Requisitions. 23.1 Subject to the terms of this Demolition Agreement, Owner will pay (i) eighty-five percent (85%) of the Contract Price for each Project after Substantial Completion of the applicable Project, and (ii) the Final Holdback for each Project after Final Completion of the applicable Project. To this end, Contractor shall submit all Requisitions to Owner (with copies to Owner's project manager). Contractor shall submit to Owner with each Requisition: (a) the Line Item Breakdown, annotated to reflect all Work actually completed to date; (b) a partial Waiver of Lien from Contractor and every Subcontractor covering all payments by Owner pursuant to previous Requisitions; (c) a detailed summary of all Change Orders approved and/or requested to date; (d) if applicable, a verified statement setting forth the information required under Section 220-a of the New York State Labor Law; (e) original payrolls or transcripts thereof, subscribed and affirmed by Contractor as true; and (f) any other certification, reports, documentation or information relating to the Work or the Contract Documents which Owner reasonably requests or are required by Law. 23.2 Within thirty (30) days after receipt of a Requisition satisfactory to Owner pursuant to Section 23.1, Owner will approve or disapprove all or a portion of such Requisition. If Owner disapproves all or a portion of the Requisition, Owner will deliver a written statement of any disapproved amounts pursuant to Section 24.3. 23.3 Owner may withhold payment of all or any portion of a Requisition for the reasons set forth in Sections 24.2 and 24.3 below. However, if, in Owner’s reasonable judgment, other grounds for withholding payment do not concurrently exist, Owner will pay any portion(s) of the Requisition not then in dispute within thirty (30) days of Owner’s approval of all or the applicable portion of the Requisition. 23.4 With respect to the portion, if any, of the Requisition which Owner has disapproved, Contractor shall immediately undertake all corrective or other action required by Owner and shall continue to prosecute the Work expeditiously in accordance with the Contract Documents. If and when Owner's grounds for withholding payment are removed by judicial determination final beyond appeal, expiration of an applicable limitation period, or written agreement between Owner and Contractor, Owner shall pay Contractor the amount so withheld, less any other amounts still subject to withholding under Sections 24.2 and 24.3. 23.5 If Owner receives notice (or otherwise has good reason to believe) that Contractor has failed to pay any Subcontractor an amount due to such Subcontractor from funds previously paid by Owner to Contractor (i.e., where the funds due to such Subcontractor were covered by a Requisition previously paid by Owner), upon demand from Owner, Contractor shall immediately pay the amount due to such Subcontractor or (if Owner so specifies) shall return such funds to Owner with interest at the legal rate from the date when due. In such event, also, Owner may elect, upon three days' written notice to Contractor, thereafter to issue payments directly to any or all Subcontractors and deduct any and all such payments (including interest thereon) from any amounts due from Owner to Contractor pursuant to this Contract. 23.6 Whenever requested, Contractor shall submit to Owner a sworn statement, in form and accompanied by documents satisfactory to Owner, accounting for the disbursement of funds received from Owner. No payment by Owner shall relieve Contractor of any of Contractor's obligations under this Demolition Agreement. 23.7 If at any time, taking into account any amounts which Owner is entitled to withhold and retain under the Contract Documents, Owner has made payments to Contractor which exceed the aggregate amount then due Contractor under the Contract Documents, Contractor shall repay the excess to Owner upon demand (or Owner may, in its discretion, offset the amount of such payment against amounts due Contractor under Contractor's pending or future Requisitions).
Appears in 2 contracts
Samples: Demolition Agreement, Demolition Agreement
Requisitions. 23.1 Subject Provided that the title to the terms of Property is good and free from all encumbrances, except the Permitted Encumbrances and save as otherwise set out in this Demolition Agreement, Owner will pay (i) eighty-five percent (85%) the Vendor shall notify the Purchaser or the Purchaser's Solicitors within a reasonable period of time after the registration of the Contract Price for each Project after Substantial Completion of Condominium Documents (the applicable Project, "Notification Date") and the Purchaser is to be allowed ten (ii) the Final Holdback for each Project after Final Completion of the applicable Project. To this end, Contractor shall submit all Requisitions to Owner (with copies to Owner's project manager). Contractor shall submit to Owner with each Requisition:
(a) the Line Item Breakdown, annotated to reflect all Work actually completed to date;
(b) a partial Waiver of Lien from Contractor and every Subcontractor covering all payments by Owner pursuant to previous Requisitions;
(c) a detailed summary of all Change Orders approved and/or requested to date;
(d) if applicable, a verified statement setting forth the information required under Section 220-a of the New York State Labor Law;
(e) original payrolls or transcripts thereof, subscribed and affirmed by Contractor as true; and
(f) any other certification, reports, documentation or information relating to the Work or the Contract Documents which Owner reasonably requests or are required by Law.
