Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non- allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement.
Appears in 6 contracts
Samples: Services, Services, www.ardot.gov
Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27Owner; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non- non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) the Consultant’s default or unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement.
Appears in 4 contracts
Samples: Engineering Services, Engineering Services, Engineering Services
Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27Owner; (2) evidence of fraud, over-over- billing, or overpayment; (3) inclusion of non- non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) the Consultant’s default or unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement.
Appears in 1 contract
Samples: Title Ii Engineering Services
Owner’s Right to Withhold Payment. The At any time, the Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27Owner; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non- non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its it obligation to continue to perform its services under this Agreement.
Appears in 1 contract
Samples: Agreement
Owner’s Right to Withhold Payment. The At any time, the Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27Owner; (2) evidence of fraud, over-over- billing, or overpayment; (3) inclusion of non- non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its it obligation to continue to perform its services under this Agreement.
Appears in 1 contract
Samples: Engineering Services
Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27Owner; (2) evidence of fraud, over-over- billing, or overpayment; (3) inclusion of non- non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its it obligation to continue to perform its services under this Agreement.
Appears in 1 contract
Samples: Agreement
Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27Owner; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non- non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its it obligation to continue to perform its services under this Agreement.
Appears in 1 contract
Samples: Engineering Services