Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
Appears in 23 contracts
Samples: Contract Services Agreement, Agreement for Services, Contract Services Agreement
Retention of Funds. Consultant Contractor hereby authorizes City to deduct from any amount payable to Consultant Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of ConsultantContractor’s acts or omissions in performing or failing to perform ConsultantContractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by ConsultantContractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant Contractor to insure, indemnify, and protect City as elsewhere provided herein.
Appears in 20 contracts
Samples: Agreement for Contract Services, Public Works Agreement, Agreement for Contract
Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
Appears in 4 contracts
Samples: Agreement for Services, Agreement for Services, Agreement for Services
Retention of Funds. Consultant Contractor hereby authorizes City to deduct from any amount payable to Consultant Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s Contractor's acts or omissions in performing or failing to perform Consultant’s Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by ConsultantContractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant Contractor to insure, indemnify, and protect City as elsewhere provided herein.
Appears in 1 contract
Samples: Contract Services Agreement
Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any Agreement)(i)any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, ,costs, ,liabilities, ,or damages suffered by City, ,and (ii) all amounts for which City may be liable to third parties, ,by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, ,the amount or validity of which is disputed by Consultant, ,or any indebtedness shall exist which shall appear to be the basis for a claim of lien, ,City may withhold from any payment due, ,without liability for interest because of such withholding, ,an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, ,however, ,affect the obligations of the Consultant to insure, ,indemnify, ,and protect City as elsewhere provided herein.
Appears in 1 contract
Samples: License Agreement
Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
Appears in 1 contract
Samples: Agreement for Professional Services
Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s 's acts or omissions in performing or failing to perform Consultant’s 's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
Appears in 1 contract
Samples: Professional Services Agreement