a) any claims are filed or issued against CONTRACTOR by OWNER or third parties, whether or not in the legal proceedings, or if reasonable evidence indicates the probability of filing or issuing any such claims; or
b) CONTRACTOR is in default of any conditions of this CONTRACT; or
c) there is reasonable doubt that this CONTRACT cannot be completed within the time specified or for the balance then unpaid; or
d) CONTRACTOR does not achieve the agreed milestone dates as specified in Part 3.2 of the CONTRACT; or
e) if at any time any performance security, insurance policy or other guarantee or any insurance delivered by the CONTRACTOR under this CONTRACT is not valid and enforceable.
OWNER will pay such withheld payments if CONTRACTOR:
(i) pays, satisfies or discharges in full any claim of OWNER, or third party against CONTRACTOR arising out of or in any way connected with the CONTRACT; or
(ii) cures all defaults in the performance of the CONTRACT.
13.1.5 If claims filed or issued against CONTRACTOR connected with performance under this CONTRACT are not promptly removed by CONTRACTOR after receipt of written NOTICE from OWNER to do so, OWNER may remove such claims and deduct all costs in connection with such removal from withheld payments or others monies due, or which may become due, to CONTRACTOR. If the amount of such withheld payment or other monies due or may become due to CONTRACTOR under the CONTRACT is insufficient to meet such costs or damages, or if any claim against CONTRACTOR is discharged by OWNER after final payment is made, CONTRACTOR and its surety or sureties, if any, shall promptly pay to OWNER all costs and damages incurred thereby regardless of when such claim arose or whether such claim imposed a lien upon the project or the real property upon which the project is situated.
13.1.6 No payment of invoices or portions thereof shall at any time constitute APPROVAL or acceptance of the WORK under this CONTRACT, nor be considered to be a waiver by OWNER of any terms of this CONTRACT.
13.2 For payment purpose, if the due date falls on a non-BUSINESS DAY, the due date shall be the first following BUSINESS DAY.
13.3 It is agreed that invoices presented to OWNER by CONTRACTOR are payable within forty five (45) DAYs after OWNER’s receipt of correct invoice and OWNER’s acceptance committee has accepted the relevant portion of the WORK.
13.4 Any banking charges incurred inside Thailand in connection with a payment transfer shall be borne by OWNER and any banking charges, including confirmation charges outside Thailand shall be borne by CONTRACTOR (if any).