Decisions to Withhold Payment. A.9.5.1 The Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner’s determination that the Work has not progressed to the point indicated in the Application for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible, including loss resulting from acts and omissions, because of but not limited to the following:
Decisions to Withhold Payment. THE DESIGNER MAY WITHHOLD A CERTIFICATE FOR PAYMENT IN WHOLE OR IN PART, TO THE EXTENT REASONABLY NECESSARY TO PROTECT THE OWNER. IF THE DESIGNER IS UNABLE TO CERTIFY PAYMENT IN THE AMOUNT OF THE APPLICATION, THE DESIGNER WILL NOTIFY THE CM AND THE OWNER IN WRITING. IF THE CM AND DESIGNER CANNOT AGREE ON A REVISED AMOUNT, THE DESIGNER WILL PROMPTLY ISSUE A CERTIFICATE FOR PAYMENT FOR THE AMOUNT FOR WHICH THE DESIGNER IS ABLE TO MAKE SUCH REPRESENTATIONS TO THE OWNER. THE DESIGNER MAY ALSO WITHHOLD A CERTIFICATE FOR PAYMENT, IN WHOLE OR IN PART, TO SUCH EXTENT AS MAY BE NECESSARY IN THE DESIGNER’S OPINION TO PROTECT THE OWNER FROM LOSS FOR WHICH THE CM OR THE CONTRACTOR(S) IS RESPONSIBLE, INCLUDING LOSS RESULTING FROM ACTS AND OMISSIONS, BECAUSE OF: .1 DEFECTIVE WORK NOT REMEDIED; .2 THIRD PARTY CLAIMS FILED OR REASONABLE EVIDENCE INDICATING PROBABLE FILING OF SUCH CLAIMS UNLESS SECURITY ACCEPTABLE TO THE OWNER IS PROVIDED BY THE CM; .3 FAILURE OF THE CM OR CONTRACTOR(S) TO MAKE PAYMENTS PROPERLY TO SUB-CONTRACTORS OR FOR LABOR, MATERIALS OR EQUIPMENT;
Decisions to Withhold Payment. The Owner may decide to withhold payment in whole, or in part, to the extent reasonably necessary to protect the Owner. In addition, the Owner may withhold payment, in whole, or in part, to such extent as may be necessary to protect the Owner from loss because of any acts or omissions by Contractor, including any rights to withhold mentioned in the Contract Documents.
Decisions to Withhold Payment. 18.4.1 Reasons to Withhold Payment The District may withhold payment in whole, or in part, to the extent reasonably necessary to protect the District if, in the District's opinion, the representations to the District required herein cannot be made. The District may withhold payment, in whole, or in part, to such extent as may be necessary to protect the District from loss because of, but not limited to:
Decisions to Withhold Payment. 9.3.1. Owner may withhold payment in whole or in part, or based on subsequently discovered evidence, may reduce payments otherwise due, to such extent as may be appropriate to protect Owner from loss for which Contractor is responsible because of:
Decisions to Withhold Payment. (1) District may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect District or District may decide to withhold payment to such extent as may be necessary in District’s opinion to protect District from loss, because of:
Decisions to Withhold Payment. 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Owner’s opinion, the Work has not progressed to the point indicated, that the quality of the Work is not in accordance with the Contract Documents, or that the Contractor is otherwise not entitled to payment in the amount requested. The Owner may also withhold a progress payment or, because of subsequently discovered evidence, may nullify the whole or a part of a progress payment previously issued, to such extent as may be necessary in the Owner’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied;
Decisions to Withhold Payment. Cherokee Nation Entertainment may decline to make payment because of subsequently discovered evidence or subsequent observations, may nullify the whole or any part of any Progress Payment Request previously received and/or withhold payment to such extent as may be necessary to protect Cherokee Nation Entertainment for loss because of:
Decisions to Withhold Payment. Cherokee Nation Entertainment may decline to make payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or any part of any payment request previously received and/or withhold payment to such extent as may be necessary to protect Cherokee Nation Entertainment for any loss resulting from the Architect’s failure to carry out the Architect’s duties in accordance with this Architect’s Agreement. Cherokee Nation Entertainment’s decision to withhold payment from Architect does not entitle Architect to suspend or terminate performance of this Architect’s Agreement.
Decisions to Withhold Payment. DEC may withhold a reasonable amount of any requested payment to the extent reasonably necessary to protect DEC due to DEC’s determination that the Work has not progressed to the point indicated in the invoice for payment or that the quality of Work is not in accordance with the Contract Documents. DEC may also withhold a reasonable amount as may be necessary to protect DEC from loss for which the Contractor is responsible, including loss resulting from acts or omissions, because of the following:
