FINAL SETTLEMENTS Clause Samples

FINAL SETTLEMENTS. The final settlement shall be made by the Agency for the purposes of Clause 21 of the General Conditions after that the Contractor has discharged his obligations under this Contract and subject to (a) the Contractor providing: i. Invoice(s); ii. Copies of supporting documents that may be required by Astrium as evidence of satisfactory contractual performance; iii. On behalf of his industrial consortium, either a list recapitulating the inventions made in the course of or resulting from work undertaken for the purpose of the Contract, or a formal statement that no invention has been made. iv. On behalf of his industrial consortium, a list of inventory items purchased by the Contractor for the purpose of this Contract, and inventoried in accordance with the provisions of Article 9 of the present Contract, complying with the requirements set forth in Appendix 2, Annex C. v. a statement of Sub-contractor’s penalties applications; vi. an end of project assessment report of the lessons learnt. The above provision applies without prejudice to the application of Article 6 above.
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FINAL SETTLEMENTS. MAC, approved by the Contractor - Invoice(s); - Receipt and/or acceptance, by the Agency, of all deliverable items, of the services to be rendered and other obligations to be fulfilled, in accordance with the terms of this Contract or under a Phase ( in case the Agency decides not to proceed further with the following Phase), in particular, with the provisions of Article 4 (Places and Dates of Delivery), Article 8, Clause 29 (Acceptance and Rejection), but apart from Article 8, Clause 30 (Guarantees) and continuing obligations under Part II of the GCC; - On behalf of the full industrial consortium: a list recapitulating all Intellectual Property Rights resulting from work undertaken within the scope of the Contract and which are suitable for registration in the meaning of Clause 40 of the GCC which are registered, intended for registration or not intended for registration; or, a formal statement that no Intellectual Property Right(s) suitable for registration in the above meaning has(ve) been generated, or is/are intended to be registered, using the template provided in Appendix 5 hereto. The term “invention” in Sub-Clause 21.1 of the GCC shall be construed as making reference to the definition of “Intellectual Property Rights” in Clause 36.2 of the GCC; - List of fixed assets acquired during the contract execution. The Agency shall pay the Sub-Contractor(s) directly upon presentation by the Contractor of the Sub-Contractor(‘s)(s’) invoices, in accordance with Clause 22 hereafter, with the certification of the Contractor thereon that the stage for which the payment is required has been satisfactorily completed. The Agency and TASF reserve the right to visit the Contractor’s and Sub-Contractor(‘s)(s’) premises and ascertain the progress of the work being performed under the Contract, prior to making the progress payment concerned. The Payment Plan and other financial conditions applicable to this Contract are specified in Appendix 1 hereto. If applicable, invoices shall separately show all due taxes or duties on a separate page. The period for payment shall begin on the date of receipt of all documents, and of fulfilment of the requirements referred to in paragraphs 1.2 to 1.4 above, at ESTEC Financial Operations. As regards the term “invention” in clause 21.1 of the GCC, it shall be construed as making reference to the definition of “Registered Intellectual Property Rights” in Sub-Clause 36.2 of the GCC. In the event that the achievement of a Milestone is ...
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FINAL SETTLEMENTS. The last payments are subject to the following conditions: 3.1 The PGSE acceptance and delivery by ALCATEL and fulfillment of the obligations defined here below §3.
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FINAL SETTLEMENTS. Any necessary adjustments to an initial settlement shall be included in a final settlement, issued by PSCo to Participants on the 7th day of the second month after the end of the Operating Month.
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FINAL SETTLEMENTS. The final settlement shall be made by the Agency/ASG for the purposes of Clause 21 of the General Conditions after that the Contractor has discharged his obligations under this Contract and subject to (a) the Contractor providing: i. Invoice(s); ii. Submitted Milestone Achievement Confirmation (MAC); iii. Copies of supporting documents that may be required by the Agency as evidence of satisfactory contractual performance; iv. Receipt and/or acceptance, by the Agency, of all deliverable items, of the services to be rendered and other obligations to be fulfilled, in accordance with the terms of this Contract, in particular, with the provisions of Article 4 (Acceptance and Delivery Requirements…), Article 8, Clause 29 (Acceptance and Rejection), but apart from Article 8, Clause 30 (Guarantees) and continuing obligations under Part II of the GCC; v. A final close-out report, Appendix F hereto. Such report shall include all CCNs and no-claims statement, as well as all vi-x elements mentioned below, and shall be signed by both parties to the Contract, in order to finally close out the contract. 1 As a result of a financial management reform, ESA has introduced a new supplier portal for ESA’s contractual partners. This portal – esa-p – does not in its roll-out phase, include a possibility to invoice an advance payment electronically. Until this feature is available (which will be announced on the portal) advance payments shall be requested using paper invoices as per procedure of Clause 22.
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Related to FINAL SETTLEMENTS

  • Final Settlement The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.

