Complete Application. Contractor shall provide with each Application for Payment: (a) a spreadsheet or other evidence reasonably satisfactory to Owner demonstrating that the costs set forth in the Application for Payment have actually been incurred; and (b) a budget-to-actual comparison report. In addition, upon Owner’s request, Contractor shall provide copies of: (1) for any line item expenditure in excess of $1,000,000 in a given month, copies of the invoices identifying the amount payable or paid to the applicable Subcontractor(s) or bills or other statements identifying the costs payable or paid; and (2) such other supporting documentation for the draw as Owner may reasonably request. For avoidance of doubt, Contractor may submit an Application for Payment for amounts incurred but not yet actually paid. In such event, upon receipt of the requested progress payment from Owner, Contractor shall promptly pay the amounts subject to applicable Application for Payment and, upon Owner’s request, Contractor shall thereafter provide: (A) reasonable proof of payment by Contractor of the amount shown on each such invoice, tax bill or statement; (B) at Owner’s request, where applicable, a conditional lien waiver and release in form and content reasonably satisfactory to Owner from Contractor and each Subcontractor relating to all Work for which the Application For Payment is being made; and (C) at Owner’s request, where applicable, an unconditional lien waiver and release in form and content reasonably satisfactory to Owner from Contractor and each Subcontractor (relating to all Work covered by previously paid Applications for Payment) . Notwithstanding the foregoing, in lieu of the lien releases, Builder may instead deliver to Owner a certificate, signed by an authorized agent or officer of Builder, confirming that the applicable Contractor and/or Subcontractor has been paid.
Appears in 4 contracts
Sources: Master Construction Agreement (Millrose Properties, Inc.), Master Construction Agreement (Millrose Properties, Inc.), Master Construction Agreement (Millrose Properties, Inc.)