Common use of District's Right to Withhold Clause in Contracts

District's Right to Withhold. The DISTRICT may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any payment to such extent as may be necessary to protect the DISTRICT from loss, including costs and attorneys’ fees, on account of: 1) defective or deficient work product not remedied; 2) failure of the CONSULTANT to make payments properly to its employees or sub-consultants; 3) failure of CONSULTANT to perform its Services in a timely manner causing delay or disruption to the PROJECT schedule; or 4) any amounts equal to the District’s costs caused by the CONSULTANT’s errors or omissions, willful or reckless misconduct, or other breach of this AGREEMENT.

District's Right to Withhold. The DISTRICT may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any payment to such extent as may be necessary to protect the DISTRICT from loss, including costs and attorneys’ fees, on account of: 1) defective or deficient work product not remedied; 2) failure of the CONSULTANT to make payments properly to its employees or sub-consultants; 3) failure of CONSULTANT to perform its any Services in a timely manner causing delay or disruption to the PROJECT schedule; or 4) any amounts equal to the DistrictDISTRICT’s costs caused by the CONSULTANT’s errors or omissions, willful or reckless misconduct, or other breach of this AGREEMENT.