Common use of PAYMENT WITHHELD Clause in Contracts

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. When the Director CITY has reasonable ground for belief, or information to believe that, : (1) the CONSULTANT will be unable to perform the Services set forth under this Agreement and/or any Services Authorization within the related Project TermTASK ORDER(S) issued hereunder; or (2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's ’s negligence or the CONSULTANT's ’s breach of any provision of this Contract Agreement or any Services AuthorizationTASK ORDER(S) issued hereunder; then the Director CITY may withhold a Payment payment otherwise due and payable to the CONSULTANT; provided, however, that the Director CITY shall not unreasonably withhold other Services Authorization payments payment(s) that may not otherwise be in dispute. Any Payment payment so withheld may be retained by the CITY for such period as it deems advisable advisable, in its sole and absolute discretion, to protect the CITY against any loss or deprivation that the CITY may incur pursuant to this Subsection, Subsection or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, CITY and no person shall have any right against the Director or claim against the CITY and/or its employees and officials by reason of the Director's failure or refusal to withhold a PaymentCITY’s withholding of payment(s). Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, CITY on any amounts withheld under this provision if the Director CITY has acted unreasonablywithout justification. This provision is not intended to limit or in any way prejudice any other right the CITY may have in this regard, regard or any right or defense that the CONSULTANT might choose to exercise against the CITY.

PAYMENT WITHHELD. When either the Public Works Director or the Transportation 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 either Director or a claim against the CITY by reason of the a Director's ’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 a 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. When the Director TOWN has reasonable ground for belief, or information to believe that, : (1) the CONSULTANT will be unable to perform the Services set forth under this Agreement and/or any Services Authorization within the related Project TermTASK ORDER(S) issued hereunder; or (2) a meritorious claim exists against the CONSULTANT or the CITY TOWN arising out of the CONSULTANT's ’s negligence or the CONSULTANT's ’s breach of any provision of this Contract Agreement or any Services AuthorizationTASK ORDER(S) issued hereunder; then the Director TOWN may withhold a Payment payment otherwise due and payable to the CONSULTANT; provided, however, that the Director TOWN shall not unreasonably withhold other Services Authorization payments payment(s) that may not otherwise be in dispute. Any Payment payment so withheld may be retained by the CITY TOWN for such period as it deems advisable advisable, in its sole and absolute discretion, to protect the CITY TOWN against any loss or deprivation that the CITY TOWN may incur pursuant to this Subsection, Subsection or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, TOWN and no person shall have any right against the Director or claim against the CITY TOWN and/or its employees and officials by reason of the Director's failure or refusal to withhold a PaymentTOWN’s withholding of payment(s). Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, TOWN on any amounts withheld under this provision if the Director TOWN has acted unreasonablywithout justification. This provision is not intended to limit or in any way prejudice any other right the CITY TOWN may have in this regard, regard or any right or defense that the CONSULTANT might choose to exercise against the CITYTOWN.

PAYMENT WITHHELD. When the Director CITY has reasonable ground for belief, or information to believe that, : (1) the CONSULTANT will be unable to perform the Services set forth under any Services Authorization within the related Project Termthis Agreement a; or (2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's ’s negligence or the CONSULTANT's ’s breach of any provision of this Contract or any Services AuthorizationAgreement; then the Director CITY may withhold a Payment payment otherwise due and payable to the CONSULTANT; provided, however, that the Director CITY shall not unreasonably withhold other Services Authorization payments payment(s) that may not otherwise be in dispute. Any Payment payment so withheld may be retained by the CITY for such period as it deems advisable advisable, in its sole and absolute discretion, to protect the CITY against any loss or deprivation that the CITY may incur pursuant to this Subsection, Subsection or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, CITY and no person shall have any right against the Director or claim against the CITY and/or its employees and officials by reason of the Director's failure or refusal to withhold a PaymentCITY’s withholding of payment(s). Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, CITY on any amounts withheld under this provision if the Director CITY has acted unreasonablywithout justification. This provision is not intended to limit or in any way prejudice any other right the CITY may have in this regard, regard or any right or defense that the CONSULTANT might choose to exercise against the CITY.

PAYMENT WITHHELD. When the Director CITY has reasonable ground grounds for belief, or information to believe that, : (1) the CONSULTANT will be unable to perform the Services set forth under any Services Authorization within the related Project Termthis Agreement; or (2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's ’s negligence or the CONSULTANT's ’s breach of any provision of this Contract or any Services AuthorizationAgreement; then the Director CITY may withhold a Payment payment otherwise due and payable to the CONSULTANT; provided, however, that the Director CITY shall not unreasonably withhold other Services Authorization payments payment(s) that may not otherwise be in dispute. Any Payment payment so withheld may be retained by the CITY for such period as it deems advisable advisable, in its sole and absolute discretion, to protect the CITY against any loss or deprivation that the CITY may incur pursuant to this Subsection, Subsection or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, CITY and no person shall have any right against the Director or claim against the CITY and/or its employees and officials by reason of the Director's failure or refusal to withhold a PaymentCITY’s withholding of payment(s). Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, CITY on any amounts withheld under this provision if the Director CITY has acted unreasonablywithout justification. This provision is not intended to limit or in any way prejudice any other right the CITY may have in this regard, regard or any right or defense that the CONSULTANT might choose to exercise against the CITY.

PAYMENT WITHHELD. When the Director CITY has reasonable ground for belief, or information to believe that, : (1) the CONSULTANT will be unable to perform the Services under any Services Authorization TASK ORDER within the related Project Term; or (2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's ’s negligence or the CONSULTANT's breach ’s beach of any provision of this Contract Agreement or any Services AuthorizationTASK ORDER; then the Director CITY may withhold a Payment otherwise due and payable to the CONSULTANT; provided, however, that the Director CITY shall not unreasonably withhold other Services Authorization TASK ORDER 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, Subsection or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, CITY and no person shall have any right against the Director or claim against the CITY and/or its employees and officials by reason of the Director's failure or refusal to withhold a PaymentCITY’s withholding of Payments. Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, CITY on any amounts withheld under this provision if the Director CITY has acted unreasonablywithout justification. This provision is not intended to limit or in any way prejudice any other right the CITY may have in this regard, regard or any right or defense that the CONSULTANT might choose to exercise against the CITY.