Owner’s Right To Refuse Payment Sample Clauses

Owner’s Right To Refuse Payment. In the event of a dispute, payment shall be made on or before the date payment is due for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the DB due to: 15.4.1 the DB’s failure to perform the Work in compliance with the requirements of this Contract or any other agreement between the parties; 15.4.2 the DB’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise; 15.4.3 the DB’s performance of the Work at a rate or in a manner that, in the Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed; 15.4.4 the DB’s failure to use funds previously paid the DB by the Owner, to pay the DB’s Project-related obligations including, but not limited to, the DB’s subcontractors and suppliers; 15.4.5 claims made, or likely to be made, against the Owner or its property; 15.4.6 loss caused by the DB or the DB’s subcontractors, or suppliers; or 15.4.7 the DB’s failure or refusal to perform any of its obligations to the Owner.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Owner’s Right To Refuse Payment. The Design Professional’s approval of the Contractor’s invoice shall not preclude the Owner from exercising any of its remedies under this Agreement. In the event of a dispute, payment shall be made on or before the Payment Date for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner’s Project Representative shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: (i) the Contractor's failure to perform the Work in compliance with the requirements of this Agreement or any other agreement between the parties; (ii) the Contractor’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise; (iii) the Contractor’s performance of the Work at a rate or in a manner that, in the Owner’s Project Representative's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed; (iv) the Contractor’s failure to use funds previously paid the Contractor by the Owner, to pay the Contractor’s Project-related obligations including, but not limited to, the Contractor’s subcontractors, materialmen, and suppliers; (v) claims made, or likely to be made, against the Owner or its property; (vi) loss caused by the Contractor or the Contractor’s subcontractors, or suppliers; or (vii) the Contractor’s failure or refusal to perform any of its obligations to the Owner.
Sample 1See All (4)
Owner’s Right To Refuse Payment. A Professional’s approval of the General Contractor’s invoice shall not preclude the Owner from exercising any of its remedies under this Contract For Construction. In the event of a dispute, payment shall be made in accordance with Part VII, Chapter 218, Florida Statutes, for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner, to the extent permitted by Part VII, Chapter 218, Florida Statutes, shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the General Contractor due to: (i) the General Contractor's failure to perform the Work in compliance with the requirements of this Contract For Construction or any other agreement between the parties; (ii) the General Contractor’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise; (iii) the General Contractor’s performance of the Work at a rate or in a manner that, in the Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed; (iv) the General Contractor’s failure to use funds previously paid the General Contractor by the Owner, to pay the General Contractor’s Project-related obligations including, but not limited to, the General Contractor’s subcontractors, materialmen, and suppliers; (v) claims made, or likely to be made, against the Owner or its property; (vi) loss caused by the General Contractor or the General Contractor’s subcontractors, or suppliers; or (vii) the General Contractor’s failure or refusal to perform any of its obligations to the Owner.
Sample 1Sample 2
Owner’s Right To Refuse Payment. In the event of a dispute, payment shall be made on or before the date payment is due for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the CM due to: 15.4.1 the CM’s failure to perform the Work in compliance with the requirements of this Contract or any other agreement between the parties; 15.4.2 the CM’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise; 15.4.3 the CM’s performance of the Work at a rate or in a manner that, in the Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably delayed; 15.4.4 the CM’s failure to use funds previously paid the CM by the Owner, to pay the CM’s Project-related obligations including, but not limited to, the CM’s subcontractors and suppliers; 15.4.5 claims made, or likely to be made, against the Owner or its property; 15.4.6 loss caused by the CM or the CM’s subcontractors, or suppliers; or 15.4.7 the CM’s failure or refusal to perform any of its obligations to the Owner.
Sample 1Sample 2
Owner’s Right To Refuse Payment. A Professional’s approval of the Construction Manager’s invoice shall not preclude the Owner from exercising any of its remedies under this Contract for Construction Management. These remedies include, without limitation the Owner’s right to withhold all or part of any payment (including Final Payment) for the reasons described in Paragraph 15.4.1 or in this Paragraph 15.5. In the event of a dispute, payment shall be made on or before the Payment Date for amounts not in dispute, subject to any setoffs claimed by the Owner. The Owner shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Construction Manager to the extent due to: 15.5.1 The Construction Manager’s failure to perform the Work in compliance with the requirements of this Contract for Construction Management or any other agreement between the parties; 15.5.2 The Construction Manager’s failure to correctly and accurately represent the Work performed in a payment request, or otherwise; 15.5.3 The Construction Manager’s performance of the Work at a rate or in a manner that, in the Owner's reasonable opinion, is likely to result in the Project being inexcusably delayed; 15.5.4 The Construction Manager’s failure to use funds previously paid the Construction Manager by the Owner, to pay the Construction Manager’s Project-related obligations including, but not limited to, the Construction Manager’s subcontractors, materialmen, and suppliers; 15.5.5 Claims made against the Owner or its property; 15.5.6 Loss caused by the Construction Manager or the Construction Manager’s subcontractors, or suppliers and not paid by insurance or covered by bonds provided by Construction Manager; or 15.5.7 The Construction Manager’s failure or refusal to perform any of its obligations to the Owner.
Sample 1Sample 2

Related to Owner’s Right To Refuse Payment

  • Right to Refuse Overtime All employees shall have the right to refuse to work overtime, except when required to do so in emergency situations, without being subject to disciplinary action for so refusing.

  • Right to Refuse Unsafe Work Employees have the right to refuse to perform unsafe work pursuant to the Occupational Health and Safety Regulations of the Workers Compensation Act.

  • Right to Relet If the Landlord elects to re-enter the Demised Premises as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease make such alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

  • Right to Refuse Employees have the right to refuse to undergo drug and alcohol testing. If an employee refuses to undergo drug or alcohol testing requested or required by the Employer, no such test shall be given.

  • Right to Reject The Department reserves the right to accept or reject all proposals, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so shall serve the Department’s best interests. The Department may reject any proposal not submitted in the manner specified by the solicitation documents.

  • Holder’s Right to Receive Notice Nothing herein shall be construed as conferring upon the Holders the right to vote or consent or to receive notice as a shareholder for the election of directors or any other matter, or as having any rights whatsoever as a shareholder of the Company. If, however, at any time prior to the expiration of the Purchase Warrants and their exercise, any of the events described in Section 8.2 shall occur, then, in one or more of said events, the Company shall give written notice of such event at least fifteen days prior to the date fixed as a record date or the date of closing the transfer books for the determination of the shareholders entitled to such dividend, distribution, conversion or exchange of securities or subscription rights, or entitled to vote on such proposed dissolution, liquidation, winding up or sale. Such notice shall specify such record date or the date of the closing of the transfer books, as the case may be. Notwithstanding the foregoing, the Company shall deliver to each Holder a copy of each notice given to the other shareholders of the Company at the same time and in the same manner that such notice is given to the shareholders.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • Right to Relocate Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Sublease.

  • Right to Revoke Employee may revoke this Agreement by notice to Company, in writing, received within seven (7) days of the date of its execution by Employee (the “Revocation Period”). Employee agrees that Employee will not receive the benefits provided by this Agreement if Employee revokes this Agreement. Employee also acknowledges and agrees that if Company has not received from Employee notice of Employee’s revocation of this Agreement prior to the expiration of the Revocation Period, Employee will have forever waived Employee’s right to revoke this Agreement, and this Agreement shall thereafter be enforceable and have full force and effect.

  • Right to Refuse Dangerous Work An employee shall have the right to refuse to work in dangerous situations.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!