Common use of Supporting Documentation; Payment Disputes Clause in Contracts

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the Parties. Contractor shall make available such documentation and materials as Owners may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, substantiating Contractor’s right to payment of an invoice. If an invoice is deficient in any material respect, Contractor may be required by Owners to resubmit that invoice in proper form; provided, however, that Owners shall pay such portion of the invoice that is not deficient and [***] of such portion of the invoice, if any, in dispute, as provided in Section 8.5(b). Owners shall review each invoice and shall take exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners or (ii) [***] after Owners receive the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide no exceptions within such time, Owners shall pay Contractor, within the time specified for payment above. (b) Payment shall not waive Owners’ right to dispute an invoice. Owners may only withhold [***] of the disputed portion of an invoice and such dispute shall be resolved in good faith in accordance with Article 27. Once the dispute is resolved, Owners shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days after the date of the final resolution, together with interest at a rate equal to [***], applied from the original due date of the payment [***] until paid (or in the case of any overpayment, from the date paid until refunded by Contractor). (c) Notwithstanding the foregoing, Owners may take advantage of any discount identified in Contractor’s invoice for prompt payment. If for any reason Owners fail to pay Contractor for the sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due date, a late payment charge shall accrue at a rate equal to [***]. If Owners fail to make payment of an undisputed amount within [***] following the due date, or fail to make payment of the portion of a disputed payment as required by Section 8.5(b) within [***] of the date such payment is required, Contractor shall have the right to suspend performance of the Work until such time as such payment is made as if Owners had ordered a suspension in accordance with Section 22.1.

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the PartiesOwner. Contractor shall make available such documentation and materials as Owners Owner may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, require substantiating Contractor’s 's right to payment of an any invoice. If an any invoice is deficient in any material respect, Contractor may be required by Owners Owner to resubmit that invoice in proper form; provided, however, that Owners Owner shall pay such any portion of the invoice it that is not deficient and [***] of such portion of the invoice, if any, in or subject to dispute, as provided in Section 8.5(b). Owners Owner shall review each invoice and shall take make exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners Owner or (ii) [***] after Owners receive Owner receives the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide Owner provides no exceptions within such time, Owners Owner shall pay Contractor, Contractor within the time specified for payment above. (b) Payment shall not waive Owners’ Owner's right to dispute an invoice. Owners may only withhold Any amount of an invoice that Owner disputes shall be resolved in accordance with Article 27. (i) Should such dispute not be settled within [***] of the disputed portion of an invoice and such dispute due date, Owner shall be resolved in good faith in accordance with Article 27. pay[**]. (ii) Once the dispute is resolved, Owners Owner shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days [**] after the date of the final resolution, together with interest at a rate equal to [***], applied from the original due date of the payment [***] until paid (or in the case of any overpayment, from the date paid until refunded by Contractor). (c) Notwithstanding If for any reason Owner fails to pay Contractor for all undisputed sums due and owing by the foregoingdue date or, Owners for disputed amounts, by the date required as set forth in (b)(i) above, Contractor shall notify Owner of the overdue payment[**]. If Owner fails to make payment of any undisputed amount due within [**] following the due date or fails to make payment of any disputed amount within [**] following the date set forth in (b)(i) above, Contractor shall provide a second notice to Owner in writing. If Owner fails to make payment of the undisputed amount due within [**] following its receipt of this second notice[**]. “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures (d) Owner may take advantage of any discount identified in Contractor’s 's invoice for prompt payment. If for any reason Owners fail to pay Contractor for the sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due date, a late payment charge shall accrue at a rate equal to [***]. If Owners fail to make payment of an undisputed amount within [***] following the due date, or fail to make payment of the portion of a disputed payment as required by Section 8.5(b) within [***] of the date such payment is required, Contractor shall have the right to suspend performance of the Work until such time as such payment is made as if Owners had ordered a suspension in accordance with Section 22.1.

