Right to Withhold Funds. The Authority may withhold payments under this Grant Agreement for non-compliance with any of the provisions of this Grant Agreement.
Right to Withhold Funds. The State may withhold payments under this grant agreement for any violation of the provisions of this grant agreement.
Right to Withhold Funds. DCCD may amend, reduce or withhold Disbursement until such time as DCCD shall be satisfied, in its sole discretion, that the requirements set forth in this Agreement have been performed in full, and that the Request for Disbursement and the Supporting Documentation received by DCCD in connection therewith all support the amount of the Disbursement requested by the Authority. DCCD may elect to amend, reduce or withhold Disbursement if DCCD determines at any time in its sole discretion that (i) the actual Project Costs or the progress of the Project is materially inconsistent with the Request for Disbursement; (ii) the percentage of completion of the Project differs materially from that shown on the Request for Disbursement or from that shown on any documentation submitted to DCCD with the Request for Disbursement; (iii) the Authority shall have failed to perform any condition precedent to the Disbursement under the terms and conditions of this Agreement or the other Grant Documents; or (iv) any Event of Default or Unmatured Default shall have occurred and be continuing.
Right to Withhold Funds. Cabinet may withhold funding of the Disbursement to Escrow until such time as Cabinet shall be satisfied in its sole discretion that the requirements set forth in this Agreement have been performed in full. The Cabinet may further direct Fiscal Agent to withhold any disbursement to Beneficiary if the Cabinet determines at any time in its sole discretion that the Fiscal Agent or the Beneficiary has failed to perform under the terms and conditions of this Agreement or the other Grant Documents or should any Event of Default or Unmatured Default have occurred and be continuing. The Cabinet’s ability to direct Fiscal Agent to withhold any disbursement to Beneficiary shall survive the term of this Agreement and shall remain a right exercisable by the Cabinet until Project Completion.
Right to Withhold Funds. In addition to the right to require Equity Funds hereunder, Administrative Agent may elect to withhold any Advance, notwithstanding the substance of any report of the Inspector, Engineer or Architect, or any documentation submitted to Administrative Agent in connection with a request for an Advance, if Administrative Agent reasonably determines at any time that the actual cost budget or progress of construction differs materially from that as shown on the Use of Proceeds attached hereto as Exhibit “B” (as may be adjusted pursuant to Section 5(b)), or that the percentage of progress of construction of the Improvements differs materially from that as shown on the request for an Advance for the period in question. Furthermore, if any instrument or document submitted by Borrower in connection with any Advance request does not comply in all respects, in the reasonable exercise of Administrative Agent’s discretion, with the conditions and requirements of this Agreement then Administrative Agent may amend, reduce or withhold funding of an Advance request, as Administrative Agent, in its reasonable and timely discretion, shall deem proper under the circumstances. Borrower expressly acknowledges and agrees that any notice given by Administrative Agent pursuant to this Agreement or any of the Loan Documents shall be absolutely privileged and not a basis for any claims for slander, libel, defamation or any such claim.
Right to Withhold Funds. In addition to the right to require Equity Funds (hereinafter defined), Lender may elect to withhold any Advance, notwithstanding the substance of any report of any Inspector or Architect, or any documentation submitted to Lender in connection with a request for an Advance, if Lender determines, at any time, that the actual cost, budget or progress of construction differs materially from that as shown on the breakdown of costs or that the percentage of progress of construction of the Improvements differs materially from that as shown on the request for an Advance for the period in question. Furthermore, if any instrument or document submitted by Borrower in connection with any request for an Advance shall not, in the reasonable exercise of Lender's reasonable discretion, comply in all respects with the conditions and requirements of this Agreement, then Lender may amend, reduce or withhold funding of a request for an Advance, as Lender, in its reasonable discretion, shall deem proper under the circumstances.
Right to Withhold Funds. Lender may elect to withhold any Advance, notwithstanding any documentation submitted to Lender in connection with a request for an Advance, if Lender determines at any time that the actual cost budget for the Improvements is in excess of the breakdown of costs approved by Lender. Furthermore, if any instrument or document submitted by Borrower in connection with any Advance request shall not, in the reasonable exercise of Lender's discretion, comply in all respects with the conditions and requirements of this Agreement, then Lender may amend, reduce or withhold funding of an Advance request as Lender, in its reasonable and timely discretion, shall deem proper under the circumstances. In addition, if Lender, in its sole and absolute discretion, ever determines chat the cost to complete any Improvements in accordance with the Final Plans will exceed the amount approved for disbursement hereunder, the Lender may require the Borrower to deposit with the Lender an amount equal to the difference between the actual cost to complete, as determined by the Lender, and the amount approved for disbursement hereunder, in which event such deposited funds shall be disbursed by the Lender for payment of Costs prior to any additional disbursements of Loan proceeds hereunder.
Right to Withhold Funds. Cabinet may amend, reduce, or withhold funding of any Disbursement until such time as Cabinet shall be satisfied in its sole discretion that the requirements set forth in this Grant Agreement have been performed in full and that the Request for Disbursement and the documentation received by Cabinet in support thereof support the amount of the Disbursement requested. Cabinet may elect to amend, reduce, or withhold any Disbursement if Cabinet determines at any time in its sole discretion that the Grantee or the Beneficiary has failed to perform any condition precedent to the Disbursement under the terms and conditions of this Grant Agreement or the other Grant Documents or should any Event of Default or Unmatured Default have occurred and be continuing.
Right to Withhold Funds. 10 The District may withhold the whole or a part of any payment under Paragraph D to such 11 extent as may be necessary to protect the District from loss, including costs and attorneys' fees, which 12 may arise for reasons including, but not limited to, the following: 1) defective or deficient work not
Right to Withhold Funds. In addition to the right to require Equity Funds under Sections 2.2(r) and 2.8, Lender may elect to withhold any Advance, notwithstanding the substance of any report of the Consulting Engineer or the Design Professional, or any documentation submitted to Lender in connection with a request for an Advance, if Lender determines at any time that the actual cost budget differs materially from that as shown on the Development Budget, but, only if Borrower does not bring the loan into balance within forty-five (45) days from written notice of such determination by Lender, or that the percentage of progress of construction of the Improvements differs materially from that as shown on the request for an Advance for the period in question. Furthermore, if any instrument or document submitted by Borrower in connection with any Advance request shall not, in the reasonable exercise of Lender's discretion, comply in all respects with the conditions and requirements of this Agreement then Lender may amend, reduce or withhold funding of an Advance request, as Lender, in its reasonable and timely discretion, shall deem proper under the circumstances.
