Common use of District Payments to CM Clause in Contracts

District Payments to CM. Within thirty (30) days of receipt of CM’s billing invoices, District will make payment to CM of undisputed amounts of the Contract Price due for Basic Services and authorized Additional Services. No deductions shall be made or withheld from payments due CM hereunder because of any penalty, assessment liquidated damages or other amounts withheld by the District from payment to the Architect or the Contractor. The District may, however, withhold or deduct from amounts otherwise due CM hereunder if CM shall fail to timely and completely perform material obligations to be performed on its part under this Agreement, with the amounts withheld or deducted being released after CM has fully cured it failure(s) of performance, less costs, damages or losses sustained by the District as a result of such failure(s) of performance of material obligations hereunder. If at any time the District does not pay to CM all sums invoiced, District shall within thirty (30) days of the CM’s submission of its billing invoice, provide CM with written documentation describing the basis for the District’s withhold or deduction of the Contract Price under a Task Order and shall pay the balance of CM’s invoice not subject to withholding or deduction.