Common use of Prompt Progress Payment to Subconsultants Clause in Contracts

Prompt Progress Payment to Subconsultants. If this AGREEMENT is subject to Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors, CONSULTANT agrees that not later than seven (7) calendar days after receipt of payment from ALAMEDA CTC, CONSULTANT shall pay to its subconsultants all amounts due from such payment, unless otherwise agreed to in writing. In any event, whether or not Section 7108.5 is applicable, CONSULTANT shall pay its subconsultants all amounts due within the ten (10)-day period set forth in Article I, Section A, Paragraph 4. Any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with ALAMEDA CTC’s prior written approval. Any violation of Section 7108.5 shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient subconsultant performance, and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Prompt Progress Payment to Subconsultants. If this AGREEMENT is subject to Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors, CONSULTANT agrees that not later than seven (7) calendar days after receipt of payment from ALAMEDA CTC, CONSULTANT shall pay to its subconsultants all amounts due from such payment, unless otherwise agreed to in writing. In any event, whether or not Section 7108.5 is applicable, CONSULTANT shall pay its subconsultants all amounts due within the ten (10)-day period set forth in Article I, Section A, Paragraph 4. Any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with ALAMEDA CTC’s prior written approval. Any violation of Section 7108.5 shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient subconsultant performance, and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.