Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) days after receiving any Application for Payment of any defect in the Application for Payment or the Contractor’s performance which may result in the Department’s declining to pay all or a part of the requested amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if:
Right to Withhold Payments. The Department will notify the Design-Builder within fifteen (15) days after receiving any Application for Payment of any defect in the Application for Payment or the Design-Builder’s performance which may result in the Department’s declining to pay all or a part of the requested amount. The Department may withhold payment from the Design-Builder, in whole or part, as appropriate, if:
Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
Right to Withhold Payments. Upon the determination of a majority of the Board of Directors that the Executive has breached his obligations in any material respect under Sections 7 or 8 the Company pursuing all available remedies under this Agreement, at law or otherwise, and without limiting its right to pursue the same, shall cease all payments to the Executive under this Agreement.
Right to Withhold Payments. District shall have the right to withhold from payments due Contractor such sums as necessary, in District’s sole opinion, to protect District against any loss, damage or claim which may result from Contractor's performance or failure to perform under this agreement or the failure of Contractor to make proper payment to any suppliers or subcontractors. If a liquidated damages provision is contained in the Scope of Work and if Contractor has violated that provision, District shall have the right to withhold from payments due Contractor such sums as are required to satisfy District’s claims under that provision.
Right to Withhold Payments. County shall have the right to withhold from payments due Contractor such sums as necessary, in County’s sole opinion, to protect County against any loss, damage or claim which may result from Contractor's performance or failure to perform under this Contract or the failure of Contractor to make proper payment to any suppliers or subcontractors. If a liquidated damages provision is contained in the Scope of Work and if Contractor has violated that provision, County shall have the right to withhold from payments due Contractor such sums as are required to satisfy County’s claims under that provision.
Right to Withhold Payments. (a) In addition to all other rights and remedies of District hereunder and by virtue of the law, District may withhold up to one hundred fifty percent (150%) of claimed or bona fide disputed amounts from any Tenant Improvement Payment (any progress payment, final payment, retention funds, or Lease Payments) to such extent as may reasonably be necessary to protect District from loss on account of:
Right to Withhold Payments. The Department will notify the Construction Manager within fifteen (15) days after receiving any Application for Payment of any defect in the Application for Payment or the Construction Manager’s performance which may result in the Department’s declining to pay all or a part of the requested amount. The Department may withhold payment from the Construction Manager, in whole or part, as appropriate, if: the Work is defective and such defects have not been remedied; or the Department has determined that the Construction Manager’s progress has fallen behind the Project Schedule, and the Construction Manager fails, within ten (10) calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable Recovery Plan in accordance with Section 5.17.; or the Construction Manager's monthly schedule update reflects that the Construction Manager has fallen behind the Project Schedule, and the Construction Manager fails to include, in the same monthly report, a realistic and acceptable Recovery Plan in accordance with Section 5.17.; or the Construction Manager has failed to provide reports in full compliance with Section 5.4. of this Agreement; or the Construction Manager has failed to pay Subcontractors or suppliers promptly or has made false or inaccurate certifications that payments to Subcontractors or suppliers are due or have been made; or any mechanic’s lien has been filed against the Department, the site or any portion thereof or interest therein, or any improvements on the site, even though the Department has paid all undisputed amounts due to the Construction Manager, and the Construction Manager, upon notice, has failed to remove the lien, by bonding it off or otherwise, within ten (10) calendar days; or the Department has reasonable evidence that the Work will not be completed by the Substantial Completion Date, as required, that the unpaid balance of the GMP would not be adequate to cover actual or liquidated damages arising from the anticipated delay; or the Department has reasonable evidence that the Work cannot be completed for the unpaid balance of the GMP; or the Construction Manager is otherwise in substantial breach of this Agreement (including, without limitation, failures to comply with LSDBE Utilization requirements. the Application for Payment is incomplete, unsubstantiated and/or does not contain sufficient documentation for evaluation by the Contracting Officer. Payment Not Acceptance. Payment of any progr...
Right to Withhold Payments. Metro shall have the right to withhold from payments due to Contractor such sums as necessary, in Metro's sole opinion, to protect Metro against any loss, damage, or claim which may result from Contractor's performance or failure to perform under this Agreement or the failure of Contractor to make proper payment to any suppliers or subcontractors.
Right to Withhold Payments. Metro shall have the right to withhold from payments due Grantee such sums as necessary, in Metro's sole opinion, to protect Metro against any loss, damage or claim which may result from Grantee's performance or failure to perform under this Agreement or the failure of Grantee to make proper payment to any suppliers or subcontractors. Metro shall withhold 20% of the FTA grant funds, which it will release to Grantee after Metro accepts Grantee’s final report.