23.2 Within thirty (3010) days after receipt the Notification Date to examine the title to the Property at his/her own expense, and shall not call for the production of a Requisition satisfactory to Owner pursuant to Section 23.1any surveys, Owner will approve title deeds, abstracts of title, grading certificates, occupancy permits or disapprove all certificates, nor any other proof or a portion evidence of such Requisitionthe title or occupiability of the Property. If Owner disapproves within the aforementioned time period the Purchaser furnishes the Vendor in writing with any valid objection to title which the Vendor shall be unable or unwilling to remove, or which is not capable of being covered by title insurance at the Purchaser's cost, and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intervening acts or negotiations, be null and void, and all or a portion of the Requisition, Owner will deliver a written statement of any disapproved amounts pursuant to Section 24.3.
23.3 Owner may withhold payment of all or any portion of a Requisition for the reasons set forth in Sections 24.2 and 24.3 below. However, if, in Owner’s reasonable judgment, other grounds for withholding payment do not concurrently exist, Owner will pay any portion(s) of the Requisition not then in dispute within thirty (30) days of Owner’s approval of all or the applicable portion of the Requisition.
23.4 With respect deposit monies theretofore paid shall be returned to the portionPurchaser with interest, if any, of the Requisition which Owner has disapproved, Contractor shall immediately undertake all corrective or other action required by Owner and shall continue to prosecute the Work expeditiously in accordance with the Contract Documents. If and when Owner's grounds for withholding payment are removed by judicial determination final beyond appeal, expiration of an applicable limitation period, or written agreement between Owner and Contractor, Owner shall pay Contractor the amount so withheld, less any other amounts still subject to withholding under Sections 24.2 and 24.3.
23.5 If Owner receives notice (or otherwise has good reason to believe) that Contractor has failed to pay any Subcontractor an amount due to such Subcontractor from funds previously paid by Owner to Contractor (i.e., where the funds due to such Subcontractor were covered by a Requisition previously paid by Owner), upon demand from Owner, Contractor shall immediately pay the amount due to such Subcontractor or (if Owner so specifies) shall return such funds to Owner with interest at the legal rate from the date when dueof termination, at the rate prescribed under the Act, save for deductions for any extras ordered by the Purchaser from the Vendor and then unpaid and a reasonable sum for the cost of repairing and cleaning the Property as a result of the Purchaser occupying the Property during the Interim Occupancy Period, and the Vendor shall have no further liability or obligation hereunder and shall not be liable for any costs or damages thereby. In such event, also, Owner may elect, upon three days' written notice to Contractor, thereafter to issue payments directly Save as to any or all Subcontractors and deduct any and all valid objection so made within such payments (including interest thereon) from any amounts due from Owner to Contractor pursuant to this Contract.
23.6 Whenever requested, Contractor shall submit to Owner a sworn statement, in form and accompanied by documents satisfactory to Owner, accounting for the disbursement of funds received from Owner. No payment by Owner shall relieve Contractor of any of Contractor's obligations under this Demolition Agreement.
