Common use of Discounts, Rebates and Refunds Clause in Contracts

Discounts, Rebates and Refunds. 1. Cash discounts obtained on payments made by Construction Contractor shall accrue to Owner if (i) before making the payment, Construction Contractor included them in an application for payment and received payment therefor from Owner, or (ii) Owner has deposited funds with Construction Contractor with which to make payments; otherwise, cash discounts shall accrue to Construction Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to Owner, and Construction Contractor shall make provisions so that they can be secured. Construction Contractor shall use its best efforts to obtain for the benefit of Owner all available discounts, rebates and refunds.

Appears in 15 contracts

Samples: Standard Construction Management Contract, Standard Construction Management Contract, Standard Construction Management Contract

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