New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXII - Natural Heritage Trust
Part 9500 - Prompt Payment Of Bills
Section 9500.2 - Definitions

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 9500.2

Current through Register Vol. 46, No. 12, March 20, 2024

As used in this Part, the following terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(a) Trust shall mean the Natural Heritage Trust, a public benefit corporation established by chapter 653 of the Laws of 1968 and further described in article 55 of the Arts and Cultural Affairs Law.

(b) Board shall mean the board of the Natural Heritage Trust as provided for in section 55.05 of the Arts and Cultural Affairs Law.

(c) Contract shall mean an enforceable agreement entered into between the trust and a contractor.

(d) Contractor shall mean any person, partnership, private corporation, or association:

(1) selling materials, equipment or supplies or leasing property or equipment to the trust;

(2) constructing, reconstructing, rehabilitating or repairing buildings, highways or other improvements for or on behalf of the trust; or

(3) rendering or providing services to the trust pursuant to a contract.

(e) Designated payment office shall mean the office designated by the trust to which a proper invoice is to be submitted by a contractor.

(1) For Artpark programs the designated payment office shall be:

Natural Heritage Trust

Artpark

P. O. Box 371

Lewiston, NY 14092

(2) Unless otherwise specified, for all other purposes the designated payment office shall be:

Natural Heritage Trust

Attention: Development Officer

Agency Bldg. 1, 20th Floor

Empire State Plaza

Albany, NY 12238

(f) Prompt payment shall mean payment of a debt due and owing by the trust before interest accrues thereon pursuant to this Part.

(g) Proper invoice shall mean a written request for a contract payment that is submitted by a contractor setting forth the description, price and quantity of goods, property, or services delivered or rendered, in such form and supported by such other substantiating documentation as the trust may reasonably require.

(h) Receipt of an invoice shall mean the later of:

(1) the date on which a proper invoice is actually received in the designated payment office; or

(2) the date on which the trust receives the purchased goods, property or services covered by the proper invoice.

(i) Set-off shall mean the reduction by the trust of a payment due to a contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the contractor to the trust.

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