Deficiency Holdback Sample Clauses

Deficiency Holdback. 5.8.1 Notwithstanding any provisions contained in the Contract Documents concerning certification and release of monies to the Contractor, the Owner reserves the right to establish a deficiency holdback, at the time of the review for Substantial Performance of the Work, based on a 200% dollar value of the deficiencies listed by the Consultant. 5.8.2 In performing the calculation under GC 5.8.1, .1 no individual deficiency will be valued at less than five hundred dollars ($500.00); and .2 for any Close-Out Documentation not submitted in advance of or as part of the Contractor’s application for Substantial Performance of the Work, an amount shall be retained by the Owner as part of the deficiency holdback that is equal to the estimated time and material costs to retain a third-party to re-create the applicable Close-Out Documentation, as determined by the Consultant, until such time as the applicable Close-Out Documentation is submitted and approved. 5.8.3 The deficiency holdback shall be due and payable to the Contractor on the 61st day following completion of all of the deficiencies listed by the Consultant, there being no claims for lien registered against the title to the Place of the Work issued in accordance with the Construction Act, and less any amounts disputed under an Owner’s Notice of Non-Payment (Form 1.1).”
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Deficiency Holdback. 24.1 The City will retain a holdback of two (2) times the City's estimated value of any work that is considered deficient or incomplete at the time of Substantial Performance.
Deficiency Holdback. The Owner may hold back from any amounts due or coming due to RB an amount equal to 150% of the Payment Certifier's estimated cost of correcting and repairing the defects and deficiencies as determined pursuant to section 10.3 of this Agreement until the said defects and deficiencies have been corrected and repaired. The Owner shall, upon the periodic application of RB, release the amounts held back on account of defects and deficiencies as such defects and deficiencies are corrected and repaired and certified by the Payment Certifier as corrected and repaired.
Deficiency Holdback. The Company may withhold payment from the University for any defect or deficiency set out in the Deficiency List in an amount (the "Deficiency Amount") equal to two (2) times the reasonable estimate of the cost to correct the defect or deficiency, as determined by the Company acting reasonably. Upon correction of the defect or deficiency, the University may submit an invoice in accordance with Section Error! Reference source not found. for the Deficiency Amount. 4162714006080_6IRi\C 02/08/2018 2:26:41 PM Article 7 TÈtle

Related to Deficiency Holdback

  • Escrow Fund In addition to the initial deposits with respect to Taxes and Insurance Premiums made by Borrower to Lender on the date hereof to be held by Lender in escrow, Borrower shall pay to Lender on the first day of each calendar month (a) one-twelfth of an amount which would be sufficient to pay the Taxes payable, or estimated by Lender to be payable, during the next ensuing twelve (12) months and (b) one-twelfth of an amount which would be sufficient to pay the Insurance Premiums due for the renewal of the coverage afforded by the Policies upon the expiration thereof (the amounts in (a) and (b) above shall be called the "Escrow Fund"). Borrower agrees to notify Lender immediately of any changes to the amounts, schedules and instructions for payment of any Taxes and Insurance Premiums of which it has or obtains knowledge and authorizes Lender or its agent to obtain the bills for Taxes directly from the appropriate taxing authority. The Escrow Fund and the payments of interest or principal or both, payable pursuant to the Note shall be added together and shall be paid as an aggregate sum by Borrower to Lender. Provided there are sufficient amounts in the Escrow Fund and no Event of Default exists, Lender shall be obligated to pay the Taxes and Insurance Premiums as they become due on their respective due dates on behalf of Borrower by applying the Escrow Fund to the payments of such Taxes and Insurance Premiums required to be made by Borrower pursuant to Sections 3.3 and 3.4 hereof. If the amount of the Escrow Fund shall exceed the amounts due for Taxes and Insurance Premiums pursuant to Sections 3.3 and 3.4 hereof, Lender shall, in its discretion, return any excess to Borrower or credit such excess against future payments to be made to the Escrow Fund. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Property. If the Escrow Fund is not sufficient to pay the items set forth in (a) and (b) above, Borrower shall promptly pay to Lender, upon demand, an amount which Lender shall reasonably estimate as sufficient to make up the deficiency. The Escrow Fund shall not constitute a trust fund and may be commingled with other monies held by Lender. Unless otherwise required by Applicable Laws (defined in Section 3.11), no earnings or interest on the Escrow Fund shall be payable to Borrower. Notwithstanding the foregoing, so long as (i) no Event of Default has occurred and is continuing, (ii) PETsMART or an Acceptable Replacement Tenant is not in default under the terms of the PETsMART Lease or an Acceptable Replacement Lease beyond any applicable notice and cure periods set forth therein, and (iii) PETsMART or an Acceptable Replacement Tenant is paying the Taxes pursuant to the terms of Section 3.4 hereof and Insurance Premiums in accordance with the terms of the last sentence of Section 3.3(b) hereof, directly pursuant to the terms hereof, and such Taxes are current, then Borrower shall not be required to make monthly payments into the Escrow Fund.

  • Holdback Buyer shall retain Eight Hundred Thousand Dollars ($800,000.00) of the Cash Consideration (the “Holdback”) following the Closing Date, and Buyer may apply the Holdback to satisfy claims of Buyer against Seller under this Agreement or under the Conveyance. Notwithstanding any other provision of this Agreement (including without limitation Section 2.5 and Section 9.4), Buyer’s sole recourse after the Closing Date for any claim against Seller under this Agreement or the Conveyance, including claims for Defect Values (collectively, all such claims are “Holdback Claims”), shall be to the Holdback, as the Holdback amount may exist from time to time under the provisions of this Section 8.4, but such limitation on Buyer’s recourse shall not limit Seller’s obligations under this Article VIII (including the obligation to pay Vendor Claims). Buyer shall give notice to Seller of any application by Buyer of any portion of the Holdback, and any dispute regarding such application shall be submitted for arbitration in accordance with the terms of Section 10.11. The amount of the Holdback shall be decreased on the following schedule, with the excess available at each date being paid by Buyer to Seller: (i) forty-five days after the Closing Date, Buyer shall release to Seller Two Hundred Thousand Dollars ($200,000.00), which Seller shall use to pay any remaining unpaid Vendor Claims; (ii) sixty (60) days after the Closing Date, Buyer shall release to Seller all of the Holdback except for the sum of Four Hundred Thousand Dollars ($400,000.00) plus the amount of Holdback Claims identified by Buyer as of such date; (iii) ninety (90) days after the Closing Date, Buyer shall release to Seller all of the Holdback except for the sum of Two Hundred Thousand Dollars ($200,000.00) plus the amount of Holdback Claims identified by Buyer as of such date; and (iv) any portion of the Holdback remaining unapplied after one hundred twenty (120) days following the Closing Date shall be paid to Seller. Interim accounting for the Holdback shall be provided on the dates noted in the preceding sentence and an accounting for the entire Holdback shall be included in the Final Settlement Statement.

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