SOP Act Clause Samples

SOP Act. (a) This clause applies if the SOP Act applies to the Contract. (b) For the purposes of section 17(3) of the SOP Act, the Contractor irrevocably chooses the Resolution Institute as the "authorised nominating authority" (as that term is defined in the SOP Act) for any adjudication application it may make under the SOP Act in respect of the subject matter of the Contract. (c) When an adjudication occurs under the SOP Act, and the Principal has paid an adjudicated amount to the Contractor: (i) the amount will be taken into account by the Principal's Representative in issuing a payment schedule under clause 12.3; and (ii) if it is subsequently determined pursuant to the Contract that the Contractor was not entitled under the Contract to payment of some or all of the adjudicated amount that was paid by the Principal ("overpayment"), the overpayment will be a debt due and payable by the Contractor to the Principal which the Contractor must pay to the Principal upon demand and in respect of which the Contractor is not entitled to claim or exercise any set-off, counterclaim, deduction or similar right of defence. (d) Without limiting clause 12.9, the Principal may withhold any amount that is less than or equal to the amount claimed to be owed under a payment withholding request served on the Principal pursuant to Division 2A of the SOP Act. (e) If the Principal withholds from money otherwise due to the Contractor any amount that is less than or equal to the amount claimed to be owed under a payment withholding request served on the Principal pursuant to Division 2A of the SOP Act, then: (i) the Principal may lead and rely upon Division 2A of the SOP Act as a defence to any Claim for the money by the Contractor from the Principal; and (ii) the period during which the Principal retains money due to the Contractor pursuant to an obligation under Division 2A of the SOP Act will not be taken into account for the purpose of determining: A. any period for which money owed by the Principal to the Contractor has been unpaid; and B. the date by which payment of money owed by the Principal to the Contractor must be made. (f) The Contractor agrees not to commence proceedings to recover any amount withheld by the Principal pursuant to a payment withholding request served on the Principal in accordance with Division 2A of the SOP Act. (g) Any amount paid by the Principal pursuant to section 26C of the SOP Act will be a debt due from the Contractor to the Principal. (h) If the P...
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SOP Act. (a) This clause applies if the SOP Act applies to the Contract. (b) For the purposes of section 17(3) of the SOP Act, the Contractor irrevocably chooses the Resolution Institute as the "authorised nominating authority" (as defined in the SOP Act).
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SOP Act. This clause applies if the SOP Act applies to this Agreement.‌ (a) The Supplier agrees with the Client that the date prescribed in clause 10.1 as the date on which the Supplier must make a payment claim is, for the purposes of section 8 of the SOP Act, the "reference date" (as defined in the SOP Act). (b) For the purposes of section 17(3) of the SOP Act, the Supplier irrevocably chooses the Resolution Institute as the "authorised nominating authority" (as that term is defined in the SOP Act) for any adjudication application it may make under the SOP Act in respect of the subject matter of this Agreement 12 Provision of electronic documentation‌ If required by the Supplier, all Design Documentation and other documents or information shall be transmitted for review and approval via electronic means. The parties shall ensure that only its authorised personnel have access to the application.‌
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SOP Act. This clause 12.6 only applies if, and to the extent that, the SOP Act applies to this Agreement. Capitalised terms in this clause 12.6 which are not otherwise defined in this Agreement have the meaning given by the SOP Act. Business Day in this clause 12.6 has the same meaning as in the SOP Act. The Participant acknowledges and agrees that: the Reference Dates for the purpose of this Agreement are each date on which the Participant achieves a Milestone as specified in the Milestone Schedule; the Department must within 10 Business Days of receipt of a Payment Claim: determine the amount of the Participant's entitlement being the Department's assessment of the Funds then due and payable minus the amount of any debt due to the Department, or any claim by the Department against the Participant or any amount which the Department may otherwise be entitled to set off, withhold or deduct; and provide a Payment Schedule which: identifies the Payment Claim to which the Payment Schedule relates; indicates the amount of the payment the Department proposes to make; and if the amount the Department proposes to pay is less than the claimed amount, indicates why the amount proposed to be paid is less and (if it is less because the Department is withholding payment for any reason), the Department's reasons for withholding payment; Progress Payments under this agreement become due and payable in accordance with Item 6.2 of Schedule 1; and the value of work carried out under the Agreement is to be determined in accordance with Item 6.2 of Schedule 1, subject to Item 6.1(a) of Schedule 1. Other Contributions The Participant must: within 20 Business Days after the Date of this Agreement, provide to the Department satisfactory written evidence that the Other Contributions set out in Item 6.4 of Schedule 1 will be provided, including the person or entity providing the contribution, the nature and value of the contribution, the due dates for each of these contributions and the terms and conditions that apply. if requested by the Department, promptly provide to the Department copies of any written arrangements entered into, or proposed to be entered into, in respect of the Other Contributions; ensure that the terms on which any Other Contributions are provided to the Participant for, or in connection with, the Project are not inconsistent with the terms of this Agreement and do not in any way limit or affect the Participant's ability to comply strictly with its obligations, or the...
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SOP Act. This clause 12.6 only applies if, and to the extent that, the SOP Act applies to this Agreement. Capitalised terms in this clause 12.6 which are not otherwise defined in this Agreement have the meaning given by the SOP Act. Business Day in this clause 12.6 has the same meaning as in the SOP Act. The Participant acknowledges and agrees that: (i) the Reference Dates for the purpose of this Agreement are each date on which the Participant achieves a Milestone as specified in the Milestone Schedule; (ii) the Department must within 10 Business Days of receipt of a Payment Claim: (A) determine the amount of the Participant's entitlement being the Department's assessment of the Funds then due and payable minus the amount of any debt due to the Department, or any claim by the Department against the Participant or any amount which the Department may otherwise be entitled to set off, withhold or deduct; and (B) provide a Payment Schedule which: (I) identifies the Payment Claim to which the Payment Schedule relates; (II) indicates the amount of the payment the Department proposes to make; and (III) if the amount the Department proposes to pay is less than the claimed amount, indicates why the amount proposed to be paid is less and (if it is less because the Department is withholding payment for any reason), the Department's reasons for withholding payment; (iii) Progress Payments under this agreement become due and payable in accordance with Item 6.2 of Schedule 1; and (iv) the value of work carried out under the Agreement is to be determined in accordance with Item 6.2 of Schedule 1, subject to Item 6.1(a) of Schedule 1.
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Related to SOP Act

  • OWNERSHIP ACT The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act,1972. The Promoter showing compliance of various laws/regulations as applicable in the State of West Bengal.

  • APARTMENT OWNERSHIP ACT The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter showing compliance of various laws/regulations as applicable in the State of West Bengal.

  • Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

  • ▇▇▇▇▇ Act Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.

  • ▇▇▇▇▇▇ Act Any provisions required to be contained in this Agreement by Section 126 and/or Section 130-k or Article 4-A of the New York Real Property Law are hereby incorporated herein, and such provisions shall be in addition to those conferred or imposed by this Agreement; provided, however, that to the extent that such Section 126 and/or 130-k shall not have any effect, and if said Section 126 and/or Section 130-k should at any time be repealed or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, said Section 126 and/or Section 130-k shall cease to have any further effect upon the provisions of this Agreement. In a case of a conflict between the provisions of this Agreement and any mandatory provisions of Article 4-A of the New York Real Property Law, such mandatory provisions of said Article 4-A shall prevail, provided that if said Article 4-A shall not apply to this Agreement, should at any time be repealed, or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, such mandatory provisions of such Article 4-A shall cease to have any further effect upon the provisions of this Agreement.