Common use of Payment Schedule Clause in Contracts

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment according to the Contractor's schedule of values, less 10% retainage to be held until final payment. 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; (f) successful Final Completion inspection by the Owner as provided in Article 6.4. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement.

Appears in 14 contracts

Sources: Contract for Construction, Contract for Construction, Contract for Construction

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment according to the Contractor's schedule of values, less 10% retainage to be held until final payment. 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; (f) successful Final Completion inspection by the Owner as provided in Article 6.46.5. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement.

Appears in 5 contracts

Sources: Contract for Construction, Contract for Construction, Contract for Construction

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment according to the Contractor's schedule of values, less 10% retainage to be held until final payment. 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; ; receipt of as-built drawings in AutoCadd format; One (f1) set prints, with One (1) CD with drawings saved to DWG file with pen settings and as a PLT file. successful Final Completion inspection by the Owner as provided in Article 6.46.5. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement.

Appears in 2 contracts

Sources: Contract for Construction, Contract for Construction

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment according to the Contractor's schedule of values, less 10% retainage to be held until final payment. 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; (f) ; successful Final Completion inspection by the Owner as provided in Article 6.4. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement. Contractor shall provide list of all sub-contractors.

Appears in 2 contracts

Sources: Contract for Construction, Contract for Construction

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment, or accepted Payment Application Form by the Owner, according to the Contractor's schedule of values, less 10% retainage to be held until final payment. At a minimum, invoices shall contain the identity of the provider of the services, the date of the services, a description of the services, and any applicable taxes. 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule.Contractor 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion of the punch list; (b) acceptance and occupancy of the projectproject and certificates of occupancy are received; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; (f) receipt of (two (2) copies detailed, hand drawn as-built drawings on provided print documents and one of the two copies in electronic PDF format on (USB) Flash drive (g) successful Final Completion inspection by the Owner as provided in Article 6.4. 6.5. (h) satisfactory completion of all terms and conditions of this agreement. 6.4 Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor subcontractors and shall indemnify and hold harmless Owner CCPRC from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractorssubcontractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner CCPRC from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement.

Appears in 1 contract

Sources: Contract

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment according to the Contractor's schedule of values, less 10% retainage to be held until final payment. 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; ; receipt of as-built drawings in AutoCadd format; One (f1) set prints, with One (1) CD with drawings saved to DWG file with pen settings and as a PLT file. successful Final Completion inspection by the Owner as provided in Article 6.46.5. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement.

Appears in 1 contract

Sources: Contract for Construction

Payment Schedule. 6.1 The Owner shall pay the Contractor monthly progress payments within 30 days of receipt of approved AIA Document/ Application and Certification of Payment, or accepted Payment Application Form by the Owner, according to the Contractor's schedule of values, less 10% retainage to be held until final payment.. At a minimum, invoices shall contain the identity of the provider of the services, the date of the services, a description 6.2 The Contractor shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule.Contractor 6.3 Final payment shall be made within thirty (30) days after the last of the following: (a) completion Completion of the punch list; (b) acceptance Acceptance and occupancy of the projectproject and certificates of occupancy are received; (c) submission Submission of final Subcontractor/supplier lien releases; (d) submission Submission and approval of final invoice; (e) submission Submission of all product warranties and operating manuals; (f) Receipt of two (2) copies detailed, as-built drawings, and an electronic copy on flash drive of as-built drawings stamped by contractor as “as-built”. As Builts to be provided in AutoCAD 2010 or greater and a PDF format copy. (g) successful Final Completion inspection by the Owner as provided in Article 6.4. 6.5. (h) satisfactory completion of all terms and conditions of this agreement. 6.4 Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor subcontractors and shall indemnify and hold harmless Owner CCPRC from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractorssubcontractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner CCPRC from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreement.

