Submission of Applications for Payment Sample Clauses

Submission of Applications for Payment. By the twenty-fifth day (25th) of each month, the Design-Builder shall submit to the Program Manager itemized Applications for Payment in the form attached hereto as Exhibit K. The Design-Builder shall submit no more than one (1) Application for Payment during each month.
AutoNDA by SimpleDocs
Submission of Applications for Payment. By the twenty-fifth day (25th) of each month, the CM/GC shall submit to the Design Professional itemized Applications for Payment in the form attached hereto as Exhibit K. The CM/GC shall submit no more than one (1) Application for Payment during each month.
Submission of Applications for Payment. By the fifth day (5th) of each month, but no earlier than the first (1st) day of each month, the CM/GC shall submit to the Owner itemized Applications for Payment for the previous month. The CM/GC shall submit no more than one (1) Application for Payment during each month.
Submission of Applications for Payment. On or before the fifteenth -------------------------------------- (15th) day of each calendar month, Contractor shall submit an Application for Payment to Owner (one (1) original and two (2) copies for Owner) and one (1) copy of such Application for Payment to the Independent Engineer describing (a) the extent of completion of the Work for the prior calendar month and (b) any value added by Work completed in the prior calendar month with respect to which Contractor is ahead of the Payment Schedule and requesting credit pursuant to Section 4.4.2(c). Each Application for payment shall be accompanied by such supporting documentation as is required by Section 4.4 hereof. Contractor warrants that title to all work, materials and equipment covered by any Application for Payment will pass to Owner no later than the time of payment, free and clear of all liens, charges, security interests and encumbrances.
Submission of Applications for Payment. Prior to the submission of the first Application for Payment by the Contractor, AFI’s Representative and the Contractor shall agree upon a date each month (the “Invoice Submission Date”), which shall be the same date each month, on or prior to which the Contractor shall submit, on a monthly basis, an Application for Payment in accordance with the General Conditions. Except as provided in the succeeding paragraph, in the event the Contractor fails to submit, on or prior to the 15th day following the Invoice Submission Date for any month, an Application for Payment for such month that complies with the requirements of the General Conditions, the amount of such Application for Payment AFI may reduce by one percent (1%) of the amount of such Application for Payment, without the requirement of further action by AFI or the Contractor. Such reduction in the amount of any Application for Payment shall not be recoverable by the Contractor and shall constitute instead an automatic adjustment in the Contract Price binding upon the Contractor. In the event the Contractor fails to submit, on or prior to the 30th day following the Invoice Submission Date for any month, an Application for Payment for such month that complies with the requirements of the General Conditions, AFI may reduce the amount of such Application for Payment by two (2%) of the amount of such Application for Payment, without the requirement of further action by AFI or the Contractor. Such reduction in the amount of any Application for Payment (a) shall be in lieu of, and not in addition to, the reduction provided in the preceding paragraph, and (b) shall not be recoverable by the Contractor and shall constitute instead an automatic adjustment in the Contract Price binding on the Contractor. All Applications for Payments shall be subject to review and approval by AFI’s Representative and the Contracting Officer in accordance with the General Conditions. Any determination by AFI’s Representative whether or not to recommend the issuance of a Certificate of Payment, in whole or in part, with respect to any Application for Payment shall be made in accordance with the General Conditions.
Submission of Applications for Payment. Prior to the submission of the first Application for Payment by the Contractor, PRIFA's Representative and the Contractor shall agree upon a date each month (the "Invoice Submission Date"), which shall be the same date each month, on or prior to which the Contractor shall submit, on a monthly basis, an Application for Payment in accordance with the General Conditions. Except as provided in the succeeding paragraph, in the event the Contractor fails to submit, on or prior to the 15 day following the Invoice Submission Date for any month, an Application for Payment for such month that complies with the requirements of the General Conditions, the amount of such Application for Payment shall be automatically reduced by one percent (1%) of the amount of such Application for Payment, without further act by PRIFA or the Contractor. Such reduction in the amount of any Application for Payment shall not be recoverable by the Contractor and shall constitute instead an automatic adjustment in the Contract Price binding on the Contractor.
Submission of Applications for Payment. Prior to the submission of the first Application for Payment by the Contractor, SOEP's Representative and the Contractor shall agree upon a date each month (the "Invoice Submission Date"), which shall be the same date each month, on or prior to which the Contractor shall submit, on a monthly basis, an Application for Payment in accordance with the General Conditions. •, requirements of the General Conditions, the amount of such Application for Payment shall be automatically reduced by one percent (1%) of the amount of such Application for Payment, without further act by SOEP or the Contractor. Such reduction in the amount of any Application for Payment shall not be recoverable by the Contractor and shall constitute instead an automatic adjustment in the Contract Price binding on the Contractor.
AutoNDA by SimpleDocs
Submission of Applications for Payment. Prior to the submission of the first Application for Payment, the Contractor and MSJ’s Representative shall agree upon a date (the “Invoice Submission Date”), which shall be on or before the 15th day of the month following that of which the Contractor shall submit an Application for Payment in accordance with the General Conditions. All Applications for Payments shall be subject to review and approval by MSJ’s Representative and the Contracting Officer in accordance with the General Conditions. Any determination by MSJ’s Representative whether or not to recommend the issuance payment, in whole or in part, with respect to any Application for Payment shall be made in accordance with the General Conditions. MSJ reserves the right to request from the Contractor any document it deems necessary in order to process any Application for Payment, including the retainage.
Submission of Applications for Payment. Prior to the submission of the first Application for Payment, the Contractor and PRIFA's Representative shall agree upon a date (the "Invoice Submission Date"), which shall be on or before the 15th day of the month following that of which the Contractor shall submit an Application for Payment in accordance with the General Conditions.

