SOP Act Sample Clauses

SOP Act. (a) This clause applies if the SOP Act applies to the Contract. (b) For the purposes of section 17(3) of the SOP Act, the Contractor irrevocably chooses the Resolution Institute as the "authorised nominating authority" (as that term is defined in the SOP Act) for any adjudication application it may make under the SOP Act in respect of the subject matter of the Contract. (c) When an adjudication occurs under the SOP Act, and the Principal has paid an adjudicated amount to the Contractor: (i) the amount will be taken into account by the Principal's Representative in issuing a payment schedule under clause 12.3; and (ii) if it is subsequently determined pursuant to the Contract that the Contractor was not entitled under the Contract to payment of some or all of the adjudicated amount that was paid by the Principal ("overpayment"), the overpayment will be a debt due and payable by the Contractor to the Principal which the Contractor must pay to the Principal upon demand and in respect of which the Contractor is not entitled to claim or exercise any set-off, counterclaim, deduction or similar right of defence. (d) Without limiting clause 12.9, the Principal may withhold any amount that is less than or equal to the amount claimed to be owed under a payment withholding request served on the Principal pursuant to Division 2A of the SOP Act. (e) If the Principal withholds from money otherwise due to the Contractor any amount that is less than or equal to the amount claimed to be owed under a payment withholding request served on the Principal pursuant to Division 2A of the SOP Act, then: (i) the Principal may lead and rely upon Division 2A of the SOP Act as a defence to any Claim for the money by the Contractor from the Principal; and (ii) the period during which the Principal retains money due to the Contractor pursuant to an obligation under Division 2A of the SOP Act will not be taken into account for the purpose of determining: A. any period for which money owed by the Principal to the Contractor has been unpaid; and B. the date by which payment of money owed by the Principal to the Contractor must be made. (f) The Contractor agrees not to commence proceedings to recover any amount withheld by the Principal pursuant to a payment withholding request served on the Principal in accordance with Division 2A of the SOP Act. (g) Any amount paid by the Principal pursuant to section 26C of the SOP Act will be a debt due from the Contractor to the Principal. (h) If the P...
Sample 1
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SOP Act. This clause 12.6 only applies if, and to the extent that, the SOP Act applies to this Agreement. Capitalised terms in this clause 12.6 which are not otherwise defined in this Agreement have the meaning given by the SOP Act. Business Day in this clause 12.6 has the same meaning as in the SOP Act. The Participant acknowledges and agrees that: the Reference Dates for the purpose of this Agreement are each date on which the Participant achieves a Milestone as specified in the Milestone Schedule; the Department must within 10 Business Days of receipt of a Payment Claim: determine the amount of the Participant's entitlement being the Department's assessment of the Funds then due and payable minus the amount of any debt due to the Department, or any claim by the Department against the Participant or any amount which the Department may otherwise be entitled to set off, withhold or deduct; and provide a Payment Schedule which: identifies the Payment Claim to which the Payment Schedule relates; indicates the amount of the payment the Department proposes to make; and if the amount the Department proposes to pay is less than the claimed amount, indicates why the amount proposed to be paid is less and (if it is less because the Department is withholding payment for any reason), the Department's reasons for withholding payment; Progress Payments under this agreement become due and payable in accordance with Item 6.2 of Schedule 1; and the value of work carried out under the Agreement is to be determined in accordance with Item 6.2 of Schedule 1, subject to Item 6.1(a) of Schedule 1. Other Contributions The Participant must: within 20 Business Days after the Date of this Agreement, provide to the Department satisfactory written evidence that the Other Contributions set out in Item 6.4 of Schedule 1 will be provided, including the person or entity providing the contribution, the nature and value of the contribution, the due dates for each of these contributions and the terms and conditions that apply. if requested by the Department, promptly provide to the Department copies of any written arrangements entered into, or proposed to be entered into, in respect of the Other Contributions; ensure that the terms on which any Other Contributions are provided to the Participant for, or in connection with, the Project are not inconsistent with the terms of this Agreement and do not in any way limit or affect the Participant's ability to comply strictly with its obligations, or the...
Sample 1
SOP Act. This clause applies if the SOP Act applies to this Agreement.‌ (a) The Supplier agrees with the Client that the date prescribed in clause 10.1 as the date on which the Supplier must make a payment claim is, for the purposes of section 8 of the SOP Act, the "reference date" (as defined in the SOP Act). (b) For the purposes of section 17(3) of the SOP Act, the Supplier irrevocably chooses the Resolution Institute as the "authorised nominating authority" (as that term is defined in the SOP Act) for any adjudication application it may make under the SOP Act in respect of the subject matter of this Agreement 12 Provision of electronic documentation‌ If required by the Supplier, all Design Documentation and other documents or information shall be transmitted for review and approval via electronic means. The parties shall ensure that only its authorised personnel have access to the application.‌
Sample 1
SOP Act. (a) This clause applies if the SOP Act applies to the Contract. (b) For the purposes of section 17(3) of the SOP Act, the Contractor irrevocably chooses the Resolution Institute as the "authorised nominating authority" (as defined in the SOP Act).
Sample 1
SOP Act. This clause 12.6 only applies if, and to the extent that, the SOP Act applies to this Agreement. Capitalised terms in this clause 12.6 which are not otherwise defined in this Agreement have the meaning given by the SOP Act. Business Day in this clause 12.6 has the same meaning as in the SOP Act. The Participant acknowledges and agrees that: (i) the Reference Dates for the purpose of this Agreement are each date on which the Participant achieves a Milestone as specified in the Milestone Schedule; (ii) the Department must within 10 Business Days of receipt of a Payment Claim: (A) determine the amount of the Participant's entitlement being the Department's assessment of the Funds then due and payable minus the amount of any debt due to the Department, or any claim by the Department against the Participant or any amount which the Department may otherwise be entitled to set off, withhold or deduct; and (B) provide a Payment Schedule which: (I) identifies the Payment Claim to which the Payment Schedule relates; (II) indicates the amount of the payment the Department proposes to make; and (III) if the amount the Department proposes to pay is less than the claimed amount, indicates why the amount proposed to be paid is less and (if it is less because the Department is withholding payment for any reason), the Department's reasons for withholding payment; (iii) Progress Payments under this agreement become due and payable in accordance with Item 6.2 of Schedule 1; and (iv) the value of work carried out under the Agreement is to be determined in accordance with Item 6.2 of Schedule 1, subject to Item 6.1(a) of Schedule 1.
Sample 1

