Common use of Second Provisional Payment Clause in Contracts

Second Provisional Payment. If, at any time following the first provisional payment by Buyer to Seller for Materials under clause 8.1 and prior to the Final Payment Date for such Materials, the then-current provisional price for such Materials (as determined in accordance with clause 7.3) differs by more than 10% from the provisional price set forth in the provisional commercial invoice for such Materials, then a second provisional payment based on the latest known provisional pricing data shall be made either by Buyer to Seller, or by Seller to Buyer, as the case may be, and: (a) in the case of a difference in favor of Seller, the second provisional payment shall be made by Buyer upon presentation by ▇▇▇▇▇▇ of a second provisional commercial invoice that expressly requests the making of such second provisional payment to Seller, or (b) in the case of a difference in favor of ▇▇▇▇▇, the second provisional payment shall be made by Seller upon presentation by ▇▇▇▇▇ of a provisional commercial invoice that sets out the amount to be paid by Seller.

Second Provisional Payment. If, at any time following the first provisional payment by Buyer to Seller for Materials under clause 8.1 and prior to the Final Payment Date for such Materials, the then-current provisional price for such Materials (as determined in accordance with clause 7.3) differs by more than 10% from the provisional price set forth in the provisional commercial invoice for such Materials, then a second provisional payment based on the latest known provisional pricing data shall be made either by Buyer to Seller, Seller or by Seller to Buyer, as the case may be, and: (a) in the case of a difference in favor of Seller, the second provisional payment shall be made by Buyer upon presentation by ▇▇▇▇▇▇ of a second provisional commercial invoice that expressly requests the making of such second provisional payment to Seller, or (b) in the case of a difference in favor of ▇▇▇▇▇, the second provisional payment shall be made by Seller upon presentation by ▇▇▇▇▇ of a provisional commercial invoice that sets out the amount to be paid by Seller.