Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any payment requested by Services Provider under this Agreement if any of the following conditions precedent exist:
a. Services Provider is in breach or default under this Agreement;
b. The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made the balance of the services that are performed in accordance with this Agreement;
c. The total of Services Provider's invoices exceed the maximum contract sum;
d. Services Provider has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Services Provider;
e. Services Provider becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws; or
f. If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Agreement.
Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any payment requested by Services Provider under this Agreement if any of the following conditions precedent exist: Services Provider is in breach or default under this Agreement; The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made the balance of the services that are performed in accordance with this Agreement; The total of Services Provider's invoices exceed the allowable fee amount established for any specific project; Services Provider has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Services Provider; Services Provider becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws; or If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Agreement. Partial Payment: No partial payment by Owner shall constitute or be construed as final acceptance or approval of any services or as a release of any of Services Provider's obligations or liabilities with respect to such services. Subcontractor Payment: Services Provider shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of the services. Final Payment and Release: The acceptance by Services Provider or Services Provider's successors of final payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Services Provider or Services Provider's successors have or may have against Owner pursuant to this Agreement except those claims specifically identified in writing by Services Provider as unsettled at the time of the final request for payment is made .
Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any payment requested by Engineer under this Agreement if any of the following conditions precedent exist:
a. Engineer is in breach or default under this Agreement;
b. The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made on the balance of the services that are performed in accordance with this Agreement;
c. The total of Engineer's requests for payment exceed Owner’s Purchase Order Amount;
d. Engineer has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Engineer;
e. Engineer becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws; or
f. If Owner, in its good faith judgment, determines that the balance of unpaid compensation for a specific Project is insufficient to complete the services required under this Agreement for that Project.
Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any payment requested by Architect under this Agreement if any of the following conditions precedent exist:
a. Architect is in breach or default under this Agreement;
b. The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made the balance of the services that are performed in accordance with this Agreement;
c. The total of Architect's invoices exceed the maximum contract sum;
d. Architect has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Architect;
e. Architect becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws; or
f. If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Agreement.
Exceptions to Payment. Regardless of any other provision of this Agreement, MD Xxxxxxxx shall not be obligated to make any payment requested by Service Provider under this Agreement if any of the following conditions precedent exist:
2.4.5.1. Service Provider is in breach or default under this Agreement;
2.4.5.2. The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made on the balance of the services that are performed in accordance with this Agreement;
2.4.5.3. The total of Service Provider's requests for payment exceed MD Anderson’s Purchase Order Amount;
2.4.5.4. Service Provider has failed to make payments promptly to Subcontractors or other third parties used in connection with the services for which MD Xxxxxxxx has made payment to Service Provider;
2.4.5.5. Service Provider becomes insolvent, makes a general Work Assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws;
2.4.5.6. If MD Anderson, in its good faith judgment, determines that the balance of unpaid compensation for a specific Work Assignment is insufficient to complete the services required under this Agreement for that Work Assignment; or
2.4.5.7. Service Provider has submitted a request for payment after having submitted its request for and having received final payment for Services rendered for a Work Assignment.
Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any disputed payment requested by A/E under this Agreement under any of the following conditions:
7.7.1 A/E is in breach or default under this Agreement or any ACTIVATION issued under this Agreement;
7.7.2 The requested payment includes services not performed in accordance with this Agreement or the ACTIVATION; provided, however, payment shall be made for the undisputed balance of the services that are performed in accordance with this Agreement or ACTIVATION;
7.7.3 A/E has failed to make payments prompt to consultants or other third parties used in connection with the services for which Owner has made payment to A/E (under this subsection, promptly shall mean within (10) business days of the receipt of Owner payment);
7.7.4 A/E becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws (subject to any order from the bankruptcy court with jurisdiction over the A/E bankruptcy debtor); or
7.7.5 If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Agreement.
Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any payment requested by Professional Firm under this Agreement if any of the following conditions precedent exist:
a. Professional Firm is in breach or default under this Agreement;
b. The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made the balance of the services that are performed in accordance with this Agreement;
c. The total of Professional Firm 's invoices exceed the maximum contract sum;
d. Professional Firm has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Professional Firm;
e. Professional Firm becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws; or
f. If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Agreement.
Exceptions to Payment. Regardless of any other provision of this Agreement, Owner shall not be obligated to make any payment requested by Services Provider under this Agreement if any of the following conditions precedent exist: Services Provider is in breach or default under this Agreement; The requested payment includes services not performed in accordance with this Agreement; provided, however, payment shall be made the balance of the services that are performed in accordance with this Agreement; The total of Services Provider's invoices exceed the allowable fee amount established for any specific project; Services Provider has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Services Provider; Services Provider becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws; or If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Agreement. Partial Payment: No partial payment by Owner shall constitute or be construed as final acceptance or approval of any Services or as a release of any of Services Provider's obligations or liabilities with respect to such services. Subcontractor Payment: Services Provider shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of the Services.
Exceptions to Payment. Regardless of any other provision of this Contract, Owner shall not be obligated to make any payment requested by Contractor under this Contract if any of the following conditions precedent exists: • Contractor is in breach or default under this Contract • Requested payment includes services not performed in accordance with this Contract, provided however, payment shall be made for the balance of the services that are performed in accordance with this Contract • The total of Contractor’s invoices exceeds the maximum contract sum • Contractor has failed to make payments promptly to consultants/sub-contractors or other third parties used in connection with the services for which Owner has made payment to Contractor • Contractor becomes insolvent, makes a general assignment of its rights or obligations for the benefit of its creditors, or voluntarily or involuntarily files for protection under the bankruptcy laws • If Owner, in its good faith judgment, determines that the balance of unpaid compensation is insufficient to complete the services required under this Contract
