Common use of NOT IN CONTRACT Clause in Contracts

NOT IN CONTRACT. Notwithstanding any of the retainage provisions described herein, there shall be no retainage on periodic or final payments for Contracts having a total project cost less than $100,000.00, and, in addition to the retainage amounts allowed to be held by the City of Durham, the City shall also retain all rights allowed under this Agreement to withhold payment to the Contractor in accordance with Article 14 of the General Conditions and for unsatisfactory job progress, defective or nonconforming construction not remedied, disputed Work, or third-party claims filed against the City of Durham or reasonable evidence that a third-party claim will be filed.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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NOT IN CONTRACT. Notwithstanding any of the retainage provisions described herein, there shall be no retainage on periodic or final payments for Contracts having a total project cost less than $100,000.00, and, in addition to the retainage amounts allowed to be held by the City of Durham, the City shall also retain all rights allowed under this Agreement to withhold payment to the Contractor in accordance with [Article 14 of the General Conditions Conditions] and for unsatisfactory job progress, defective or nonconforming construction not remedied, disputed Work, or third-party claims filed against the City of Durham or reasonable evidence that a third-party claim will be filed.

Appears in 2 contracts

Samples: Stipulated Sum Contract, Construction Contract

NOT IN CONTRACT. Notwithstanding any of the retainage provisions described herein, there shall be no retainage on periodic or final payments for Contracts having a total project cost less than $100,000.00, and, in addition to the retainage amounts allowed to be held by the City of Durham, the City shall also retain all rights allowed under this Agreement to withhold payment to the Contractor in accordance with [Article 14 of the General Conditions Conditions] and for unsatisfactory job progress, defective or nonconforming construction not remedied, disputed Work, or third-third‐ party claims filed against the City of Durham or reasonable evidence that a third-party third‐party claim will be filed.

Appears in 1 contract

Samples: Construction Contract

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NOT IN CONTRACT. Notwithstanding any of the retainage provisions described herein, there shall be no retainage on periodic or final payments for Contracts having a total project cost less than $100,000.00, and, in addition to the retainage amounts allowed to be held by the City of Durham, the City shall also retain all rights allowed under this Agreement to withhold payment to the Contractor in accordance with [Article 14 of the General Conditions Conditions] and for unsatisfactory job progress, defective or nonconforming construction not remedied, disputed Work, or third-third- party claims filed against the City of Durham or reasonable evidence that a third-party claim will be filed.

Appears in 1 contract

Samples: Construction Contract

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