Related to Submission of Applications for Payment

  • Applications for Payment 9.3.1 At least ten days before the date for each progress payment established in the State- Contractor Agreement, the Contractor shall submit to the Architect an itemized Application for Payment, notarized if required, supported by such data substantiating the Contractor's right to payment as the State or the Architect may require. The application for payment must, at a minimum, reflect retainage and the required waivers of lien and any other support documentation enumerated elsewhere in the Contract Documents. 9.3.2 Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in advance by the State, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the State to establish the State's title to such materials or equipment or otherwise protect the State's interest, including applicable insurance and transportation to the site for those materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the State either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to in this Article 9 as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.

  • Application for Payment The form acceptable to Owner that is to be used by the Contractor during the course of the Work in requesting payment from the Owner and that is to be accompanied by such supporting documentation as is required by the Contract Documents.

  • Procedure for Payment Whenever a payment for fractional Rights, Preferred Shares or Common Shares is to be made by the Rights Agent pursuant to this Agreement, the Company will (i) promptly prepare and deliver to the Rights Agent a certificate setting forth in reasonable detail the facts related to such payment and the prices or formulas utilized in calculating such payments; and (ii) provide sufficient monies to the Rights Agent to make such payments. The Rights Agent will be fully protected in relying upon such certificate and will have no duty with respect thereto, and will not be deemed to have knowledge of any payment for fractional Rights, Preferred Shares or Common Shares pursuant to this Agreement unless and until the Rights Agent has received such certificate and sufficient monies.

  • Scope of Application Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the settlement of all disputes between the Parties regarding the interpretation or application of this Agreement, whenever a Party considers that the other Party has failed to carry out its obligations under this Agreement.

  • REQUESTS FOR PAYMENT Payments shall be made in accordance with Article I.4 of the Special Conditions.

