Common use of Damages and Withholding Clause in Contracts

Damages and Withholding. Notwithstanding any other remedial action by the Trust, Recipient shall remain liable to the Trust for any awarded damages sustained by the Trust in connection with any breach by Recipient, and the Trust may withhold payment to Recipient for the purpose of mitigating the Trust’s damages until such time as the exact amount of awarded damages due to the Trust from Recipient is determined. The Trust may withhold any amount that may be due Recipient as reasonably necessary to protect the Trust against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the Trust in procuring from third parties replacement work and services as cover.

Damages and Withholding. Notwithstanding any other remedial action by the Trust, Recipient shall remain liable to the Trust for any awarded damages sustained by the Trust in connection with any breach by Recipient, and the Trust may withhold payment to Recipient for the purpose of mitigating the Trust’s damages until such time as the exact amount of awarded damages due to the Trust from Recipient is determined. The Trust may withhold any amount that may be due Recipient as reasonably the Trust deems necessary to protect the Trust against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the Trust in procuring from third parties replacement work and services as cover.

Damages and Withholding. Notwithstanding any other remedial action by the Trust, Recipient shall remain liable to the Trust for any awarded damages sustained by the Trust in connection with any uncured breach by Recipient, and the Trust may withhold payment to Recipient for the purpose of mitigating the Trust’s damages until such time as the exact amount of awarded damages due to the Trust from Recipient is determined. The Trust may withhold any amount that may be due Recipient as reasonably necessary to protect the Trust against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the Trust in procuring from third parties replacement work and services as cover.