Common use of Grounds for Withholding Clause in Contracts

Grounds for Withholding. In addition to the amounts County may retain as provided elsewhere in this Contract, County may withhold a sufficient amount from any payment otherwise due to Contractor as in County's good-faith determination may be necessary to protect County in the event of the following: a. Third-party claims filed or reasonable evidence indicating probable filing of such claims; b. Defective Work (unless Contractor has commenced and is diligently prosecuting acceptable remedial measures, or has entered into a written agreement with County regarding the performance and schedule of acceptable remedial measures); c. Failure of Contractor to make proper payments to any of its Design Professionals, Subcontractors, or for labor, materials, or equipment; d. Failure of Contractor to comply with any lawful or proper direction concerning the Work given by any representative of County authorized to have given such instruction; e. Any claim or penalty asserted against County on account of a failure of Contractor, Design Professionals, Contractor, Subcontractor to comply with the provisions of Legal Requirements; f. Any reason specified elsewhere in the Project Documents as grounds for withholding or that would legally entitle County to a set-off or recoupment.

Grounds for Withholding. In addition to the amounts County may retain as provided elsewhere in this Contract, County may withhold a sufficient amount from any payment otherwise due to Contractor as in County's good-good- faith determination may be necessary to protect County in the event of the following: a. Third-party claims filed or reasonable evidence indicating probable filing of such claims; b. Defective Work (unless Contractor has commenced and is diligently prosecuting acceptable remedial measures, or has entered into a written agreement with County regarding the performance and schedule of acceptable remedial measures); c. Failure of Contractor to make proper payments to any of its Design Professionals, Subcontractors, or for labor, materials, or equipment; d. Failure of Contractor to comply with any lawful or proper direction concerning the Work given by any representative of County authorized to have given such instruction; e. Any claim or penalty asserted against County on account of a failure of Contractor, Design Professionals, Contractor, Subcontractor to comply with the provisions of Legal Requirements;Requirements;‌ f. Any reason specified elsewhere in the Project Documents as grounds for withholding or that would legally entitle County to a set-off or recoupment.

Grounds for Withholding. In addition to the amounts County may retain as provided elsewhere in this ContractAgreement, County may withhold a sufficient amount from any payment otherwise due to Contractor Developer as in County's ’s good-faith determination may be necessary to protect County in the event of the following: a. (a) Third-party claims filed or reasonable evidence indicating probable filing of such claims; b. (b) Defective Work (unless Contractor Developer has commenced and is diligently prosecuting acceptable remedial measures, or has entered into a written agreement with County regarding the performance and schedule of acceptable remedial measures); c. (c) Failure of Contractor Developer to make proper payments to any of its Design Professionals, SubcontractorsOther Consultants, Contractors or Subcontractors or for labor, materials, or equipment; d. (d) Failure of Contractor Developer to comply with any lawful or proper direction concerning the Work given by any representative of County authorized to have given such instruction; e. (e) Any claim or penalty asserted against County on account of a failure of ContractorDeveloper, Design Professionals, Other Consultant, Contractor, or Subcontractor to comply with the provisions of Legal Requirements;Applicable Laws; or f. (f) Any reason specified elsewhere in the Project Documents this Agreement as grounds for withholding a retention or that otherwise would legally entitle County to a set-off or recoupment.

Grounds for Withholding. In addition to the amounts County may retain as provided elsewhere in this Contract, County may withhold a sufficient amount from any payment otherwise due to Contractor as in County's good-faith determination may be necessary to protect County in the event of the following: a. Third-party claims filed or reasonable evidence indicating probable filing of such claims; b. Defective Work (unless Contractor has commenced and is diligently prosecuting acceptable remedial measures, or has entered into a written agreement with County regarding the performance and schedule of acceptable remedial measures); c. Failure of Contractor to make proper payments to any of its Design Professionals, Subcontractors, or for labor, materials, or equipment;equipment;‌ d. Failure of Contractor to comply with any lawful or proper direction concerning the Work given by any representative of County authorized to have given such instruction; e. Any claim or penalty asserted against County on account of a failure of Contractor, Design Professionals, Contractor, Subcontractor to comply with the provisions of Legal Requirements; f. Any reason specified elsewhere in the Project Documents as grounds for withholding or that would legally entitle County to a set-off or recoupment.