Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) days after receiving any Application for Payment of any defect in the Application for Payment or the Contractor’s performance which may result in the Department’s declining to pay all or a part of the requested amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if:
10.9.1 the Work is defective and such defects have not been remedied; or
10.9.2 the Department has determined that the Contractor’s progress has fallen behind the Project Schedule, and the Contractor fails, within ten (10) calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable Recovery Plan in accordance with Section 5.18; or
10.9.3 the Contractor's monthly schedule update reflects that the Contractor has fallen behind the Project Schedule, and the Contractor fails to include, in the same monthly report, a realistic and acceptable Recovery Plan in accordance with Section 5.18; or
10.9.4 the Contractor has failed to provide reports in full compliance with Section 5.5 of this Agreement; or
10.9.5 the Contractor has failed to pay Subcontractors or suppliers promptly or has made false or inaccurate certifications that payments to Subcontractors or suppliers are due or have been made; or
10.9.6 any mechanic’s lien has been filed against the Department, the site or any portion thereof or interest therein, or any improvements on the site, even though the Department has paid all undisputed amounts due to the Contractor, and the Contractor, upon notice, has failed to remove the lien, by bonding it off or otherwise, within ten (10) calendar days; or
10.9.7 the Department has reasonable evidence that the Work will not be completed by the Substantial Completion Date, as required, that the unpaid balance of the GMP would not be adequate to cover actual or liquidated damages arising from the anticipated delay; or
10.9.8 the Department has reasonable evidence that the Work cannot be completed for the unpaid balance of the GMP; or
10.9.9 the Contractor is otherwise in substantial breach of this Agreement (including, without limitation, failures to comply with LSDBE Utilization requirements; or
10.9.10 the Application for Payment is incomplete, unsubstantiated and/or does not contain sufficient documentation for evaluation by the Contracting Officer.
Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
Right to Withhold Payments. The Department will notify the Design-Builder within fifteen (15) days after receiving any Application for Payment of any defect in the Application for Payment or the Design-Builder’s performance which may result in the Department’s declining to pay all or a part of the requested amount. The Department may withhold payment from the Design-Builder, in whole or part, as appropriate, if:
Right to Withhold Payments. District shall have the right to withhold from payments due Contractor such sums as necessary, in District’s sole opinion, to protect District against any loss, damage or claim which may result from Contractor's performance or failure to perform under this agreement or the failure of Contractor to make proper payment to any suppliers or subcontractors. If a liquidated damages provision is contained in the Scope of Work and if Contractor has violated that provision, District shall have the right to withhold from payments due Contractor such sums as are required to satisfy District’s claims under that provision.
Right to Withhold Payments. Upon the determination of a majority of the Board of Directors that the Executive has breached his obligations in any material respect under Sections 7 or 8 the Company pursuing all available remedies under this Agreement, at law or otherwise, and without limiting its right to pursue the same, shall cease all payments to the Executive under this Agreement.
Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) days after receiving any Application for Payment of any defect in the Application for Payment or the Contractor’s performance which may result in the Department’s declining to pay all or a part of the requested amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if:
.1 the Work is defective and such defects have not been remedied; or
Right to Withhold Payments. (a) In addition to all other rights and remedies of District hereunder and by virtue of the law, District may withhold up to one hundred fifty percent (150%) of claimed or bona fide disputed amounts from any Tenant Improvement Payment (any progress payment, final payment, retention funds, or Lease Payments) to such extent as may reasonably be necessary to protect District from loss on account of:
(1) Failure of Contractor to comply with the Contract Documents, including but not limited to incomplete or defective Work not remedied, irrespective of when any such Work is found to be defective;
(2) Claims or liens filed including, but not limited to claims under sections 1775, 1776, or 1777.7 of the Labor Code, or as recodified in the future;
(3) Failure of Contractor to make payments for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers, where such failure results in the delivery of a stop notice to District;
(4) Unsatisfactory prosecution of the Work by Contractor, and/or failure of Contractor to complete the Work by the Date of Completion to the extent of any associated liquidated damages sums that are due and owing; or
(5) Damage directly caused by Contractor to District, Work or property.
(6) Claims against Contractor or any Subcontractors for labor/materials furnished in and about the performance of Work on the Project, for which a Stop Notice or other appropriate documentation has been received by District.
(7) Failure of Contractor to make proper payments to Subcontractors for material or labor.
(8) Failure to complete the Project in accordance with the Project Documents, if there exists reasonable doubt that the Project can be completed on the agreed upon schedule for the contract balance then unpaid.
(9) Damage to another contractor as may be applicable to the terms of this Agreement.
(10) Site clean-up.
(b) Whenever District shall, in accordance herewith, withhold any monies otherwise due to Contractor, written notice of the amount withheld and the reasons therefore will be given to Contractor. After Contractor has corrected the enumerated deficiencies, District will promptly pay to Contractor the amount so withheld. When monies are withheld to protect District against claims or liens of mechanics, material men, Subcontractors, etc., District may at its discretion permit Contractor to deliver a surety bond in terms and amount satisfactory to District, indemnifying District against any loss or expense, and upon a...
Right to Withhold Payments. Metro will have the right to withhold payments due to the City such sums as necessary, in Metro's sole opinion, to protect Metro against any loss, damage or claim which may result from the City’s performance or failure to perform under this Agreement or the failure of the City to make proper payment to any suppliers or subcontractors.
Right to Withhold Payments. The Department will notify the Contractor within fifteen (15) calendar days after receiving any invoice for payment of any defect in the invoice or the work which may result in the Department's declining to pay all or a part of the invoiced amount. The Department may withhold payment from the Contractor, in whole or part, as appropriate, if
i. the work is defective and such defects have not been remedied; or
ii. the Department has determined that the Contractor's progress has fallen behind the Project Schedule, and the Contractor fails, within five calendar days of the Department’s written demand, to provide the Department with a realistic and acceptable plan to recover the delays; or
iii. the Contractor has failed to pay subcontractors promptly or has made false or inaccurate certifications that payments to Subcontractors or Suppliers are due or have been made; or
iv. the Contractor is otherwise in substantial breach of the Contract (including, without limitation, failures to comply with the these Special Provisions). SECTION SIX (6)
Right to Withhold Payments. County shall have the right to withhold from payments due Contractor such sums as necessary, in County’s sole opinion, to protect County against any loss, damage or claim which may result from Contractor's performance or failure to perform under this Contract or the failure of Contractor to make proper payment to any suppliers or subcontractors. If a liquidated damages provision is contained in the Scope of Work and if Contractor has violated that provision, County shall have the right to withhold from payments due Contractor such sums as are required to satisfy County’s claims under that provision.
