PAYMENT WITHHELD. When the Director has reasonable ground for belief, or information to believe that, 1) the CONSULTANT will be unable to perform the Services under any Services Authorization within the related Project Term; or 2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's negligence or the CONSULTANT's breach of any provision of this Contract or any Services Authorization; then the Director may withhold a Payment otherwise due and payable to the CONSULTANT; provided, however, that the Director shall not unreasonably withhold other Services Authorization payments that may not otherwise be in dispute. Any Payment so withheld may be retained by the CITY for such period as it deems advisable to protect the CITY against any loss or deprivation that the CITY may incur pursuant to this Subsection, or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, and no person shall have any right against the Director or claim against the CITY by reason of the Director's failure or refusal to withhold a Payment. Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, on any amounts withheld under this provision if the Director has acted unreasonably. This provision is not intended to limit or in any way prejudice any other right the CITY may have in this regard, or any right or defense that the CONSULTANT might choose to exercise against the CITY.
PAYMENT WITHHELD. The OWNER may withhold all or part of any payment otherwise due the Contractor if any one of the following conditions exist:
PAYMENT WITHHELD. No deduction shall be made from payments to the Consultant on account of penalties, liquidated damages, or other sums withheld from payments to Contractors, provided nothing in this Section shall limit the State’s remedies against the Consultant for costs or damages attributable to the Consultant’s failure to perform under this Agreement.
PAYMENT WITHHELD. A. The Owner may withhold payment or, on account of subsequently discovered evidence, may nullify the whole or part of any payment certificate of such extent as may be necessary to protect the Owner from loss on account of any one or more of the following:
1. Defective Work not remedied.
2. Claims filed or notice indicating probable filing of claims of other parties against the Contractor.
3. Failure of the Contractor to make payments properly to Subcontractors or to make payments for labor, Material, Equipment, Construction Equipment or equipment rental.
4. A reasonable doubt that the Contract can be completed for the balance then unpaid.
5. Damage to a Subcontractor or another contractor.
6. Failure or refusal by the Contractor to comply with an instruction of the Owner within a reasonable time.
7. Unsatisfactory prosecution of the Work.
8. Liquidated Damages payable by the Contractor.
9. Any other violation of or failure to comply with the provisions of the Contract Documents.
10. Being in arrears to the Owner for any invoices.
11. Failure to supply or update the Contractor’s Schedule of Work.
12. Damage to the Owner’s Property or Equipment.
B. When the above grounds are removed, payment shall be made for amounts withheld because of them. The right to withhold payment however, shall not preclude the Owner from his right to declare the Contractor in default of his Contract for any of the reasons stipulated under General Conditions, Section 76 Contract in Default.
PAYMENT WITHHELD. Contractor may withhold all or part of any payment, or nullify the whole or any part of any payment, to the extent necessary to protect Contractor from loss, damages, costs or liabilities caused by: (a) defective work not remedied; (b) claims filed or reasonable evidence indicating probable filing of claims against Subcontractor, Contractor, Contractor’s surety or Owner relating to Subcontractor’s work under this Agreement; (c) Subcontractor’s failure to make payments properly to its subcontractors, materialmen, suppliers, vendors or employees for work, material, labor, or fringe benefits; (d) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (e) damage to another subcontractor; (f) Subcontractor’s failure to complete the Agreement in accordance with the Contract Documents; (g) unsatisfactory performance of the work by Subcontractor; (h) liens, stop payment notices or claims filed or submitted by Subcontractor’s materialmen, suppliers, vendors or subcontractors, or any other person or entity who may have a right of action against Contractor or its surety under any law in connection with Subcontractor’s work; (i) Subcontractor’s failure to provide documents to Contractor which Subcontractor is required to provide pursuant to this Agreement; (j) any failure or alleged failure by Subcontractor to comply with any of the requirements or terms of this Agreement; or (k) any other ground for withholding payment provided in this Agreement or by applicable law. When the grounds are removed, such amounts as are then due and owing shall be paid or credited to Subcontractor.
PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the contract, the OWNER may withhold from any payment otherwise due the CONTRACTOR such amount as determined necessary to protect the OWNER’S interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of:
A. unsatisfactory progress of the Work not caused by conditions beyond the CONTRACTOR’S control,
B. defective work not corrected,
C. CONTRACTOR’S failure to carry out instructions or orders of the OWNER or his representative, D. a reasonable doubt that the Contract can be completed for the balance then unpaid, E. work or execution thereof not in accordance with the Contract Documents, F. claim filed by or against the CONTRACTOR or reasonable evidence indicating probable filing of claims, G. failure of the CONTRACTOR to make payments to subcontractor or for material or labor, H. damage to another contractor, I. unsafe working conditions allowed to persist by the CONTRACTOR, J. failure of the CONTRACTOR to provide work schedules as required by the OWNER, K. use of subcontractors without the OWNER’S approval or,
PAYMENT WITHHELD. The OWNER may withhold all or part of any payment otherwise due the Contractor if any one of the following conditions exist:
a. Defective work or failure to execute the Work in strict accordance with the Contract Documents.
b. Unauthorized deviations from the Contract Documents.
c. Damage to another contractor.
d. Work not fully completed or corrected after Substantial or Final Completion.
e. Reasonable doubt that the Work will be completed within the Contract Time; and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
f. Failure to keep current as-built records at the Site as specified.
g. Unpaid amounts owed to the OWNER for fees and charges for services or permits, assessments for damage to OWNER property, or use of OWNER facilities and services.
h. Failure to comply with the minimum wage rate requirements as specified.
i. Failure to comply with the requirements of Specifications regarding Project Schedule.
j. Errors due to any cause that may be discovered in any previous progress payment.
k. Written request from contractor's surety to withhold payment(s). When the above reasons for withholding payment are resolved, payment will be made for amounts previously withheld. All Work covered by progress payments shall, at the time of the payment, become the sole property of the OWNER, but this shall not be construed as relieving the Contractor from the sole responsibility for Work upon which payments have been made or the restoration of any damaged Work, or waiving the right of the OWNER to require the fulfillment of all the terms of this Contract. Following receipt of proper certified pay requests (as may be adjusted by the Engineer or OWNER), the OWNER shall make monthly progress payments as the Work proceeds and as approved by the OWNER. A proper pay request will be submitted on the DFW Pay Request form and have all appropriate blanks filled in and all documents or information substantiating the Contractor’s right to payment required by the OWNER attached. The Contractor shall sign the Contractor’s Certification as outlined on the form. If the OWNER deems a pay request to be improper or defective, the OWNER will return the pay request to the Contractor for correction(s) and resubmission. In the event portions of the pay request are withheld in accordance with this Section, the balance of the eligible charges will be processed for payment.
PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the contract, the OWNER may withhold from any payment otherwise due the CONTRACTOR such amount as determined necessary to protect the OWNER’S interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of:
A. unsatisfactory progress of the Work not caused by conditions beyond the CONTRACTOR’S control,
B. defective work not corrected,
C. CONTRACTOR’S failure to carry out instructions or orders of the OWNER or his representative, D. a reasonable doubt that the Contract can be completed for the balance then unpaid,
PAYMENT WITHHELD. The Owner or Owner’s Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them.
PAYMENT WITHHELD. If the statement of your Account shows a credit balance, you may request EXANTE to return available Client’s Money and/or, EXANTE may agree (at its discretion) to transfer Client’s Assets to the Client or such third party appointed by the Client to hold the relevant assets on Client’s behalf. However, EXANTE may at its discretion elect to withhold (or if applicable, deduct) any payment requested (in whole or in part) due to you if:
8.8.1. open Margined Transactions on the Account show notional losses;
8.8.2. EXANTE reasonably considers that additional funds may be required to meet any current or future Margin requirement on open Margined Transactions due to underlying market conditions;
8.8.3. you have any actual or contingent liability to EXANTE under this Agreement; and/or
8.8.4. EXANTE reasonably determines that there is an unresolved dispute between you and EXANTE in connection with this Agreement.
