Common use of Termination reference date Clause in Contracts

Termination reference date. ‌ (a) Notwithstanding anything else in this Contract to the contrary or which would otherwise limit the operation of this clause (including termination of the Contract), in the event of termination of the Contract for any reason, the Contractor is entitled to make a single Payment Claim in accordance with Clause A.33 (whether or not the Contractor has satisfied the preconditions to be satisfied under Clause A.33.8 which would otherwise apply in respect of that Payment Claim) on and from the termination date, such termination date being considered a ‘reference date’ for the purposes of the Security of Payment Act (‘Termination Reference Date’). (b) For the avoidance of doubt, nothing prevents the Principal or the Superintendent setting off or withholding any amount arising out of, or in connection with, the Contractor’s failure to satisfy any preconditions to be satisfied under Clause A.33.8, where such failure is also a breach of the Contract or results in any other Claim of the Principal against the Contractor. (c) The Contractor may only include in the Payment Claim contemplated by this Clause A.24.6 (such Claim to be assessed in accordance with the Contract, including being subject to Clause A.40), any amount which is due and payable to the Contractor under the Contract in respect of the Works properly undertaken prior to or on the Termination Reference Date. (d) Unless instructed by the Principal to act otherwise, the Superintendent must not assess any other amounts and the Principal shall have no obligation to pay another amount, including additional amounts contemplated under Clause A.24, until such time as the Payment Claim contemplated by this Clause A.24.6 has been made and assessed in a payment schedule by the Superintendent (or the time for making such a Payment Claim has elapsed under the Security of Payment Act). (e) The parties acknowledge and agree that where the Contract is terminated for any reason the Termination Reference Date will be the sole and final ‘reference date’ under the Security of Payment Act to survive beyond termination. (f) At any time following a termination, including after the submission and assessment of any Payment Claim contemplated by this Clause A.24.6, the Principal may request the Superintendent to issue a payment schedule, including to assess any amounts owing either to the Principal from the Contractor, or to the Contractor from the Principal, as the case may be. Within 15 Business Days of receipt of such a request, the Superintendent must issue a payment schedule to the Principal and the Contractor. Any amount owing under the payment schedule must be paid by the Contractor to the Principal, or the Principal to the Contractor, as the case may be, within 15 Business Days of the date of the payment schedule.

Termination reference date. ‌ (a) Notwithstanding anything else in this Contract to the contrary or which would otherwise limit the operation of this clause Clause A.26.6 (including termination of the Contract), in the event of termination of the Contract for any reason, the Contractor Consultant is entitled to make a single Payment Claim in accordance with Clause A.33 A.9 (whether or not the Contractor Consultant has satisfied the preconditions to be satisfied under Clause A.33.8 A.9.11 which would otherwise apply in respect of that Payment Claim) on and from the termination date, such termination date being considered a ‘reference date’ for the purposes of the Security of Payment Act (‘Termination Reference Date’). (b) For the avoidance of doubt, nothing prevents the Principal or the Superintendent Client’s Nominated Representative setting off or withholding any amount arising out of, or in connection with, the ContractorConsultant’s failure to satisfy any preconditions to be satisfied under Clause A.33.8A.9.11, where such failure is also a breach of the Contract or results in any other Claim of the Principal Client against the ContractorConsultant. (c) The Contractor Consultant may only include in the Payment Claim contemplated by this Clause A.24.6 A.26.6 (such Claim to be assessed in accordance with the Contract, including being subject to Clause A.40A.39), any amount which is due and payable to the Contractor Consultant under the Contract in respect of the Works Services properly undertaken prior to or on the Termination Reference Date. (d) Unless instructed otherwise by the Principal to act otherwiseClient, the Superintendent Client’s Nominated Representative must not assess any other amounts and the Principal Client shall have no obligation to pay another amount, including additional amounts contemplated under Clause A.24A.26, until such time as the Payment Claim contemplated by this Clause A.24.6 A.26.6 has been made and assessed in a payment schedule by the Superintendent Client’s Nominated Representative (or the time for making such a Payment Claim has elapsed under the Security of Payment Act). (e) The parties acknowledge and agree that where the Contract is terminated for any reason the Termination Reference Date will be the sole and final ‘reference date’ under the Security of Payment Act to survive beyond termination. (f) At any time following a termination, including after the submission and assessment of any Payment Claim contemplated by this Clause A.24.6A.26.6, the Principal Client may request the Superintendent Client’s Nominated Representative to issue a payment schedule, including to assess any amounts owing either to the Principal Client from the ContractorConsultant, or to the Contractor Consultant from the PrincipalClient, as the case may be. Within 15 Business Days of receipt of such a request, the Superintendent Client’s Nominated Representative must issue a payment schedule to the Principal Client and the ContractorConsultant. Any amount owing under the payment schedule must be paid by the Contractor Consultant to the PrincipalClient, or the Principal Client to the ContractorConsultant, as the case may be, within 15 Business Days of the date of the payment schedule.