CITY'S RIGHT TO WITHHOLD PAYMENT. In the event City becomes credibly informed that any representations of Consulting Engineer/Architect provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consulting Engineer/Architect until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact shall be made known to Consulting Engineer/Architect immediately. Consulting Engineer/Architect will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City shall be paid to Consulting Engineer/Architect in accordance with the contract payment procedures.
CITY'S RIGHT TO WITHHOLD PAYMENT. In the event the City becomes credibly informed that any representations of the Consultant provided in its monthly billing are wholly or partially inaccurate, the City may withhold payment of disputed sums then, or in the future, otherwise due to the Consultant until the inaccuracy and the cause thereof is corrected to the City’s reasonable satisfaction. In the event the City questions some element of an invoice, that fact shall be made known to the Consultant immediately. The Consultant will help effect resolution and transmit a revised invoice if necessary. The City shall pay the undisputed portion of any invoice as provided in Part 5 of this Section II.
CITY'S RIGHT TO WITHHOLD PAYMENT. The City has the right to withhold any moneys owing the Contractor in the amount of the Wage Theft against the Contractor or a subcontractor.
CITY'S RIGHT TO WITHHOLD PAYMENT. In the event City becomes credibly informed that any representations of Construction Observer provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Construction Observer until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact shall be made known to Construction Observer immediately. Construction Observer will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City shall be paid to Construction Observer in accordance with the contract payment procedures.
CITY'S RIGHT TO WITHHOLD PAYMENT. In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist. In the event City withholds any payment, City shall provide detailed written notice to Artist within fifteen (15) days of receipt of Artist’s invoice, specifying the failure of performance for which City intends to withhold payment. Within fifteen (15) days of Artist’s receipt of City's notice, Artist shall cure City's objection or if City's objections are not capable of cure within fifteen (15) days, Artist shall commence to cure City's objections and then promptly proceed to complete the cure. If Artist disputes City's determination that the Agreement's specifications have not been met, within fifteen (15) days of Artist’s receipt of City's notice, Artist shall notify City in writing. In such event, City shall make reasonable efforts to resolve the dispute however, the final determination as to whether Artist has complied with the terms of this Agreement will remain with City. Any payments not in dispute shall be promptly paid to Artist.
CITY'S RIGHT TO WITHHOLD PAYMENT. In the event City becomes credibly informed that any representations of Consultant provided in its monthly billing are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact will be made known to Consultant immediately. Consultant will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City will be paid to Consultant in accordance with the contract payment procedures.
CITY'S RIGHT TO WITHHOLD PAYMENT. In the event City becomes credibly informed that any representations of Consulting Architect provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consulting Architect until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact shall be made known to Consulting Architect immediately. Consulting Architect will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City shall be paid to Consulting Architect in accordance with the contract payment procedures.
CITY'S RIGHT TO WITHHOLD PAYMENT. 8.5.1 City may withhold payment to such extent as may be necessary in City’s opinion to protect City from loss for which CM@R is responsible, including, without limitation, if any of the following conditions exist: defective Construction Work not remedied; third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to City is provided by CM@R; failure of CM@R to make payments properly to Subcontractors or for labor, materials, or equipment; reasonable evidence that the Construction Work cannot be completed for the unpaid balance of the Contract Price; damage to City or another CM@R; reasonable evidence that the Construction Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; failure to carry out the Construction Work in accordance with the Contract Documents; or CM@R is in default of any of its other obligations under the Contract Documents.
8.5.2 Payments to CM@R may be made by checks payable jointly to CM@R and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of City, it is advisable, payments may be made directly to CM@R’s Subcontractors and any amount so paid shall be deducted from the amounts owed to CM@R under this Contract.
8.5.3 No payment (nor use or occupancy of the Project by City) will be deemed acceptance or approval of the Construction Work or as a waiver of any claims, rights, or remedies of City.
8.5.4 CM@R shall make all payments, in the time required, of all labor and materials furnished to CM@R in the course of the Construction Work and shall promptly furnish evidence of such payments as City may require. CM@R shall pay when due all claims arising out of performance of the Construction Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of City, or against payments due from City to CM@R, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, CM@R agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of City, against payment due from City to CM@R, or against any payment or performance bond, shall be filed or made in connection with the Construction Work by any party who has supplied professional services, labor, materials, machinery, ...
CITY'S RIGHT TO WITHHOLD PAYMENT. City may withhold payment to such extent as may be necessary in City’s opinion to protect City from loss for which Contractor is responsible, including, without limitation, if any of the following conditions exist:
a. Defective Work not remedied;
b. Third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to City is provided by Contractor;
c. Failure of Contractor to make payments properly to Subcontractors or for labor, materials or equipment;
d. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Agreement Price;
e. Damage to City or another Contractor;
f. Reasonable evidence that the Work will not be completed within the Agreement Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
g. Failure to carry out the Work in accordance with the Agreement Documents; or
h. Contractor is in default of any of its other obligations under the Agreement Documents.
CITY'S RIGHT TO WITHHOLD PAYMENT. In the event City becomes credibly informed that any representations of Consulting Landscape Architect provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consulting Landscape Architect until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact shall be made known to Consulting Landscape Architect immediately. Consulting Landscape Architect will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City shall be paid to Consulting Landscape Architect in accordance with the contract payment procedures.