23.7 If at any time, taking into account the Purchaser shall be conclusively deemed to have accepted the title to the Property. Notwithstanding anything contained in this Agreement or in the Act or any amounts which Owner other applicable legislation, where any encumbrance is entitled registered on title and a discharge, or release thereof is tendered for registration, the same shall be deemed to withhold have been discharged for all purposes on acceptance for registration, notwithstanding that the relevant registers have not yet been certified to reflect such registration. The Purchaser acknowledges that the Vendor may respond to requisitions by a standard title memo or title insurance binder (if the Vendor elects to provide title insurance) and retain under the Contract Documentssame shall be deemed to be a satisfactory manner of response. Notwithstanding anything herein contained and notwithstanding the provisions of the Act or any successor legislation, Owner or of the Land Titles Act (Ontario), R.S.O. 1990 (the "LTA") and any amendments thereto, or any successor legislation, where any mortgages, charges, debentures or trust deeds are registered on title and where discharges, cessations, partial discharges or partial cessations are tendered for registration in the appropriate Land Registry Office, such mortgages, charges, debentures or trust deeds shall be deemed to be discharged for all purposes once the discharges, cessations, partial discharges or partial cessations have been accepted for registration, notwithstanding that the parcel register or the condominium register has made payments not been signed to Contractor which exceed reflect such registration and notwithstanding any statutory terms to the aggregate amount then due Contractor under contrary as contained in the Contract DocumentsLTA, Contractor shall repay as amended and any successor legislation or the excess to Owner upon demand (Act or Owner may, in its discretion, offset the amount of such payment against amounts due Contractor under Contractor's pending or future Requisitions)any successor legislation.
Appears in 2 contracts
Samples: Condominium Agreement of Purchase and Sale, Condominium Agreement of Purchase and Sale
Requisitions. 23.1 Subject to the terms of this Demolition AgreementSection 3.4(c) below, Owner will Landlord shall pay Landlord’s Proportion (i) eighty-five percent (85%hereinafter defined) of the Contract Price for cost shown on each Project after Substantial Completion of the applicable Project, and requisition (iihereinafter defined) the Final Holdback for each Project after Final Completion of the applicable Project. To this end, Contractor shall submit all Requisitions submitted by Tenant to Owner (with copies to Owner's project manager). Contractor shall submit to Owner with each Requisition:
(a) the Line Item Breakdown, annotated to reflect all Work actually completed to date;
(b) a partial Waiver of Lien from Contractor and every Subcontractor covering all payments by Owner pursuant to previous Requisitions;
(c) a detailed summary of all Change Orders approved and/or requested to date;
(d) if applicable, a verified statement setting forth the information required under Section 220-a of the New York State Labor Law;
(e) original payrolls or transcripts thereof, subscribed and affirmed by Contractor as true; and
(f) any other certification, reports, documentation or information relating to the Work or the Contract Documents which Owner reasonably requests or are required by Law.
23.2 Within thirty (30) days after receipt of a Requisition satisfactory to Owner pursuant to Section 23.1, Owner will approve or disapprove all or a portion of such Requisition. If Owner disapproves all or a portion of the Requisition, Owner will deliver a written statement of any disapproved amounts pursuant to Section 24.3.
23.3 Owner may withhold payment of all or any portion of a Requisition for the reasons set forth in Sections 24.2 and 24.3 below. However, if, in Owner’s reasonable judgment, other grounds for withholding payment do not concurrently exist, Owner will pay any portion(s) of the Requisition not then in dispute Landlord within thirty (30) days of Ownersubmission thereof by Tenant to Landlord until the entirety of Landlord’s approval Contribution has been exhausted. “Landlord’s Proportion” shall be a fraction, the numerator of which is Xxxxxxxx’s Contribution and the denominator of which is the total price for all of Tenant’s Work for the Premises (as evidenced by reasonably detailed documentation, including without limitation copies of all contracts therefor, delivered to Landlord with the requisition first submitted by Tenant), but in no event greater than one (1). A “requisition” shall mean written documentation (including, without limitation, invoices or the bills from Tenant’s contractors, vendors, service providers and consultants (collectively, “Contractors”) and partial lien waivers and subordinations of lien in statutory form, as specified in M.G.L. Chapter 254, Section 32 for applicable portion of the Requisition.
