SUBMITTAL BY CONTRACTOR. Once each month, Contractor shall submit to Owner an application for payment (the “Application for Payment”). The period covered by each Application for Payment shall be one calendar month ending on the last day of the month or as otherwise mutually agreed to accommodate Contractor’s cost system as it is understood that Contractor’s labor costs are accumulated such that a pay period must end on a Sunday. Contractor will provide with each Application for Payment a projection estimate for the anticipated costs of the Work during the upcoming month. This projected estimate of costs plus the Contractor’s Fee of [*] on all estimated costs, less the retainage stipulated in Section 10.1.1.1, shall serve as the basis of Contractor’s payment for that month. Within thirty (30) days after the end of each month during which any Work is performed, Contractor shall provide the Owner a summary of the costs, as defined by Exhibit D to this Agreement, incurred during such period accompanied by the supporting documentation for such reimbursable costs as required herein. Contractor will then prepare, contemporaneous with the next month’s Application for Payment, a monthly reconciliation of the reimbursable costs that compares the advance funding received from the Owner against the actual summary of costs for the applicable period. Should the reconciliation show a deficiency in funding, the then current monthly Application for Payment will include the amount necessary to fully reimburse Contractor for any such deficiency plus the any proportionate Fee deficiency. CONTRACTOR INITIALS & DATE: /S/ SNR 8/7/07 OWNER INITIALS & DATE: /s/ DS 8/7/07 Page 13 of 90 Execution Copy [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. If the reconciliation shows an excess funding, the excess will be deducted from the then current monthly Application for Payment. Invoices paid and reconciled are not considered to be accepted by the Owner and Owner shall retain its right to audit Contractor’s costs and Applications for Payment. Reimbursements of the Cost of the Work shall not be construed as Owner’s approval or acceptance of the Work. If disputed charges are identified at the time of original invoicing or during an audit of invoiced charges, payment for the disputed items may be withheld subject to reso...
SUBMITTAL BY CONTRACTOR. To the extent reasonable, the Contractor may submit to one or more RFIs, in writing, as provided in this Section 4.6. The Contractor must submit each RFI to the Inspector of Record and the Architect, with a copy thereof to the District. The Contractor must submit an RFI sufficiently in advance as will avoid and/or prevent any delays in the Work or any Work by Others. Each RFI must: (i) identify the specific portion of the Contract Documents that is the subject of the RFI, including, without limitation, Drawing and detail number, Specification section, page number, et cetera; (ii) describe in reasonable detail what the Contractor does not understand, what the Contractor believes is not sufficiently detailed or provided for, or other matter or question that is the subject of the RFI; and (iii) describe the Contractor’s interpretation or suggested resolution of the matter or question that is the subject of the RFI. Prior to submitting an RFI, the Contractor must review the RFI to ensure that it is clear (not ambiguous) and asks a question not previously answered.
SUBMITTAL BY CONTRACTOR. Contractor shall submit a request for reimbursement for such reasonable expenses to the Walmart Contract Management team through its reimbursable expenses protocol.
SUBMITTAL BY CONTRACTOR. Once each month, on or before the 15th day of each month, Contractor shall submit to Owner an Application for Payment covering the Work completed during the preceding month. The amount of retainage with respect to progress payments, which will be reflected on the Application for Payment, will be: No retainage on design, engineering, equipment purchased by Contractor, permits, fees, soil tests, construction testing, dumpsters, and miscellaneous costs; Ten percent (10%) retainage on all construction management and construction costs until fifty percent (50%) of the Work is complete and five percent (5%) retainage thereafter; and Ninety percent (90%) of retainage previously withheld to be paid upon Substantial Completion of the Project; provided, however if the estimated cost of completing punchwork items exceeds ten percent (10%) of withheld retainage, then the amount of retainage to be paid upon Substantial Completion shall be reduced so that the amount of retainage withheld equals 125% of the cost of completing punchwork items, which portion of the retainage withheld for punchwork items shall not be paid to Contractor until Contractor has completed all punchwork items to Owner's reasonable satisfaction. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a xxxx of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein.