  • Final Settlement Statement (a) As soon as practical and, in any event, no later than ninety (90) calendar days after the Closing Date, Sellers shall prepare and deliver to Buyer a statement (the “Final Settlement Statement”) setting forth Sellers’ calculation of the adjustments to the Purchase Price in accordance with Section 2.04. The Final Settlement Statement shall be prepared in accordance with this Agreement and on a basis consistent with the preparation of the Closing Statement as described in Section 2.04(d), and shall set forth Sellers’ calculation of the Adjusted Purchase Price. (b) Following the delivery of the Final Settlement Statement, Sellers shall afford Buyer the opportunity to examine the Final Settlement Statement and Sellers’ calculation of the Adjusted Purchase Price, and such supporting schedules and analyses as are reasonably necessary and appropriate in connection with such review. Sellers shall cooperate with Buyer in such examination, including responding to questions asked by Buyer, and Sellers shall make available to Buyer any records under Sellers’ control that are requested by Buyer in connection with such review. (c) If, within thirty (30) calendar days following delivery of the Final Settlement Statement to Buyer, Buyer has not delivered to Sellers written notice (the “Objection Notice”) of Buyer’s objections to the Final Settlement Statement or Sellers’ calculation of the Adjusted Purchase Price (which Objection Notice in order to be valid must contain a statement describing in reasonable detail the items objected to, the basis of such objections and Buyer’s calculation of the amount(s) for the items objected to that Buyer asserts should be used for purposes of the Final Settlement Statement), then the Adjusted Purchase Price as set forth in such Final Settlement Statement shall be deemed final and conclusive. In addition, any of Sellers’ calculations of the Adjusted Purchase Price as set forth in the Final Settlement Statement which are not objected to in the Objection Notice shall be deemed final and conclusive. (d) If Buyer delivers the Objection Notice satisfying Section 2.06(c) above, within such thirty (30)-day period, then Sellers and Buyer shall endeavor in good faith to resolve the objections of Buyer set forth in the Objection Notice for a period not to exceed fifteen (15) calendar days from the date of delivery of the Objection Notice. If at the end of such fifteen (15)-day period there are any objections that remain in dispute, then either Buyer or Sellers may require by written notice to the other that the remaining objections in dispute be submitted for resolution to the Dallas, Texas office of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP or to such other independent accounting firm as may be selected jointly by Buyer and Sellers within the ten (10) calendar days following a written request by Buyer or Sellers (▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP or such jointly selected accounting firm, the “Referee”). The Referee’s engagement shall be limited to the resolution of disputed amounts set forth in the Final Settlement Statement that have been identified by Buyer in the Objection Notice, which resolution shall be in accordance with this Agreement and no other matter relating to the Final Settlement Statement shall be subject to determination by the Referee except to the extent affected by resolution of the disputed amounts. In connection with the engagement of the Referee, each of Buyer and Sellers shall execute any engagement, indemnity and other agreement as the Referee shall require as a condition to such engagement. If ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP is unable or unwilling to serve as the Referee and Buyer and Sellers are unable to agree upon the designation of a Person as substitute arbitrator, then Buyer or Sellers, or either of them, may in writing request the Bankruptcy Court to appoint the substitute referee; provided that such Person so appointed shall be a national or regional accounting firm with no prior material relationships with Buyer or Sellers or their respective Affiliates and shall have experience in auditing companies engaged in oil and gas wellsite service activities. (e) The Referee shall determine such items of the calculation of the Adjusted Purchase Price as are disputed within thirty (30) calendar days after the objections that remain in dispute are submitted to it. (f) If any disputed items are submitted to the Referee for resolution, (i) each of Buyer and Sellers shall furnish to the Referee such workpapers and other documents and information relating to such disputed items as the Referee may request and are available to that Party or its Affiliates (or its independent public accountants) and will be afforded the opportunity to present to the Referee any materials relating to the determination of the matters in dispute and to discuss such determination with the Referee prior to any written notice of determination hereunder being delivered by the Referee; (ii) the Referee shall not assign a value to such objection that is greater than the greatest value for such objection claimed by either Party or less than the smallest value for such objection claimed by either Party; (iii) the determination by the Referee of items of the calculation of the Adjusted Purchase Price, as applicable, as set forth in a written notice delivered to Sellers and Buyer by the Referee, shall be made in accordance with this Agreement and shall be binding and conclusive on the Parties and shall constitute an arbitral award that is final, binding and unappealable (absent manifest error or fraud) and upon which a judgment may be entered by a court having jurisdiction thereof; and (iv) the fees and expenses of the Referee (the “Audit Fees”) shall be paid by and apportioned between Buyer and Sellers based on the aggregate dollar amount in dispute and the relative recovery as determined by the Referee or Sellers and Buyer, respectively (such that, by way of example, if the amount in dispute is $100 and it is resolved $70 in favor of Buyer and $30 in favor of Sellers, then Sellers would bear 70% of the Audit Fees and Buyer would bear 30% of the Audit Fees).

  • Full and Final Settlement 21.1 This agreement is in full and final settlement of all Union or employee claims relating to employee rights and entitlements. Accordingly, the Union or employees shall not pursue any extra claims, nor take any industrial or protest action concerning any matter explicitly or implicitly dealt with in this agreement. 21.2 In any event: (a) Any work that commences or resumes on a day or shift following a stoppage of work not authorised by management, shall attract ordinary time rates of pay until the full duration of the normal ordinary time period has actually been worked, so that employees shall not be over compensated for work that would have been done in ordinary time but for the stoppage. (b) The Union or employees under this agreement shall not encourage or incite employees (or other persons) not covered by this agreement to take industrial or protest action of any kind.

  • Contractual Settlement Unless the parties agree to the contrary, the Custodian will attend to the settlement of securities transactions in accordance with the Custodian's standard operating procedure, on the basis of either contractual settlement date accounting or actual settlement date accounting. To the extent the Custodian settles certain securities transactions on the basis of contractual settlement date accounting, the Custodian may reverse with back value to the contractual settlement date any entry relating to such contractual settlement if the Custodian reasonably believes that such amount will not be received.

  • Cash Settlement If Cash Settlement is applicable to any Option exercised or deemed exercised hereunder, in lieu of Section 8.1 of the Equity Definitions, Dealer will pay to Counterparty, on the relevant Settlement Date for each such Option, an amount of cash (the “Cash Settlement Amount”) equal to the sum, for each Valid Day during the Settlement Averaging Period for such Option, of (i) the Daily Option Value for such Valid Day, divided by (ii) the number of Valid Days in the Settlement Averaging Period.