23.4 With contractors and service providers (“Lien Waivers”) with respect to the portionprior month’s requisition, if any, and such other documentation as Landlord or any Mortgagee may reasonably request) showing in reasonable detail the costs of the Requisition which Owner has disapproveditem in question or of the improvements installed to date in the Premises, Contractor shall immediately undertake all corrective accompanied by reasonable evidence (including certifications executed by Tenant or other action required by Owner and shall continue to prosecute the Work expeditiously in accordance with the Contract Documents. If and when Owner's grounds for withholding payment are removed by judicial determination final beyond appealXxxxxx’s architect, expiration of an applicable limitation period, or written agreement between Owner and Contractor, Owner shall pay Contractor the amount so withheld, less any other amounts still subject to withholding under Sections 24.2 and 24.3.
23.5 If Owner receives notice (or otherwise has good reason to believethe architect’s standard of care) that Contractor has failed to pay any Subcontractor an amount due to such Subcontractor from funds previously paid by Owner to Contractor (i.e., where the funds due to such Subcontractor were covered by a Requisition previously paid by Owner), upon demand from Owner, Contractor shall immediately pay the amount due to such Subcontractor or (if Owner so specifies) shall return such funds to Owner with interest at the legal rate from the date when due. In such event, also, Owner may elect, upon three days' written notice to Contractor, thereafter to issue payments directly to any or all Subcontractors and deduct any and all such payments (including interest thereon) from any amounts due from Owner to Contractor pursuant to this Contract.
23.6 Whenever requested, Contractor shall submit to Owner a sworn statement, in form and accompanied by documents satisfactory to Owner, accounting for the disbursement of funds received from Owner. No payment by Owner shall relieve Contractor of any of Contractor's obligations under this Demolition Agreement.
23.7 If at any time, taking into account any amounts which Owner is entitled to withhold and retain under the Contract Documents, Owner has made payments to Contractor which exceed the aggregate amount then due Contractor under the Contract Documents, Contractor shall repay the excess to Owner upon demand (or Owner may, in its discretion, offset the amount of the requisition in question does not exceed the cost of the items, services and work covered by such requisition. Notwithstanding the foregoing, Tenant shall not be required to deliver Lien Waivers at the time of the first requisition, but shall deliver the Lien Waivers and evidence of payment against amounts due Contractor under Contractor's pending or future Requisitions)of the first requisition in full within five (5) days following payment of Landlord’s Contribution with respect to such first requisition. Landlord shall have the right, upon reasonable advance notice to Tenant, to inspect Tenant’s books and records relating to each requisition in order to verify the amount thereof. Tenant shall submit requisition(s) no more often than monthly.
Appears in 2 contracts
Samples: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)
Requisitions. 23.1 Subject to the terms of this Demolition AgreementSection 3.3(c) below, Owner will Landlord shall pay Landlord’s Proportion (i) eighty-five percent (85%hereinafter defined) of the Contract Price for cost shown on each Project after Substantial Completion of the applicable Project, and requisition (iihereinafter defined) the Final Holdback for each Project after Final Completion of the applicable Project. To this end, Contractor shall submit all Requisitions submitted by Tenant to Owner (with copies to Owner's project manager). Contractor shall submit to Owner with each Requisition:
(a) the Line Item Breakdown, annotated to reflect all Work actually completed to date;
(b) a partial Waiver of Lien from Contractor and every Subcontractor covering all payments by Owner pursuant to previous Requisitions;
(c) a detailed summary of all Change Orders approved and/or requested to date;
(d) if applicable, a verified statement setting forth the information required under Section 220-a of the New York State Labor Law;
(e) original payrolls or transcripts thereof, subscribed and affirmed by Contractor as true; and
(f) any other certification, reports, documentation or information relating to the Work or the Contract Documents which Owner reasonably requests or are required by Law.
23.2 Within thirty (30) days after receipt of a Requisition satisfactory to Owner pursuant to Section 23.1, Owner will approve or disapprove all or a portion of such Requisition. If Owner disapproves all or a portion of the Requisition, Owner will deliver a written statement of any disapproved amounts pursuant to Section 24.3.
23.3 Owner may withhold payment of all or any portion of a Requisition for the reasons set forth in Sections 24.2 and 24.3 below. However, if, in Owner’s reasonable judgment, other grounds for withholding payment do not concurrently exist, Owner will pay any portion(s) of the Requisition not then in dispute Landlord within thirty (30) days of Ownersubmission thereof by Tenant to Landlord until the entirety of Landlord’s approval Contribution has been exhausted. “Landlord’s Proportion” shall be a fraction, the numerator of all or which is Landlord’s Contribution and the applicable portion denominator of which is the Requisition.
