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Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

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2215. CONTRACT PRICE AND PAYMENT15.1 Payment Mechanism(a)(b)(c)(d)(e)(f)(g)The Supplier shall submit a monthly <strong>in</strong>voice for the Charge calculatedpursuant to Schedule 4 and any additional amounts payable to it under thisContract and the due date for payment of such monthly <strong>in</strong>voice shall be thedate fall<strong>in</strong>g seven (7) days after the date of the <strong>in</strong>voice. The f<strong>in</strong>al date forpayment of the Charge shall be twenty-one (21) days from the date of therelevant <strong>in</strong>voice, except <strong>in</strong> the case of manifest error. The Base MonthlyCharge shall be settled <strong>in</strong> accordance with Sub-Clause 15.2.No later than five (5) days after the date on which any payment becomes dueunder this Contract, the Purchaser shall give notice to the Supplier specify<strong>in</strong>gany amount of the payment made or proposed to be made and the basis onwhich that amount was calculated.If the Purchaser considers that it is entitled to withhold any amount from anypayment, it shall give the Supplier a notice of its <strong>in</strong>tention to withholdpayment not later than ten (10) days before the relevant f<strong>in</strong>al date for payment,specify<strong>in</strong>g the amount proposed to be withheld and the ground or grounds forwithhold<strong>in</strong>g payment. Any amount that the Purchaser does not notify as anamount so to be withheld shall be paid by the relevant f<strong>in</strong>al date for payment.Where the period of payment would <strong>in</strong>clude a day which is a bank holiday <strong>in</strong>[COUNTRY], that day shall be excluded.All amounts payable pursuant to this Contract shall be paid without set offunless otherwise agreed between the parties or determ<strong>in</strong>ed pursuant to Clause20.All payments made under this Contract shall be made by transfer to such bankaccount as each Party shall notify to the other and shall be <strong>in</strong> the currency<strong>in</strong>dicated <strong>in</strong> Schedule 4.Any amount properly due to a Party pursuant to this Contract and rema<strong>in</strong><strong>in</strong>gunpaid after the f<strong>in</strong>al date for payment shall bear <strong>in</strong>terest (both before andafter judgement), such <strong>in</strong>terest to accrue from day to day at the rate of [4%]above the LIBOR three-month sterl<strong>in</strong>g rate from the date when payment wasdue until the amount due is actually received by the payee.15.2 Regular Payment of Base Monthly ChargeTo ensure the punctual payment of the Base Monthly Charge and timely performanceof its obligations under this Contract, the Purchaser shall set up a payment mechanismto allow the automatic payment of the Base Monthly Charge on [ ] of each month <strong>in</strong>tosuch bank account as the Supplier shall notify to the Purchaser. This mechanism shallrema<strong>in</strong> <strong>in</strong> force throughout the Contract Period.<strong>PPP</strong> <strong>in</strong> <strong>Infrastructure</strong> Resource Center for Contracts, Laws and Regulations (<strong>PPP</strong>IRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007

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