Common use of Payment Certifications Clause in Contracts

Payment Certifications. ‌ 17.2.2.1 As further security against stop notices, liens and claims for failure of Developer, any Design-Build Contractor, or any other prime Contractor for the Design Work and Construction Work to pay amounts due for work, services, materials, equipment and supplies, Developer shall deliver to IFA the items set forth in this Section. 17.2.2.2 Within 20 days after the end of each calendar month until Final Acceptance of all Project Sections, Developer shall deliver to IFA: a. A written certificate of Developer certifying as to all Design Work and Construction Work that each Design-Build Contractor, and all subcontractors, laborers, Suppliers, Utility Owners and other third parties, have been paid all amounts due to date under their respective Contracts or purchase agreements, except only for (i) services, materials and equipment provided in the immediately preceding month, (ii) retainage provided in the relevant Contract and (iii) amounts in honest dispute, and any amounts in honest dispute shall be set forth in detail in an attachment to the certificate; b. A written certificate and release signed by each Design-Build Contractor, each other prime Contractor for Design Work or Construction Work, and each subcontractor or Supplier that provided services, materials or equipment in the preceding month, certifying that it has received payment in full for all services, materials or equipment, except only for (i) that provided in the immediately preceding month, (ii) retainage and (iii) amounts in dispute, stating any amounts in dispute, and waiving and releasing any and all claims, liens or security interests, known or unknown, suspected or unsuspected, for payment arising out of such services, materials or equipment against IFA, the State, the East End Crossing and any Payment Bonds provided to IFA under this Section 17.2; and c. Certified payrolls submitted by each Design-Build Contractor, each other prime Contractor for Construction Work and each subcontractor to the Indiana Department of Labor certifying wages paid and compliance with applicable prevailing wage requirements. 17.2.2.3 If IFA does not receive any such certificate or certified payroll, it may require Developer to immediately increase the amount of the Payment Bond and Performance Security to such amount as IFA determines is appropriate to protect its interests and the East End Crossing.

Payment Certifications. ‌ 17.2.2.1 As further security against stop notices, liens and claims for failure of Developer, any Design-Build Contractor, or any other prime Contractor for the Design Work and Construction Work to pay amounts due for work, services, materials, equipment and supplies, Developer shall deliver to IFA the items set forth in this Section. 17.2.2.2 Within 20 twenty (20) days after the end of each calendar month until Final Acceptance of all Project SectionsAcceptance, Developer shall deliver to IFA: a. A written certificate of Developer certifying as to all Design Work and Construction Work that each Design-Build Contractor, and all subcontractors, laborers, Suppliers, Utility Owners and other third parties, have been paid all amounts due to date under their respective Contracts or purchase agreements, except only for (i) services, materials and equipment provided in the immediately preceding month, (ii) retainage provided in the relevant Contract and Contract, (iii) amounts in honest dispute, and any amounts in honest dispute shall be set forth in detail in an attachment to the certificate, and (iv) claims arising out of Relief Events which are either in process or for which the time periods for asserting such claims have not yet passed; b. A written certificate and release signed by each Design-Design- Build Contractor, each other prime Contractor for Design Work or Construction Work, and each subcontractor or Supplier that provided services, materials or equipment in the preceding month, certifying that it has received payment in full for of all services, materials amounts due under their respective Contracts or equipmentpurchase agreements, except only for (i) that provided in the immediately preceding monthamounts not yet due and payable, (ii) retainage and retainage, (iii) amounts in dispute, stating any amounts in dispute, and (iv) claims arising out of Relief Events which are either in process or for which the time periods for asserting such claims have not yet passed, and waiving and releasing any and all claims, liens or security interests, known or unknown, suspected or unsuspected, for payment arising out of such services, materials or equipment against IFA, the State, the East End Crossing Project and any Payment Bonds provided to IFA under this Section 17.2; and c. Certified payrolls submitted by each Design-Build Contractor, each other prime Contractor for Construction Work and each subcontractor to the Indiana Department of Labor certifying wages paid and compliance with applicable prevailing wage requirements. 17.2.2.3 If IFA does not receive any such certificate or certified payroll, it shall provide notice thereof to Developer, and if such certificate or certified payroll is not received within seven (7) days of such notice, it may require Developer to immediately increase the amount of the Payment Bond and Performance Security to such amount as IFA determines is appropriate to protect its interests and the East End CrossingProject no later than seven (7) days from the receipt of Notice from IFA.