Termination reference date Sample Clauses
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 requ...
Termination reference date. (a) Despite anything else in the Agreement to the contrary or which would otherwise limit the operation of this paragraph (including termination of the Agreement), in the event of termination of the Agreement for any reason, the Contractor is entitled to make a single Payment Claim in accordance with clause 9 (whether or not the Contractor has satisfied the Claim Preconditions 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’). For clarity, nothing prevents Council from setting off or withholding any amount arising out of, or in connection with, a failure of the Contractor to satisfy any Claim Precondition, where such failure is also a breach of this Agreement or results in any other Claim of Council against the Contractor.
(b) The Contractor may only include in the Payment Claim contemplated by this clause 29 (such Claim to be assessed in accordance with the Agreement, including being subject to clause 27), any amount which is due and payable to the Contractor under the Agreement in respect of Services properly undertaken prior to or on the Termination Reference Date.
(c) Council must not assess any other amounts and Council shall have no obligation to pay another amount, including additional amounts contemplated under clause 28, until such time as the Payment Claim contemplated by this clause 29 has been made and assessed in a payment schedule by Council (or the time for making such a Payment Claim has elapsed under the Security of Payment Act).
(d) The parties acknowledge and agree that where the Agreement 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.
(e) At any time following a termination, including after the submission and assessment of any Payment Claim contemplated by this clause 29, Council may issue a payment schedule, including to assess any amounts owing either to Council from the Contractor, or to the Contractor from Council, as the case may be.
(f) Any amount owing under the payment schedule must be paid by the Contractor to Council, or Council to the Contractor, as the case may be, within 15 Business days of the date of the payment schedule. The Contractor agrees that:
(a) at any time, Council may request the Contractor to provide a completed...
Termination reference date. This clause shall only apply to the extent that the Security of Payment Act applies to the Contract.