23.4 With total contract price for Tenant’s Work for the Premises (as evidenced by reasonably detailed documentation delivered to Landlord with the requisition first submitted by Tenant). A “requisition” shall mean written documentation (including, without limitation, invoices from Tenant’s contractors, vendors, service providers and consultants (collectively, “Contractors”) and partial lien waivers and subordinations of lien, as specified in M.G.L. Chapter 254, Section 32 (“Lien Waivers”) with respect to the portionprior month’s requisition, if any, and such other documentation as Landlord or any Mortgagee may reasonably request) showing in reasonable detail the costs of the Requisition which Owner has disapproveditem in question or of the improvements installed to date in the Premises, Contractor shall immediately undertake all corrective or other action required accompanied by Owner and shall continue to prosecute certifications executed by the Work expeditiously in accordance with the Contract Documents. If and when Owner's grounds for withholding payment are removed by judicial determination final beyond appealChief Executive Officer, expiration of an applicable limitation periodChief Financial Officer, Chief Operations Officer, or written agreement between Owner and Contractor, Owner shall pay Contractor the amount so withheld, less any other amounts still subject to withholding under Sections 24.2 and 24.3.
23.5 If Owner receives notice (or otherwise has good reason to believe) Vice President of Tenant that Contractor has failed to pay any Subcontractor an amount due to such Subcontractor from funds previously paid by Owner to Contractor (i.e., where the funds due to such Subcontractor were covered by a Requisition previously paid by Owner), upon demand from Owner, Contractor shall immediately pay the amount due to such Subcontractor or (if Owner so specifies) shall return such funds to Owner with interest at the legal rate from the date when due. In such event, also, Owner may elect, upon three days' written notice to Contractor, thereafter to issue payments directly to any or all Subcontractors and deduct any and all such payments (including interest thereon) from any amounts due from Owner to Contractor pursuant to this Contract.
23.6 Whenever requested, Contractor shall submit to Owner a sworn statement, in form and accompanied by documents satisfactory to Owner, accounting for the disbursement of funds received from Owner. No payment by Owner shall relieve Contractor of any of Contractor's obligations under this Demolition Agreement.
23.7 If at any time, taking into account any amounts which Owner is entitled to withhold and retain under the Contract Documents, Owner has made payments to Contractor which exceed the aggregate amount then due Contractor under the Contract Documents, Contractor shall repay the excess to Owner upon demand (or Owner may, in its discretion, offset the amount of the requisition in question does not exceed the cost of the items, services and work covered by such requisition. Notwithstanding the foregoing, Tenant shall not be required to deliver Lien Waivers at the time of the first requisition, but shall deliver the Lien Waivers and evidence of payment against amounts due Contractor under Contractor's pending or future Requisitions)of the first requisition in full within thirty (30) days following payment of Landlord’s Contribution with respect to such first requisition. Landlord shall have the right, upon reasonable advance notice to Tenant, to inspect Tenant’s books and records relating to each requisition in order to verify the amount thereof. Tenant shall submit requisition (s) no more often than monthly.
