Common use of Retainage on Progress Payments Clause in Contracts

Retainage on Progress Payments. Owner will retain ten percent (10%) of each payment up to a maximum of Five Million Two Hundred Ninety-nine Thousand Eight Hundred Fifty Dollars ($5,299,850.00). The maximum retainage set forth herein shall increase if the Contract Price is increased pursuant to Section 9.2 of this Agreement, such that the maximum retainage will equal five (5%) of the Contract Price as adjusted. Once Five Million Two Hundred Ninety-nine Thousand Eight Hundred Fifty Dollars ($5,299,850.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. Upon Substantial Completion of the Work Owner shall release to Design-Builder all retained amounts less an amount equal to one hundred fifty percent (150%) of the reasonable value of all remaining or incomplete items of Work and less an amount equal to the value of any Subcontractor lien waivers not yet obtained, as noted in the Certificate of Substantial Completion, provided that such payment shall only be made if Design-Builder has met the Performance Guarantee Criteria listed in Exhibit A.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (Cardinal Ethanol LLC)

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Retainage on Progress Payments. Owner will retain ten percent (10%) of each payment up to a maximum of Five Six Million Two Hundred Ninety-nine five Thousand Eight One Hundred Fifty Eighty-five Dollars ($5,299,850.006,295,185.00). The Once Six Million Two Hundred Ninety-five Thousand One Hundred Eighty-five Dollars ($6,295,185.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Notwithstanding the foregoing, the maximum retainage set forth herein shall increase if the Contract Price is increased pursuant to Section 9.2 of this Agreement, Agreement such that the maximum retainage will equal five percent (5%) of the Contract Price as adjusted. Once Five Million Two Hundred Ninety-nine Thousand Eight Hundred Fifty Dollars ($5,299,850.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. Upon Substantial Completion of the Work Owner shall release to Design-Builder all retained amounts less an amount equal to one hundred and fifty percent (150%) of the reasonable value of all remaining or incomplete items of Work and less an amount equal to the value of any Subcontractor lien waivers not yet obtained, as noted in the Certificate of Substantial Completion, provided that such payment shall only be made if Design-Builder has met the Performance Guarantee Criteria listed in Exhibit A.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (First United Ethanol LLC)

Retainage on Progress Payments. Owner will retain ten percent (10%) of each payment up to a maximum of Five Six Million Two Hundred Ninety-nine Ten Thousand Eight Hundred Fifty Twenty-five Dollars ($5,299,850.006,010,825.00). The Once Six Million Ten Thousand Eight Hundred Twenty-five Dollars One Earth Energy, LLC May 17, 2007 ($6,010,825.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Notwithstanding the foregoing, the maximum retainage set forth herein shall increase if the Contract Price is increased pursuant to Section 9.2 of this Agreement, Agreement such that the maximum retainage will equal five percent (5%) of the Contract Price as adjusted. Once Five Million Two Hundred Ninety-nine Thousand Eight Hundred Fifty Dollars ($5,299,850.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. Upon Substantial Completion of the Work Owner shall release to Design-Builder all retained amounts less an amount equal to one hundred and fifty percent (150%) of the reasonable value of all remaining or incomplete items of Work and less an amount equal to the value of any Subcontractor lien waivers not yet obtained, as noted in the Certificate of Substantial Completion, provided that such payment shall only be made if Design-Builder has met the Performance Guarantee Criteria listed in Exhibit A.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (One Earth Energy LLC)

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Retainage on Progress Payments. Owner will retain ten percent (10%) of each payment up to a maximum of Five Million Two Four Hundred NinetyEighty-five Thousand Three Hundred Thirty-nine Thousand Eight Hundred Fifty Dollars ($5,299,850.005,485,339.00). The Once Five Million Four Hundred Eighty-five Thousand Three Hundred Thirty-nine Dollars ($5,485,339.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Notwithstanding the foregoing, the maximum retainage set forth herein shall increase if the Contract Price is increased pursuant to Section 9.2 of this Agreement, Agreement such that the maximum retainage will equal five percent (5%) of the Contract Price as adjusted. Once Five Million Two Hundred Ninety-nine Thousand Eight Hundred Fifty Dollars ($5,299,850.00) has been retained, in total, Owner will not retain any additional amounts from any subsequent payments. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. Upon Substantial Completion of the Work Owner shall release to Design-Builder all retained amounts less an amount equal to one hundred fifty percent (150%) of the reasonable value of all remaining or incomplete items of Work and less an amount equal to the value of any Subcontractor lien waivers not yet obtained, as noted in the Certificate of Substantial Completion, provided that such payment shall only be made if Design-Builder has met the Performance Guarantee Criteria listed in Exhibit A.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (Homeland Energy Solutions LLC)

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