Common use of Other Retentions Clause in Contracts

Other Retentions. In addition to Contract retentions, the District may deduct from each progress payment an amount necessary to protect District from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the District, incurred by the District for which Contractor is liable under the Contract; and (11) any other sums which the District is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District to deduct any of these sums from a progress payment shall not constitute a waiver of the District’s right to such sums.

Other Retentions. In addition to Contract retentions, the District City may deduct from each progress payment an amount necessary to protect District City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the DistrictCity, incurred by the District City for which Contractor is liable under the Contract; and (11) any other sums which the District City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District City to deduct any of these sums from a progress payment shall not constitute a waiver of the DistrictCity’s right to such sums.

Other Retentions. In addition to Contract retentions, the District Agency may deduct from each progress payment an amount necessary to protect District Agency from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District Agency in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District Agency during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the DistrictAgency, incurred by the District Agency for which Contractor is liable under the Contract; and (11) any other sums which the District Agency is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District Agency to deduct any of these sums from a progress payment shall not constitute a waiver of the DistrictAgency’s right to such sums.

Other Retentions. In addition to Contract retentions, the District City may deduct from each progress payment an amount necessary to protect District City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District City in performing any of Contractor’s 's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis basis, proper and sufficient documentation as required by the Contract or by District City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the DistrictCity, incurred by the District City for which Contractor is liable under the Contract; and (11) any other sums which the District City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District City to deduct any of these sums from a progress payment shall not constitute a waiver of the District’s City's right to such sums.

Other Retentions. In addition to Contract retentions, the District Town may deduct from each progress payment an amount necessary to protect District Town from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District Town in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District Town during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the DistrictTown, incurred by the District Town for which Contractor is liable under the Contract; and (11) any other sums which the District Town is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District Town to deduct any of these sums from a progress payment shall not constitute a waiver of the DistrictTown’s right to such sums.

Other Retentions. In addition to Contract retentions, the District Agency may deduct from each progress payment an amount necessary to protect District Agency from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District Agency in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District Agency during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the DistrictAgency, incurred by the District Agency for which Contractor is liable under the Contract; and (11) any other sums which the District Agency is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District Agency to deduct any of these sums from a progress payment shall not constitute a waiver of the DistrictAgency’s right to such sums.sums.‌

Other Retentions. In addition to Contract retentions, the District Commission may deduct from each progress payment an amount necessary to protect District Commission from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District Commission in performing any of Contractor’s 's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District Commission during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the DistrictCommission, incurred by the District Commission for which Contractor is liable under the Contract; and (11) any other sums which the District Commission is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District Commission to deduct any of these sums from a progress payment shall not constitute a waiver of the District’s Commission's right to such sums.