Criminal Intent Sample Clauses

Criminal Intent. False statements by Employer such as “the check is in the mail”, shall be deemed as unacceptable, deceptive and fraudulent, with criminal intent, unless Employer provides Contractor with written evidence of Certificate of Mailing, Certified Mail, Priority Mail, or Express Mail, with tracking number and Delivery Confirmation, and number of the enclosed signed check. Failure to respond by cutoff time or due date to invoices or requests for payment, status, answers, documents or information, or submitting an unsigned or defective check, shall be evidence of Bad Faith and unfair business practices by Employer. Failure to respond by due date to a second request, notice or Demand for Payment shall be evidence of criminal intent by Employer and a deliberate attempt to hinder, delay, evade, divert or defraud Contractor of valuable time, effort, resources and services rendered for the unfair advantage, benefit and unjust enrichment of Employer, at the expense of Contractor. Contractor may use Certified Mail, Delivery Confirmation, email or efax receipt as evidence of delivery and receipt of documents and notices by Employer. Any illegal or unauthorized taking, custody, possession, use, misappropriation, delay or withholding of Contractor’s funds, shall be evidence of criminal intent.