Appears in 1 contract

Sources: Construction Contract

Payment Schedule. 6.1 ‌ 16.1 The Owner OWNER shall pay make payments to the Contractor monthly progress payments SUPPLIER according to the price breakdown of the various pieces of equipment as bid by the SUPPLIER and in accordance with Schedule 1, attached. Invoices shall be prepared and submitted in accordance with paragraph 19 of Section 00 70 00, "Payments To SUPPLIER". The SUPPLIER shall prepare and submit invoices for the Work with evidence substantiating completion. The properly prepared and documented invoices submitted in accordance with the above shall be paid by the OWNER within 30 45 days of receipt or within 10 days of approved AIA Document/ Application OWNER receiving payment from the OWNER, whichever is later. Payment procedures and Certification documentation as required for payments as stipulated in Schedule 1 shall prevail over any payment conditions, procedures, modalities as may be written in any other part of Payment the CONTRACT DOCUMENTS. 16.2 The OWNER may withhold, or, on account of subsequently discovered evidence, may refuse payment and offset the whole or part of any invoice to such extent as may be necessary to protect it from loss on account of: a. Defective material or equipment; b. Failure of the SUPPLIER to make payments due to subcontractors; c. Unsatisfactory prosecution of the work by the SUPPLIER, according to the Contractor's schedule agreed upon schedule; d. Invoicing which is incorrect; or e. Overcharges in violation of values, less 10% retainage to be held until final paymentthe terms and conditions of this Agreement. 6.2 The Contractor shall, before submission f. Assessment of the first Application liquidated damages for Payment, submit to the Owner a schedule late delivery or startup Any such withholding of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made noticed in writing by the OWNER including a statement of reasons for withholding, and what remedial actions may be taken by the SUPPLIER to receive full payment. A copy of such notice shall be sent to SUPPLIER within thirty eight (30) 8) working days after the last OWNER’s receipt of the following: (a) completion of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; (f) successful Final Completion inspection by the Owner as provided in Article 6.4. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, and all known indebtedness connected with the Contractor's work have been satisfied. Contractor shall promptly pay all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from ContractorSUPPLIER’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreementpayment request.

Appears in 1 contract

Sources: Supply Agreement

Payment Schedule. 6.1 Payment in Full The Owner shall Payment Schedule sets forth the full amount required to pay the Contractor monthly progress payments within 30 days Obligations in full, including all principal, accrued and unpaid interest at the rate or rates provided in the Note, the late charge determined in accordance with Section 2.2, and all fees, costs and other amounts payable under the Note and the other Loan Documents, calculated through the due date of the final Scheduled Payment on the basis that each Scheduled Payment is received when due. The aggregate amount of the Scheduled Payments is referred to herein as the “Scheduled Payoff Amount.” Notwithstanding anything to the contrary in this Agreement or in any Loan Document, upon Payee’s receipt of approved AIA Document/ Application each Scheduled Payment on or before its due date (or within the cure period provided in Section 4.3): (a) the Obligations shall be deemed indefeasibly paid and Certification of Payment according satisfied in full, subject only to Section 9; (b) neither Maker nor Guarantor shall owe any further principal, interest, Default Rate interest, late charge, fee, cost, attorneys’ fee, expense or other amount with respect to the Contractor's schedule of valuesNote or the other Obligations, less 10% retainage to be held until final payment.whether under this Agreement, any Loan Document or otherwise; and 6.2 The Contractor (c) Payee shall, before submission of the first Application for Payment, submit to the Owner a schedule of values of the various parts of the work aggregating the total sum of this Contract, made out in such detail as the Contractor at Maker’s expense and Owner may agree upon, or as required by the Owner and, if required, supported by such evidence as to its correctness as the Owner may direct. This schedule, when approved by the Owner, shall be used as a basis for Applications for Payment, unless it is found to be in error. In applying for payment, the Contractor shall submit a statement based upon this schedule. 6.3 Final payment shall be made within thirty (30) calendar days after thereafter, return the last original Note to Maker marked “paid in full” (or, if the original Note cannot be located, deliver a customary lost note affidavit), authorize the filing of UCC-3 termination statements with respect to the security interests granted under the Security Agreement, and confirm in writing the release of the following: (a) completion Guaranty. For avoidance of doubt, if any Scheduled Payment is not received in full on or before expiration of the punch list; (b) acceptance and occupancy of the project; (c) submission of final Subcontractor/supplier lien releases; (d) submission and approval of final invoice; (e) submission of all product warranties and operating manuals; (f) successful Final Completion inspection by the Owner as applicable cure period provided in Article 6.4Section 4.3, neither the Final Payment nor the Scheduled Payoff Amount set forth on Schedule A shall be construed to cap, compromise, settle, discharge, satisfy or otherwise limit the Obligations. Before the issuance of any monthly progress payments and/or final payment, the Contractor, if required by the Owner, The Obligations shall submit evidence, including, but not limited to, waivers of lien, satisfactory to the Owner that all payrolls, material bills, remain determined and all known indebtedness connected enforceable in accordance with the Contractor's work have been satisfied. Contractor shall promptly pay Loan Documents, with credit for all suppliers and sub-contractor and shall indemnify and hold harmless Owner from any and all sources of claims arising from Contractor’s failure to promptly pay its suppliers and Contractors. Additionally and to the fullest extent allowed payments actually received by South Carolina Law, Contractor shall indemnify and hold harmless Owner from any and all manner of claims (including reasonable attorney’s fees) allegedly covered in whole or in part or arising from in whole or impart the Contractor’s negligence, failure, errors, omissions, tortuous conduct, breach of standards or customs or codes or any duties arising under this agreementPayee.

Appears in 1 contract

Sources: Limited Forbearance Agreement and Reaffirmation of Loan Documents (Onfolio Holdings, Inc)