Appears in 2 contracts
Samples: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)
Requisitions. 23.1 Subject Advances shall be made not more frequently than monthly on requisitions in the form approved by the Lender signed by Davix X. Xxxxxx xx Robexx X. Xxxxxxx xx behalf of the Borrower and approved by the Corporate Guarantor and by or on behalf of the Lender, showing the percentage of completion and setting forth in trade breakdown form and in such detail as may be required by the Lender the amounts expended and/or costs incurred for work done and necessary materials incorporated in the Improvements. The requisition shall also show the percentage of completion of each line item on the Borrower's cost breakdown approved by the Lender. The Borrower shall submit with each requisition a statement that the work completed to the terms date of this Demolition Agreementsuch requisition is of quality consistent with the Plans and Specifications. In addition, Owner will at the time of each request by the Borrower for an advance of a portion of the Loan proceeds with respect to indirect costs related to the Loan or the Improvements, the Borrower shall furnish to the Lender such additional information (such as paid receipts, invoices, statements of accounts, etc.) as the Lender may reasonably require to assure that amounts requisitioned are to be used to reimburse the Borrower for costs previously paid by the Borrower or to pay costs incurred by the Borrower which are due and owing. Advances for direct construction costs (iother than the last advance and for any contracts for less than $50,000 or for the steel) eighty-shall be not more than ninety five percent (8595%) of the Contract Price for each Project after Substantial Completion amount requisitioned. The final holdback of the applicable Project, and (ii) the Final Holdback for direct costs of construction will be retained until each Project after Final Completion of the applicable Project. To this end, Contractor shall submit all Requisitions conditions precedent to Owner (with copies to Owner's project manager). Contractor shall submit to Owner with each Requisition:
(a) the Line Item Breakdown, annotated to reflect all Work actually completed to date;
(b) a partial Waiver of Lien from Contractor and every Subcontractor covering all payments by Owner pursuant to previous Requisitions;
(c) a detailed summary of all Change Orders approved and/or requested to date;
(d) if applicable, a verified statement setting forth the information required under Section 220-a final advance of the New York State Labor Law;
(e) original payrolls or transcripts thereof, subscribed and affirmed by Contractor as true; and
(f) any other certification, reports, documentation or information relating to the Work or the Contract Documents which Owner reasonably requests or are required by Law.
23.2 Within thirty (30) days after receipt of a Requisition satisfactory to Owner pursuant to Section 23.1, Owner will approve or disapprove all or a portion of such Requisition. If Owner disapproves all or a portion of the Requisition, Owner will deliver a written statement of any disapproved amounts pursuant to Section 24.3.
23.3 Owner may withhold payment of all or any portion of a Requisition for the reasons Loan proceeds set forth in Sections 24.2 and 24.3 below. However, if, in Owner’s reasonable judgment, other grounds for withholding payment do not concurrently exist, Owner will pay any portion(s) Section 2.06 hereof shall have been satisfied to the complete satisfaction of the Requisition not then in dispute within thirty (30) days Lender; provided, however, that the holdback on any subcontractor, laborer or materialman who has completed his work or services; whose work or services has been accepted and approved by the Lender; and who has delivered to the Lender a final waiver of Owner’s approval liens, may be requisitioned by the Borrower and disbursed at the discretion of all the Lender. All advances for indirect expenses related to the Loan or the applicable portion of the Requisition.
23.4 With respect to the portion, if any, of the Requisition which Owner has disapproved, Contractor shall immediately undertake all corrective or other action required by Owner Improvements and shall continue to prosecute the Work expeditiously made in accordance with the Contract Documents. If Budget or otherwise approved by the Lender and when Owner's grounds for withholding payment are removed by judicial determination final beyond appeal, expiration of an applicable limitation periodthe Corporate Guarantor, or written agreement between Owner and Contractorfor contracts for less than $50,000, Owner shall pay Contractor or for the amount so withheldsteel, less any other amounts still subject to withholding under Sections 24.2 and 24.3.
23.5 If Owner receives notice (or otherwise has good reason to believe) that Contractor has failed to pay any Subcontractor shall, be in an amount due equal to such Subcontractor from funds previously paid by Owner one hundred percent (100%) of the sum requisitioned. The Lender shall have a period of five (5) Banking Days within which to Contractor (i.e., where the funds due to such Subcontractor were covered by a Requisition previously paid by Owner), upon demand from Owner, Contractor shall immediately pay the amount due to such Subcontractor or (if Owner so specifies) shall return such funds to Owner with interest at the legal rate from the date when due. In such event, also, Owner may elect, upon three days' written notice to Contractor, thereafter to issue payments directly to any or all Subcontractors and deduct any and all such payments (including interest thereon) from any amounts due from Owner to Contractor pursuant to this Contractfund each approved requisition.
23.6 Whenever requested, Contractor shall submit to Owner a sworn statement, in form and accompanied by documents satisfactory to Owner, accounting for the disbursement of funds received from Owner. No payment by Owner shall relieve Contractor of any of Contractor's obligations under this Demolition Agreement.