Related to SOP Act

  • OWNERSHIP ACT The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act,1972. The Promoter showing compliance of various laws/regulations as applicable in the State of West Bengal.

  • APARTMENT OWNERSHIP ACT The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter showing compliance of various laws/regulations as applicable in the State of West Bengal.

  • Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

  • Pro-Children Act Grantee certifies that it is in compliance with the Pro-Children Act of 2001 in that it prohibits smoking in any portion of its facility used for the provision of health, day care, early childhood development services, education or library services to children under the age of eighteen (18), which services are supported by federal or state government assistance (except such portions of the facilities which are used for inpatient substance abuse treatment) (20 USC 7181-7184).

  • CIVIL RIGHTS ACT This Agreement is subject to the compliance requirements of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000d) relating to nondiscrimination in Federally assisted programs. The Performer has signed an Assurance of Compliance with the nondiscriminatory provisions of the Act.

  • Age Discrimination Act of 1975 The Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), as amended, and any applicable regulations. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

  • OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Xxxxx Xxxxxxxx Xxxxxx, Xxx Xxxx 00000 Telephone: 000-000-0000 Fax: 000-000-0000 email: xxx@xxx.xx.xxx A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-803-2414 email: xxxxxxxxxxxxxxxxx@xxx.xx.xxx xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPu blic.asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

  • Section 504 of the Rehabilitation Act of 1973 The Contractor shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as amended, and any applicable regulations. The Contractor agrees that no qualified individual with handicaps shall, solely on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance from HUD.

  • California Public Records Act Contractor and County agree and acknowledge that all information and documents related to the award and performance of this Contract are subject to disclosure pursuant to the California Public Records Act, California Government Code Section 6250 et seq.

  • Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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