Common use of Should Subparagraph 2 Clause in Contracts

Should Subparagraph 2. 5.1 be finally adjudged void and unenforceable as a contingent payment clause under the law of the state in which the Project is located, then if payment from the Owner for such Subcontract Work is not received by the Contractor through no fault of the Subcontractor, the Contractor will make payment to the Subcontractor within a reasonable time for the Subcontract Work satisfactorily performed. This reasonable period of time shall be defined to be that period of time which will allow the Contractor to diligently pursue dispute resolution procedures for non-payment available under the Owner-Contractor Agreement or by law to collect such sums as are justly payable to the Contractor and all Subcontractors. If such definition is not permitted by the law of the state in which the Project is located, then a reasonable period of time shall be defined as the maximum period of time allowed by law for payment to a subcontractor in the event of owner non-payment to a contractor.

Should Subparagraph 2. 5.1 be finally adjudged deemed void and unenforceable as a contingent payment clause under the law of the state in which the Project is located, then if payment from the Owner for such Subcontract Work is not received by the Contractor Contractor, through no fault of the Subcontractor, the Contractor will make payment to the Subcontractor within a reasonable time for the Subcontract Work satisfactorily performed. This reasonable period of time shall be defined to be that period of time which will allow the Contractor to diligently pursue dispute resolution procedures for non-payment available under the Owner-Contractor Agreement or by law Law to collect such sums as are justly payable to the Contractor and all Subcontractors. If such definition is not permitted by the law of the state in which the Project is located, then a reasonable period of time shall be defined as the maximum period of time allowed by law for payment to a subcontractor in the event of owner non-payment to a contractor.