23.7 If at any time, taking into account any amounts which Owner is entitled to withhold and retain under the Contract Documents, Owner has made payments to Contractor which exceed the aggregate amount then due Contractor under the Contract Documents, Contractor shall repay the excess to Owner upon demand (or Owner may, in its discretion, offset the amount of such payment against amounts due Contractor under Contractor's pending or future Requisitions).
Appears in 1 contract
Samples: Loan Agreement (Bioreliance Corp)
Requisitions. 23.1 Subject to the terms of this Demolition Agreement, Owner HTFC will pay (i) eighty-five percent (85%) of the Contract Price for each Project after Substantial Completion of the applicable Project, and (ii) the Final Holdback for each Project after Final Completion of the applicable Project. To this end, Contractor shall submit all Requisitions to Owner HTFC (with copies to OwnerHTFC's project manager). Contractor shall submit to Owner HTFC with each Requisition:
(a) the Line Item Breakdown, annotated to reflect all Work actually completed to date;
(b) a partial Waiver of Lien from Contractor and every Subcontractor covering all payments by Owner HTFC pursuant to previous Requisitions;
(c) a detailed summary of all Change Orders approved and/or requested to date;
(d) if applicable, a verified statement setting forth the information required under Section 220-a of the New York State Labor Law;
(e) original payrolls or transcripts thereof, subscribed and affirmed by Contractor as true; and
(f) any other certification, reports, documentation or information relating to the Work or the Contract Documents which Owner HTFC reasonably requests or are required by Law.
23.2 Within thirty (30) days after receipt of a Requisition satisfactory to Owner HTFC pursuant to Section 23.1, Owner HTFC will approve or disapprove all or a portion of such Requisition. If Owner HTFC disapproves all or a portion of the Requisition, Owner HTFC will deliver a written statement of any disapproved amounts pursuant to Section 24.3.
23.3 Owner HTFC may withhold payment of all or any portion of a Requisition for the reasons set forth in Sections 24.2 and 24.3 below. However, if, in Owner’s reasonable judgment, other grounds for withholding payment do not concurrently exist, Owner will pay any portion(s) of the Requisition not then in dispute within thirty (30) days of Owner’s approval of all or the applicable portion of the Requisition.
23.4 With respect to the portion, if any, of the Requisition which Owner has disapproved, Contractor shall immediately undertake all corrective or other action required by Owner and shall continue to prosecute the Work expeditiously in accordance with the Contract Documents. If and when Owner's grounds for withholding payment are removed by judicial determination final beyond appeal, expiration of an applicable limitation period, or written agreement between Owner and Contractor, Owner shall pay Contractor the amount so withheld, less any other amounts still subject to withholding under Sections 24.2 and 24.3.
23.5 If Owner receives notice (or otherwise has good reason to believe) that Contractor has failed to pay any Subcontractor an amount due to such Subcontractor from funds previously paid by Owner to Contractor (i.e., where the funds due to such Subcontractor were covered by a Requisition previously paid by Owner), upon demand from Owner, Contractor shall immediately pay the amount due to such Subcontractor or (if Owner so specifies) shall return such funds to Owner with interest at the legal rate from the date when due. In such event, also, Owner may elect, upon three days' written notice to Contractor, thereafter to issue payments directly to any or all Subcontractors and deduct any and all such payments (including interest thereon) from any amounts due from Owner to Contractor pursuant to this Contract.
23.6 Whenever requested, Contractor shall submit to Owner a sworn statement, in form and accompanied by documents satisfactory to Owner, accounting for the disbursement of funds received from Owner. No payment by Owner shall relieve Contractor of any of Contractor's obligations under this Demolition Agreement.
23.7 If at any time, taking into account any amounts which Owner is entitled to withhold and retain under the Contract Documents, Owner has made payments to Contractor which exceed the aggregate amount then due Contractor under the Contract Documents, Contractor shall repay the excess to Owner upon demand (or Owner may, in its discretion, offset the amount of such payment against amounts due Contractor under Contractor's pending or future Requisitions).and
Appears in 1 contract
Samples: Demolition Agreement