Reduction in Payment. 1. City may refuse to make payment of the amount requested because:
a. Claims have been made against City on account of Contractor’s performance or furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
c. there are other items entitling City to a set-off against the amount recommended; or
d. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action.
Reduction in Payment. OWNER xxx refuse to make payment of the full amount recommended by ENGINEER because:
Reduction in Payment. If the District partially terminates this lease with regard to an Extended Day Care Space under Section 6.5.3, the Payment Due under this lease shall be reduced according to the proportion of payment allocated to such space as set forth in Exhibit A.
Reduction in Payment. Except as otherwise provided in an Employment Agreement, if payments made to Employee by the Company, including payments pursuant to the Award, are considered “excess parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), then such Award payment due under this agreement will be reduced, but not below zero, such that the sum of the payments to the Employee under the Award plus any other payments to the Employee by the Company shall be limited to the greatest amount which may be paid to the Employee without causing a loss of deduction to the Company under Section 280G of the Code or an excise tax liability to the Employee under Section 4999 of the Code.
Reduction in Payment. OWNER xxx refuse to make payment of the full amount recommended by Owner’s Representative because:
Reduction in Payment. DNR may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect DNR from loss or damage for reasons including but not limited to:
1. Work not in accordance with the Contract Documents;
2. Reasonable evidence that the Work required by the Contract Documents cannot be completed for the unpaid balance of the Contract Sum;
3. Work by DNR to correct defective Work or complete the Work;
4. Failure to perform in accordance with the Contract Documents; or
5. Cost or liability that may occur to DNR as the result of Contractor's fault or negligent acts or omissions.
Reduction in Payment a) The LOC accepts that according to the agreement between FIS and the Rights Holder, the latter shall be entitled to make reductions in payments to the FIS if the infrastructure and facilities and the services to be provided by the LOC are not delivered in time or are of unsatisfactory quality.
b) In particular, if the LOC does not deliver the infrastructure, facilities and/or services specified in the Technical Annex and pursuant to this Agreement to the full satisfaction of the Rights Holder, and:
(i) the Rights Holder has notified FIS and the LOC in writing of such non- delivery giving the LOC reasonable time to remedy such non-delivery (if capable of remedy), and;
(ii) such non-delivery has, in the reasonable opinion of the Rights Holder, a material adverse effect on the Rights, then FIS shall be entitled to make an equitable reduction in the consideration payable to the LOC in respect of the FIS Championship. The amount of such a reduction shall be determined in good faith between the Rights Holder, the LOC and FIS.
c) In the event of documented breaches of delivery of the infrastructure, facilities and services specified in the Technical Annex (Appendix 3) in the Agreement and in particular in Clause 8.9 above which are not timely remedied by the LOC, FIS shall be entitled to withhold the amount claimed from the last payment of consideration due to the LOC through FIS in respect of the FIS Championships. The amount of such a withholding shall be determined in good faith between the LOC and FIS, after consultation with the Rights Holder.
d) If the FIS Championships or any Competition(s) constituting part of the FIS Championships is or are cancelled for any reason whatsoever (other than due to a Force Majeure Event), (by way of clarification and not limitation a Competition is deemed to have been cancelled if the results do not count as World Championships results), the FIS shall give written notice to the LOC of the occurrence of such event and any action required to resolve it (if capable of solution). If the problem is not resolved within a reasonable period or is incapable of resolution, the Parties will meet as soon as possible to discuss the impact of the non-staging of the FIS Championships or any Competition and shall agree in good faith without delay an appropriate reduction in the consideration payable by the FIS to reflect such non-staging. Appendix 5 sets out the percentage value for each race of the FIS Championships which shall be used i...
Reduction in Payment. In the event that any payment hereunder would, in the opinion of the Company's independent accounting firm, if not reduced, cause an excise tax under Section 4999 of the Internal Revenue Code of 1986, as amended on Executive, the amount of such payment shall be reduced by the minimum amount, if any, that in the opinion of such accounting firm, is necessary to avoid such excise tax. The determination of the accounting firm shall be conclusive and binding on the parties.
Reduction in Payment. 7.3.1 UTILITIES may refuse to make payment of the full amount because:
7.3.1.1 Claims have been made against UTILITIES on account of CONTRACTOR’s performance or furnishing of the Work;
7.3.1.2 Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to UTILITIES to secure the satisfaction and discharge of such Liens;
7.3.1.3 There are other items entitling UTILITIES to a set-off against the amount recommended; or
7.3.1.4 UTILITIES has actual knowledge of the occurrence of any of the events enumerated herein.
7.3.2 If UTILITIES refuses to make payment of the full amount requested, UTILITIES must give CONTRACTOR immediate written notice stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. UTILITIES shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by UTILITIES and CONTRACTOR, when CONTRACTOR corrects to UTILITIES’ satisfaction the reasons for such action.
7.3.3 If it is subsequently determined that UTILITIES’ refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due to CONTRACTOR.
Reduction in Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because:
1. Claims have been made against Owner on account of DB Entity’s performance or furnishing of the Work; or
2. Liens have been filed in connection with the Work, except where DB Entity has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;
3. There are other items entitling Owner to a set off against the amount for which application is made; or
4. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraph 14.02.A or if DB Entity is otherwise in breach.
