute a default under this Agreement.

Prompt Payment of Subcontractors. 15.1 The Contractor shall ensure that all subcontractors, including MBE subcontractors, are promptly paid any undisputed amount to which the subcontractor is entitled. An undisputed amount is an amount owed by a contractor to a subcontractor for which there is no good faith dispute, including any retainage withheld, and includes an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 15.2 If the Contractor withholds payment of an undisputed amount to its subcontractors, the Department, may, at its sole option and discretion: a) refuse to process further payments to the Contractor until payment to the subcontractor is verified; b) suspend all or some of the contract work without affecting the completion date(s) for the contract work; c) pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d) place a payment for an undisputed amount in an interest-bearing escrow account; or e) take other or further actions as appropriate to resolve the withheld payment dispute. 15.3 Upon completion of the Contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from MBE subcontractors. 15.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to subcontractors that have contracted pursuant to the MBE program. 15.5 To ensure compliance with certified MBE subcontract participation goals, and to monitor compliance with the terms of the contract, the Department shall take action to remedy noncompliance consistent with COMAR 21.11.03.13. 15.6 An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and subcontractor under Section 15 herein, may not affect the rights of the contracting parties under any other provision of law, be used as evidence on the merits of a dispute between the Department and the Contractor in any other proceeding, or result in liability against or prejudice the rights of the Department.

Prompt Payment of Subcontractors. ENGIE Services U.S. will promptly pay, when due, all amounts payable for labor and materials furnished in the performance of this Contract and will endeavor to prevent any lien or other claim under any provision of Applicable Law from arising against any District property, against ENGIE Services U.S.’s rights to payments hereunder, or against District.

Prompt Payment of Subcontractors. 8.1 Consultant shall pay its subcontractors for satisfactory performance of their contracts no later than fifteen (15) calendar days from receipt of each payment received by Consultant from ATL. 8.2 Failure to comply with the terms and conditions of this Article shall constitute a breach of contract and further payments for any work performed may be withheld until such time as corrective action is taken. Consultant shall be responsible for any corrective action required by ATL at the time of final inspection. If Consultant fails to take corrective action, ATL reserves the right to terminate the contract. 8.3 Any delay or postponement of payment among Consultant and its subcontractors may take place only for good cause, with prior written approval from ATL. 8.4 All subcontract agreements between Consultant and subcontractors shall be in writing and shall contain all of the federal requirements and pertinent provisions of the prime contract. 8.5 Consultant is required to return any and all retainage payments to its subcontractors within thirty (30) calendar days after the subcontractor’s work related to this Contract is satisfactorily completed. ATL discourages Consultant from withholding retainage from its subcontractors.

Prompt Payment of Subcontractors. ‌ 4.3.1 If the Consultant withholds payment of an undisputed amount to its subcontractor, MSA, at its option and in its sole discretion, may take one or more of the following actions: (a) Not process further payments to the Consultant until payment to the subcontractor is verified; (b) Suspend all or some of the contract work without affecting the completion date(s) for the contract work; (c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; (d) Place a payment for an undisputed amount in an interest-bearing, escrow account; or (e) Take other or further actions as appropriate to resolve the withheld payment. 4.3.2 An "undisputed amount" means an amount owed by the Consultant to a subcontractor for which there is no good faith dispute. Such "undisputed amounts" include, without limitation; (a) Retainage which had been withheld and is, by the terms of the agreement between the Consultant and subcontractor, due to be distributed to the subcontractor; and (b) An amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 4.3.3 An act, failure to act, or decision of a Procurement Officer or a representative of MSA, concerning a withheld payment between the Consultant and a subcontractor under this provision, may not: (a) Affect the rights of the contracting parties under any other provision of law; (b) Be used as evidence on the merits of a dispute between MSA and the contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of MSA. 4.3.4 The remedies enumerated above are in addition to those provided under COMAR

Prompt Payment of Subcontractors. 15.1 The Contractor shall ensure that all subcontractors, including MBE subcontractors, are promptly paid any undisputed amount to which the subcontractor is entitled. An undisputed amount is an amount owed by a contractor to a subcontractor for which there is no good faith dispute, including any retainage withheld, and includes an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 15.2 If the Contractor withholds payment of an undisputed amount to its subcontractors, the Department, may, at its sole option and discretion: a) refuse to process further payments to the Contractor until payment to the subcontractor is verified; b) suspend all or some of the contract work without affecting the completion date(s) for the contract work; c) pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; d) place a payment for an undisputed amount in an interest-bearing escrow account; or e) take other or further actions as appropriate to resolve the withheld payment. 15.3 Upon completion of the contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from MBE subcontractors. 15.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.

Prompt Payment of Subcontractors. The CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY. The CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

Prompt Payment of Subcontractors. Contractor will promptly pay, when due, all amounts payable for labor and materials furnished in the performance of the Agreement and will endeavor to prevent any lien or other claim under any provision of Applicable Law from arising against any District property, against Contractor’s rights to payments hereunder, or against District.

Prompt Payment of Subcontractors. Contractor shall promptly pay subcontractors as required by the Contract.