Common use of Unexcused Failure to Pay Clause in Contracts

Unexcused Failure to Pay. If Owner, without cause or basis hereunder, fails to pay Design/Builder any amounts due and payable to Design/Builder within thirty (30) days after the date established herein for payment of such amounts, then Design/Builder may suspend its Design Services or, as applicable, the Work until payment is made, provided that Design/Builder first gives ten (10) days' written notice to Owner of its intent.

Appears in 3 contracts

Samples: Guaranteed Maximum Price Design and Construction Agreement, Design and Construction Agreement, Design and Construction Agreement

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Unexcused Failure to Pay. If Owner, without justifiable cause or basis hereunder, fails to pay Design/Builder any amounts due and payable to Design/Builder within thirty twenty-one (3021) days after the date established herein for payment of such amounts, then Design/Builder may suspend its Design Services or, as applicable, the Work until payment is made, provided that Design/Builder first gives ten five (105) days' written notice to Owner of its intent. Any payment due hereunder which is not made within thirty (30) days after the date due shall bear interest at statutory interest rate set forth in I.C. 00-00-000.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

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Unexcused Failure to Pay. If Owner, without cause or basis hereunder, fails to pay Design/Builder any amounts due and payable to Design/Builder within thirty (30) days after the date established herein for payment of such amounts, then Design/Builder may suspend its Design Services or, as applicable, the Work until payment is made, provided that Design/Builder first gives ten (10) days' written notice to Owner of its intent.

Appears in 1 contract

Samples: Design and Construction Agreement

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