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the Parties. Contractor shall make available such documentation and materials as Owners may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, substantiating Contractor’s right to payment of an invoice. If an invoice is deficient in any material respect, Contractor may be required by Owners to resubmit that invoice in proper form; provided, however, that Owners shall pay such portion of the invoice that is not deficient and [***] of such portion of the invoice, if any, in dispute, as provided in Section 8.5(b). Owners shall review each invoice and shall take exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners or (ii) [***] fifteen (15) Days after Owners receive the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide no exceptions within such time, Owners shall pay Contractor, within the time specified for payment above. (b) Payment shall not waive Owners’ right to dispute an invoice. Owners may only withhold [***] of the disputed portion of an invoice and such dispute shall be resolved in good faith in accordance with Article 27. Once the dispute is resolved, Owners shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days after the date of the final resolution, together with interest at a rate equal to [***]the Prime Rate plus one percent (1%) per annum, applied from the original due date of the payment [***] and Time and Materials Charges until paid (or in the case of any overpayment, from the date paid until refunded by Contractor). (c) Notwithstanding the foregoing, Owners may take advantage of any discount identified in Contractor’s invoice for prompt payment. If for any reason Owners fail to pay Contractor for the sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due date, a late payment charge shall accrue at a rate equal to [***]the Prime Rate plus one percent (1%) per annum. If Owners fail to make payment of an undisputed amount within [***] fifteen (15) Days following the due date, or fail to make payment of the portion of a disputed payment as required by Section 8.5(b) within [***] fifteen (15) Days of the date such payment is required, Contractor shall have the right to suspend performance of the Work until such time as such payment is made as if Owners had ordered a suspension in accordance with Section 22.1.

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the PartiesOwner. Contractor shall make available such documentation and materials as Owners Owner may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, require substantiating Contractor’s right to payment of an any invoice. If an any invoice is deficient in any material respect, Contractor may be required by Owners Owner to resubmit that invoice in proper form; provided, however, that Owners Owner shall pay such any portion of the invoice it that is not deficient and [***] of such portion of the invoice, if any, in or subject to dispute, as provided in Section 8.5(b). Owners Owner shall review each invoice and shall take make exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners Owner or (ii) [***] after Owners receive Owner receives the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide Owner provides no exceptions within such time, Owners Owner shall pay Contractor, Contractor within the time specified for payment above. (b) Payment shall not waive Owners’ Owner’s right to dispute an invoice. Owners may only withhold Any amount of an invoice that Owner disputes shall be resolved in accordance with Article 27. (i) Should such dispute not be settled within [***] of the disputed portion of an invoice and such dispute due date, Owner shall be resolved in good faith in accordance with Article 27. pay [**]. (ii) Once the dispute is resolved, Owners Owner shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days [**] after the date of the final resolution[**]. (c) If for any reason Owner fails to pay Contractor for all undisputed sums due and owing by the due date or, together with interest for disputed amounts, by the date required as set forth in (b)(i) above, Contractor shall notify Owner of the overdue payment, and a late payment charge shall accrue at a rate equal to [***], applied from the original ] per annum. If Owner fails to make payment of any undisputed amount due date of the payment within [**] following the due date or fails to make payment of any disputed amount within [**] until paid (or in the case of any overpayment, from following the date paid until refunded by Contractor).set forth in (b)(i) above, Contractor shall provide a second notice to Owner in writing. If Owner fails to make payment of the undisputed amount due within [**] following its receipt of this second notice, Contractor has the right to suspend performance of the Work as if Owner had ordered a suspension in accordance with Section 22.1. “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures (cd) Notwithstanding the foregoing, Owners Owner may take advantage of any discount identified in Contractor’s invoice for prompt payment. If for any reason Owners fail to pay Contractor for the sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due date, a late payment charge shall accrue at a rate equal to [***]. If Owners fail to make payment of an undisputed amount within [***] following the due date, or fail to make payment of the portion of a disputed payment as required by Section 8.5(b) within [***] of the date such payment is required, Contractor shall have the right to suspend performance of the Work until such time as such payment is made as if Owners had ordered a suspension in accordance with Section 22.1.

