shall be agreed between OWNER and CONTRACTOR, within three (3) months of EFFECTIVE DATE. The completed document shall be provided to OWNER two (2) months before INITIAL ACCEPTANCE.
12.3 The CONTRACT PRICE shall be paid in accordance with the terms of payment under Article 13.
ARTICLE 13 INVOICING AND PAYMENT
13.1 In the case of amounts payable in US Dollars, OWNER shall make payment of the invoiced amount by telegraphic transfer to CONTRACTOR's nominated bank account. In the case of amounts payable in Thai Baht, payment shall be made by cheque, such cheque will be available for collection at OWNER’s offices. Payment of the CONTRACT PRICE of Article 12 shall be made to CONTRACTOR in accordance with Payment terms, Schedule of Payment and Key Milestone as set forth in Part 3.3 and the following conditions:
13.1.1 All payments made by OWNER to CONTRACTOR will be based upon the achievement of actual monthly physical progress in the WORK. In event that milestone is required in the month of invoice as set forth in Part 3.2, the Milestone must be achieved prior to submission of invoice.
For the avoidance of doubt, the payments shall be a cumulative ninety percent (90%) on MECHANICAL COMPLETION, then five percent (5%) on completion of ACCEPTANCE TEST and five percent (5%) on INITIAL ACCEPTANCE.
13.1.2 Achievement of satisfactory PHYSICAL PROGRESS in the WORK and of the milestones shall be reviewed by OWNER and CONSULTANT and subject to OWNER's APPROVAL.
If a milestone of each portion has not been achieved, any CONTRACTOR’s invoice of that portion shall be suspended until that milestone has been completed. Future payment shall also be suspended until the outstanding milestone of that portion has been completed. Once the milestone has been reached, the outstanding invoice shall be submitted and paid in accordance with Article 13.1.
13.1.3 An original plus two copies of all invoices shall be submitted by CONTRACTOR. All invoices shall be accompanied by evidence of achievement of the relevant milestone and PHYSICAL PROGRESS in accordance with Part 3.2. OWNER/CONSULTANT shall either approve such invoice, or state in writing his reasons for rejecting such invoice, within thirty (30) DAYs of receipt thereof.
Separate invoices shall be issued for each currency. In the event CONTRACTOR is not be entitled to receive payments in foreign currency, the conversion rate to be used shall be the announced selling rate quoted by the Bank of Thailand two (2) BUSINESS DAYs prior to the due date for payment.
13.1.4 Notwithstanding anything to the contrary under this CONTRACT, any amounts otherwise payable under this CONTRACT may be withheld, in whole or in part, by OWNER; if: