Common use of Progress Payment Certificate Clause in Contracts

Progress Payment Certificate. (a) Upon receipt of TxDOT’s response under Section 12.4.6, Developer may request TxDOT to execute and deliver to Developer, within ten business days, a Progress Payment Certificate in a form substantially similar to Exhibit 21, identifying a total undisputed amount owing to Developer, acknowledging its obligation to pay that amount to Developer and committing to make payments to satisfy that obligation in accordance with the schedule described in Section 12.4.6. (b) Notwithstanding any other provision in this Agreement, Developer may assign all or any portion of its rights, title and interests in and to the Progress Payment Certificate described in Section 12.7(a), or to any other payment made or owed by TxDOT under this Agreement, to any Person from which Developer obtains financing to complete any portion of the Work. (c) At Developer’s request, TxDOT will provide subsequent certificates to the extent appropriate to reflect additional undisputed amounts determined after issuance of the initial certificate to be owing to Developer.