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the PartiesOwner. Contractor shall make available such documentation and materials as Owners Owner may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, require substantiating Contractor’s 's right to payment of an any invoice. If an any invoice is deficient in any material respect, Contractor may be required by Owners Owner to resubmit that invoice in proper form; provided, however, that Owners Owner shall pay such any portion of the invoice it that is not deficient and [***] of such portion of the invoice, if any, in or subject to dispute, as provided in Section 8.5(b). Owners Owner shall review each invoice and shall take make exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners Owner or (ii) [***] fifteen (15) Days after Owners receive Owner receives the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide Owner provides no exceptions within such time, Owners Owner shall pay Contractor, Contractor within the time specified for payment above. (b) Payment shall not waive Owners’ Owner's right to dispute an invoice. Owners may only withhold [***] of the disputed portion Any amount of an invoice and such dispute that Owner disputes shall be resolved in good faith in accordance with Article 27. . (i) Should such dispute not be settled within thirty (30) Days of the due date, Owner shall pay all disputed amounts including, without limitation, amounts disputed with respect to a Change (except Owner may hold back ten percent (10%) of disputed amounts which exceed one million dollars ($1,000,000)). (ii) Once the dispute is resolved, Owners Owner shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days after the date of the final resolution, together with interest at a rate equal to [***]the Prime Rate plus one percent (1%) per annum, applied from (i) the original due date of the payment [***] for Firm Price or Fixed Price payments and Time and Materials Charges or (ii) the original due date for Target Price payments, until paid (or in the case of any overpayment, from the date paid until refunded by Contractor). (c) Notwithstanding the foregoing, Owners may take advantage of any discount identified in Contractor’s invoice for prompt payment. If for any reason Owners fail Owner fails to pay Contractor for the all undisputed sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due datedate or, for disputed amounts, by the date required as set forth in (b)(i) above, Contractor shall notify Owner of the overdue payment, and a late payment charge shall accrue at a rate equal to [***]the Prime Rate plus one percent (1%) per annum. If Owners fail Owner fails to make payment of an any undisputed amount due within [***] seven (7) Days following the due datedate or fails to make payment of any disputed amount within seven (7) Days following the date set forth in (b)(i) above, or fail Contractor shall provide a second notice to Owner in writing. If Owner fails to make payment of the portion undisputed amount due within fifteen (15) Days following its receipt of a disputed payment as required by Section 8.5(b) within [***] of the date such payment is requiredthis second notice, Contractor shall have has the right to suspend performance of the Work until such time as such payment is made as if Owners Owner had ordered a suspension in accordance with Section 22.1. (d) Owner may take advantage of any discount identified in Contractor's invoice for prompt payment.

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the PartiesOwner. Contractor shall make available such documentation and materials as Owners Owner may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, require substantiating Contractor’s 's right to payment of an any invoice. If an any invoice is deficient in any material respect, Contractor may be required by Owners Owner to resubmit that invoice in proper form; provided, however, that Owners Owner shall pay such any portion of the invoice it that is not deficient and [***] of such portion of the invoice, if any, in or subject to dispute, as provided in Section 8.5(b). Owners Owner shall review each invoice and shall take make exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners Owner or (ii) [***] after Owners receive Owner receives the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide Owner provides no exceptions within such time, Owners Owner shall pay Contractor, Contractor within the time specified for payment above. (b) Payment shall not waive Owners’ Owner's right to dispute an invoice. Owners may only withhold Any amount of an invoice that Owner disputes shall be resolved in accordance with Article 27. (i) Should such dispute not be settled within [***] of the disputed portion of an invoice and such dispute due date, Owner shall be resolved in good faith in accordance with Article 27. pay[**]. (ii) Once the dispute is resolved, Owners Owner shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days [**] after the date of the final resolution, together with interest at a rate equal to [***], applied from the original due date of the payment [***] until paid (or in the case of any overpayment, from the date paid until refunded by Contractor). (c) Notwithstanding If for any reason Owner fails to pay Contractor for all undisputed sums due and owing by the foregoingdue date or, Owners for disputed amounts, by the date required as set forth in (b)(i) above, Contractor shall notify Owner of the overdue payment[**]. If Owner fails to make payment of any undisputed amount due within [**] following the due date or fails to make payment of any disputed amount within [**] following the date set forth in (b)(i) above, Contractor shall provide a second notice to Owner in writing. If Owner fails to make payment of the undisputed amount due within [**] following its receipt of this second notice[**]. “[**]” in this Exhibit 10.02 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. (d) Owner may take advantage of any discount identified in Contractor’s 's invoice for prompt payment. If for any reason Owners fail to pay Contractor for the sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due date, a late payment charge shall accrue at a rate equal to [***]. If Owners fail to make payment of an undisputed amount within [***] following the due date, or fail to make payment of the portion of a disputed payment as required by Section 8.5(b) within [***] of the date such payment is required, Contractor shall have the right to suspend performance of the Work until such time as such payment is made as if Owners had ordered a suspension in accordance with Section 22.1.