  • Denominations: Provisions for Payment The Securities shall be issuable as registered Securities and in the denominations of one thousand U.S. dollars ($1,000) or any integral multiple thereof, subject to Section 2.01(a)(13). The Securities of a particular series shall bear interest payable on the dates and at the rate specified with respect to that series. Subject to Section 2.01(a)(23), the principal of and the interest on the Securities of any series, as well as any premium thereon in case of redemption or repurchase thereof prior to maturity, and any cash amount due upon conversion or exchange thereof, shall be payable in the coin or currency of the United States of America that at the time is legal tender for public and private debt, at the office or agency of the Company maintained for that purpose. Each Security shall be dated the date of its authentication. Interest on the Securities shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest installment on any Security that is payable, and is punctually paid or duly provided for, on any Interest Payment Date for Securities of that series shall be paid to the Person in whose name said Security (or one or more Predecessor Securities) is registered at the close of business on the regular record date for such interest installment. In the event that any Security of a particular series or portion thereof is called for redemption and the redemption date is subsequent to a regular record date with respect to any Interest Payment Date and prior to such Interest Payment Date, interest on such Security will be paid upon presentation and surrender of such Security as provided in Section 3.03. Any interest on any Security that is payable, but is not punctually paid or duly provided for, on any Interest Payment Date for Securities of the same series (herein called “Defaulted Interest”) shall forthwith cease to be payable to the registered holder on the relevant regular record date by virtue of having been such holder; and such Defaulted Interest shall be paid by the Company, at its election, as provided in clause (1) or clause (2) below: (1) The Company may make payment of any Defaulted Interest on Securities to the Persons in whose names such Securities (or their respective Predecessor Securities) are registered in the Security Register at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner: the Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each such Security and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Trustee shall fix a special record date for the payment of such Defaulted Interest which shall not be more than 15 nor less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of such special record date and, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be sent, to each Securityholder not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been sent as aforesaid, such Defaulted Interest shall be paid to the Persons in whose names such Securities (or their respective Predecessor Securities) are registered in the Security Register on such special record date. (2) The Company may make payment of any Defaulted Interest on any Securities in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee. Unless otherwise set forth in a Board Resolution or one or more indentures supplemental hereto establishing the terms of any series of Securities pursuant to Section 2.01 hereof, the term “regular record date” as used in this Section with respect to a series of Securities and any Interest Payment Date for such series shall mean either the fifteenth day of the month immediately preceding the month in which an Interest Payment Date established for such series pursuant to Section 2.01 hereof shall occur, if such Interest Payment Date is the first day of a month, or the first day of the month in which an Interest Payment Date established for such series pursuant to Section 2.01 hereof shall occur, if such Interest Payment Date is the fifteenth day of a month, whether or not such date is a Business Day. Subject to the foregoing provisions of this Section, each Security of a series delivered under this Indenture upon transfer of or in exchange for or in lieu of any other Security of such series shall carry the rights to interest accrued and unpaid, and to accrue, that were carried by such other Security.

  • Order of Application (a) If no Default or Potential Default exists, payments, and prepayments of the Obligation shall be applied first to fees then due, second to accrued interest then due and payable on the Principal Debt, and then to the remaining Obligation in the order and manner as Borrower may direct. (b) If a Default or Potential Default exists, any payment or prepayment (including proceeds from the exercise of any Rights) shall be applied to the Obligation in the following order: (i) to the payment of all fees, expenses, and indemnities for which Administrative Agent has not been paid or reimbursed in accordance with the Loan Papers; (ii) to the ratable payment of all fees, expenses, and indemnities (other than L/C fees set forth in Section 5.3 hereof (collectively, “L/C Fees”)) for which Lenders have not been paid or reimbursed in accordance with the Loan Papers (as used in this clause (ii), a “ratable payment” for any Lender shall be, on any date of determination, that proportion which the portion of the total fees, expenses, and indemnities owed to such Lender bears to the total aggregate fees, expenses, and indemnities owed to all Lenders on such date of determination); (iii) to the ratable payment of accrued and unpaid interest on the Principal Debt and L/C Fees (as used in this clause (iii), “ratable payment” means, for any Lender, on any date of determination, that proportion which the accrued and unpaid interest on the Principal Debt owed to such Lender bears to the total accrued and unpaid interest on the Principal Debt owed to all Lenders); (iv) to the ratable payment of the Principal Debt (as used in this clause (iv), “ratable payment” means for any Lender, on any date of determination, that proportion which the Principal Debt owed to such Lender bears to the Principal Debt owed to all Lenders); (v) to Administrative Agent for the account of the applicable L/C Issuer, to Cash Collateralize that portion of L/C Exposure comprised of the aggregate undrawn amount of L/Cs; (vi) to the payment of the remaining Obligation in the order and manner Required Lenders deem appropriate; and (vii) the balance, if any, after all of the Obligation has been indefeasibly paid in full, to Borrower or as otherwise required by Law. Subject to Section 2.3(c), amounts used to Cash Collateralize the aggregate undrawn amount of L/Cs pursuant to clause (v) above shall be applied to satisfy drawings under such L/Cs as they occur. If any amount remains on deposit as Cash Collateral after all L/Cs have either been fully drawn or expired, such remaining amount shall be applied to the other Obligation, if any, in the order set forth above. Subject to the provisions of Section 14 and provided that Administrative Agent shall not in any event be bound to inquire into or to determine the validity, scope, or priority of any interest or entitlement of any Lender and may suspend all payments or seek appropriate relief (including, without limitation, instructions from Required Lenders, Required Revolver Lenders or Required Term Loan Lenders or an action in the nature of interpleader) in the event of any doubt or dispute as to any apportionment or distribution contemplated hereby, Administrative Agent shall promptly distribute such amounts to each Lender in accordance with the Agreement and the related Loan Papers.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!