Payment and Acceptance. No payment, final or otherwise, nor partial or entire use, occupancy, or acceptances of the Work by the City shall be an acceptance of any work or material not in accordance with the Contract, nor shall the same relieve the Contractor of any responsibility for any faulty material or workmanship or operate to release the Contractor or its surety from any obligation under the Contract or the Performance Bond or the Labor and Material Payment Bond.
Payment and Acceptance. Any payment issued before Final Acceptance does not constitute as evidence of Corporation’s acceptance of any work performed or act as a waiver of Corporation’s rights to make future claims for improper or incorrect invoiced amounts from Contractor.
Payment and Acceptance. User Agency agrees to pay Contractor in arrears for all undisputed amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and Services have been accepted by the User Agency as hereinafter provided. User Agency shall provide Contractor prompt written notice of any discrepancy or error in the invoice and Contractor shall work in good faith to correct any such discrepancy or error. User Agency shall remain responsible to make payment for undisputed charges. Contractor shall not invoice User Agency in advance of Contractor’s deliverance/performance of the items and/or services that are the subject of the invoice. Contractor shall deliver the Equipment and/or perform any services in accordance with the schedule set forth in the Statewide Contract or the time specified in Attachment 1 (whichever is later). Unless otherwise agreed to by Contractor and the User Agency, Contractor shall provide written notification of completion of the delivery, installation and any other required services to the User Agency (“Delivery/Installation Notice”). User Agency shall have thirty (30) days from the date of receipt of the Delivery/Installation Notice to provide Contractor with written notification of acceptance or rejection due to unsatisfactory performance (“Acceptance Period”), and in the event of acceptance by the User Agency, the obligation to pay shall be effective on the first (1st) day of the Acceptance Period. The failure of the User Agency to issue an acceptance or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the Equipment or services. In the event User Agency issues a rejection notice, Supplier shall, as quickly as is practicable, correct at its expense all deficiencies caused by Contractor. User Agency shall not unreasonably withhold or delay such acceptance or rejection.
Payment and Acceptance. Company shall pay Jabil all amounts when due, including all Non-Recurring Engineering Costs (“NRE Costs”), that Jabil may incur in the performance of the Manufacturing Services. Company shall pay Jabil all invoiced amounts within [***] from the date of Jabil’s invoice therefor. Payment to Jabil shall be in U.S. dollars and in immediately available funds. In the event any amounts are invoiced or paid in a different currency, the process in Schedule 3 “Currency Policy” will apply. In the event of cancellation, expiration or termination of this Letter Agreement for any reason, Company shall remain liable for all fees, costs of material and expenses incurred by Jabil as set forth herein up to and including the date of such cancellation, expiration or termination. Company will be deemed to have accepted any Product (as defined in Section 4 below) prepared as part of the Manufacturing Services unless, within ten (10) days following Jabil’s delivery of such Product, Company provides a detailed written notice, as referenced in Section 15 herein, setting forth the manner in which such Product materially fails to comply with the SOW. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Payment and Acceptance. In payment for the Intellectual Property and ---------------------- Transferred Property and assumption of the liabilities in Exhibits 1, 2, 3 and -------------------- 4, the Company hereby agrees to issue to Assignor 7,000,000 shares of its Series - A Preferred Stock, 500,000 shares of its Common Stock upon the execution of this Agreement, and a promissory note in the principal amount of $1,225,000, in substantially the form attached hereto as Exhibit B. ---------
Payment and Acceptance. Redback shall pay Jabil all amounts when due, including all Non-Recurring Engineering Costs ("NRE Costs"), that Jabil may incur in the performance of the Manufacturing Services. Redback shall pay Jabil all undisputed invoiced amounts within thirty (30) days from the date of Jabil's invoice therefor. Redback may only dispute an invoice provided that Redback notifies Jabil in writing, within three (3) business days after the date of receipt, that the invoice contains a material error that impedes payment thereof. Such notification shall identify the alleged error in the invoice, a justification for considering this error material, together with any supporting documentation. Redback will remain liable and will issue payment without delay in accordance to this Section for any undisputed portions or amounts in the invoice. In the event of cancellation, expiration or termination of this Letter Agreement for any reason, Redback shall remain liable for all fees, costs of material and expenses incurred by Jabil as set forth herein up to and including the date of such cancellation, expiration or termination. Redback will be deemed to have accepted any Product (as defined in Section 4 below) prepared as part of the Manufacturing Services unless, within ten (10) days following Jabil's delivery of such Product, Redback provides a detailed written notice, as referenced in Section 15 herein, setting forth the manner in which such Product - fails to comply with the SOW.
Payment and Acceptance