Supporting Documentation; Payment Disputes. (a) If requested by Owners, Contractor shall submit invoices in a format agreed to by the PartiesOwner. Contractor shall make available such documentation and materials as Owners Owner may reasonably require, including without limitation, if applicable, Contractor’s most accurate and current data concerning physical progress of the Work, require substantiating Contractor’s 's right to payment of an any invoice. If an any invoice is deficient in any material respect, Contractor may be required by Owners Owner to resubmit that invoice in proper form; provided, however, that Owners Owner shall pay such any portion of the invoice it that is not deficient and [***] of such portion of the invoice, if any, in or subject to dispute, as provided in Section 8.5(b). Owners Owner shall review each invoice and shall take make exceptions, if any, by providing Contractor with written notice by the earlier of (i) such date the invoice is paid by Owners Owner or (ii) [***] fifteen (15) Days after Owners receive Owner receives the invoice along with evidence which reasonably documents the contractual basis of such exceptions. If Owners provide Owner provides no exceptions within such time, Owners Owner shall pay Contractor, Contractor within the time specified for payment above. (b) Payment shall not waive Owners’ Owner's right to dispute an invoice. Owners may only withhold [***] of the disputed portion Any amount of an invoice and such dispute that Owner disputes shall be resolved in good faith in accordance with Article 27. . (i) Should such dispute not be settled within thirty (30) Days of the due date, Owner shall pay all disputed amounts including, without limitation, amounts disputed with respect to a Change (except Owner may hold back ten percent (10%) of disputed amounts which exceed one million dollars ($1,000,000)). (ii) Once the dispute is resolved, Owners Owner shall pay any additional amount due or Contractor shall refund any amount by which it was overpaid, as applicable, within thirty (30) Days after the date of the final resolution, together with interest at a rate equal to [***]the Prime Rate plus one percent (1%) per annum, applied from (i) the original due date of the payment [***] for Firm Price or Fixed Price payments and Time and Materials Charges or (ii) the original due date for Target Price payments, until paid (or in the case of any overpayment, from the date paid until refunded by Contractor). (c) Notwithstanding the foregoing, Owners may take advantage of any discount identified in Contractor’s invoice for prompt payment. If for any reason Owners fail Owner fails to pay Contractor for the all undisputed sums due and owing (other than [***] of the sums that are the subject of a good faith dispute) by the due datedate or, for disputed amounts, by the date required as set forth in (b)(i) above, Contractor shall notify Owner of the overdue payment, and a late payment charge shall accrue at a rate equal to [***]the Prime Rate plus one percent (1%) per annum. If Owners fail Owner fails to make payment of an any undisputed amount due within [***] seven (7) Days following the due datedate or fails to make payment of any disputed amount within seven (7) Days following the date set forth in (b)(i) above, or fail Contractor shall provide a second notice to Owner in writing. If Owner fails to make payment of the portion undisputed amount due within fifteen (15) Days following its receipt of a disputed payment as required by Section 8.5(b) within [***] of the date such payment is requiredthis second notice, Contractor shall have has the right to suspend performance of the Work until such time as such payment is made as if Owners Owner had ordered a suspension in accordance with Section 22.1.