RIGHT TO WITHHOLD. If work under this Contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while Contractor gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful.
RIGHT TO WITHHOLD. If work under this Contract is not performed in accordance with the terms, hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as the Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, the Government may apply such sums in such manner as the Government may deem proper to secure itself or to satisfy such claims. The Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold.
RIGHT TO WITHHOLD. The Management Committee, on behalf of the Company, shall withhold from any distribution such amounts as are required to be withheld by the laws of any taxing jurisdiction (as determined in the sole and absolute discretion of the Management Committee). In addition, the Management Committee, on behalf of the Company shall withhold from any distribution to any Member any amounts for which such Member (or any Affiliate thereof) may be liable or responsible to the Company, and shall apply such withheld amount to such liability or responsibility. All amounts so withheld shall be treated as amounts distributed to the respective Member(s) on whose account the withholding was imposed.
RIGHT TO WITHHOLD. XXX has the right to withhold payment to CONTRACTOR when: (A) CONTRACTORS performance, in whole or in part, either has not been carried out or is insufficiently documented; including but not limited to, failure to implement the individualized education program and all attachments incorporated therein of the student(s) for whom this Contract is written; (B) CONTRACTOR has neglected, failed or refused to furnish information or to cooperate with the inspection, review or audit of its program, work or records; (C) education and/or related services is provided by LEA students by personnel who are not appropriately credentialed/licensed or otherwise qualified; (D) Contractor was overpaid by XXX as determined by inspection, review, and/or audit of its program, work, and /or records; (E) CONTRACTOR has failed to provide to LEA all documents prior to school closure;
RIGHT TO WITHHOLD. Each of the Trustee and the Paying Agent shall be entitled to deduct FATCA Withholding Tax, and shall have no obligation to gross-up any payment hereunder or to pay any additional amount as a result of such FATCA Withholding Tax.
RIGHT TO WITHHOLD. Notwithstanding any other provision in this Agreement to the contrary, Ingram shall not be deemed in default if it withholds any specific amount to Vendor because of a legitimate dispute between the parties as to that specific amount pending the timely resolution of the disputed amount.
RIGHT TO WITHHOLD. LEA may withhold payment to PROVIDER, on ten (10) working days written notice of such withholding, when in the opinion of the LEA:
a. PROVIDER 'S performance, in whole or in part, either has not been carried out or is insufficiently documented.
b. PROVIDER has neglected, failed, or refused to furnish information or to cooperate with the inspection, review, or audit of its program, work or records.
c. PROVIDER has failed to submit the invoice in a timely manner. If LEA gives notice of intent to withhold, PROVIDER shall have fourteen (14) days from the date of receipt of said notice to correct such deficiency and/or may invoke the dispute resolution provision herein.
RIGHT TO WITHHOLD. (a) LEA may withhold payment to CONTRACTOR when:
(1) CONTRACTOR has failed to perform, in whole or in part, under the terms of this Contract;
(2) CONTRACTOR was overpaid by XXX as determined by inspection, review, and/or audit of its program, work, and/or records;
(3) CONTRACTOR has failed to submit a payment demand that fully complies with the requirements of Section Q.7, including failure to use the proper form;
(4) Special education and/or DIS are provided to pupils by persons who are not appropriately credentialed, licensed, or otherwise qualified;
(5) XXX has not received prior to school closure or contract termination all documents concerning one or more pupils enrolled in CONTRACTOR’s program;
(6) CONTRACTOR fails to notify a pupil’s change of residence to another district or confirms the change or residence to another district, but fails to notify LEA as required under Section P(3);
(7) CONTRACTOR receives payment from Medi-Cal or from any other agency or funding source for a service provided to a LEA pupil or
(8) CONTRACTOR has failed to fully comply with Section T, Insurance.
(b) The amount which may be withheld by XXX with respect to each of the subparagraphs in paragraph Q.8.a. are as follows:
(1) The portion of the payment demand the service or services CONTRACTOR failed to perform;
(2) The amount of overpayment;
(3) The portion of the payment demand for which satisfactory documentation was not provided by CONTRACTOR
(4) The portion of the payment demand for services provided by any person not appropriately credentialed, licensed, or otherwise qualified;
(5) The proportionate amount of the payment demand related to the applicable pupil(s) from the date the violation occurred and until the violation is cured;
(6) The amount charged for any services after the pupil’s change of residence to a residence outside of LEA’s boundaries;
(7) The amount paid to CONTRACTOR by Medi-Cal or another agency or funding source for the service provided to the LEA pupil; and
(8) The amount of any payment demand applicable to the period during which CONTRACTOR failed to comply with Section T.
RIGHT TO WITHHOLD. If considered necessary by an Indemnified Party, any amounts due the Authority from that Indemnified Party under Section 5.4, whether as provided for in this Agreement or any subsequently adopted Master Plan, may be retained by the Indemnified Party until all Claims against the Indemnified Party subject to the Indemnification Obligations have been settled or otherwise resolved by the Authority. Any withheld amounts shall not be subject to payment of interest.
RIGHT TO WITHHOLD. The Company shall have the right to make all ----------------- appropriate withholdings from your salary and other compensation under federal, state and local tax laws.
