Common use of RIGHT TO WITHHOLD Clause in Contracts

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. (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. c) If LEA determines that cause exists to withhold payment to CONTRACTOR, LEA shall provide, within ten (10) working days, written notice to CONTRACTOR that LEA is withholding payment to CONTRACTOR. Such notice shall specify the basis or bases for LEA’s withholding of payment. Within fourteen (14) days from the date of receipt of such notice, CONTRACTOR shall take all necessary and appropriate action to correct the deficiencies that form the basis or bases for LEA’s notice of withholding and shall provide LEA with written documentation of its corrective action. d) Except as provided in Section Q.8.e., below, no payment of the amount withheld shall be due if XXX has given a notice of withholding unless within fourteen (14) days from the date of receipt of such notice CONTRACTOR provides XXX with satisfactory written documentation establishing that the basis or bases for the notice of withholding were in error. Upon showing of good cause XXX shall extend CONTRACTOR’s time to submit written documentation of error by an additional ten (10) days. e) If the notice of withholding is based on Section Q.8.a.3, no payment of the amount withheld shall be due if CONTRACTOR fails to submit a fully compliant payment demand within 30 calendar days after the date of the notice of withholding. XXX may impose a monetary deduction of $100 from invoice for each required deadline of non-compliance. Compliance deadlines to include, but not be limited to, the following: Attendance for ADA reporting Section Q.7.a., Change of address notification Section P.3., and CBEDS data. f) If CONTRACTOR submits an invoice to LEA thirty (30) days or more after the date listed in Section Q 7(a), the amount due on the invoice shall be reduced by 10%. If CONTRACTOR submits an invoice to LEA sixty (60) or more days after the date listed in Section Q.7.a, the amount due on the invoice shall be reduced by 25%. g) If CONTRACTOR fails to timely submit a make-up schedule as specified under General Provisions Section B., XXX may withhold payment to CONTRACTOR in the amount of ten percent (10%) on any payment demand for services rendered on and after the forty-sixth (46th) day of a missed session until the make-up schedule is submitted in a form acceptable to LEA. XXX shall give written notice of withholding pursuant to this section and approve or disapprove a make-up schedule within five (5) business days after receipt. XXX’s failure to respond within that period shall be deemed approval. Any notice of disapproval shall state the reasons for disapproval. In the event of disapproval, CONTRACTOR shall submit a revised make-up schedule to LEA for review and approval. If CONTRACTOR fails to complete make-up services on or before the 60th day of the missed sessions(s) or the last school day of the year, whichever is earlier, CONTRACTOR’S “Daily Program Rate”, or if specified in Section II.B., the “Rate/Day” or “Rate/Hour for the particular services(s) missed, shall be reduced by twenty-five percent (25%). The reduced rate shall apply for the period commencing on the forty-sixth (46th) day after any missed sessions(s) until all the missed services have been made up, unless the CONTRACTOR and LEA otherwise agree in writing, and XXX may take the reduction from any sum due under this Contract.

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.. follows: (b) The amount which may be withheld by XXX with respect to each of the subparagraphs in paragraph Q.8.a. are as follows:as (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. ‌ (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 confirm 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.. follows: (b) The amount which may be withheld by XXX with respect to each of the subparagraphs in paragraph Q.8.a. are as follows:as (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. (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.. follows: (b) The amount which may be withheld by XXX with respect to each of the subparagraphs in paragraph Q.8.a. are as follows:as (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.