Withheld Payment. In the event of a breach of contract on the part of the Contractor, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract.
Withheld Payment. 5.3.1 The City may refuse to make any payment, may withhold payment of any funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of:
(a) defective Work not remedied by the Contractor or, in the opinion of the City, unlikely to be remedied by the Contractor;
(b) claims of third parties against the City or the City’s property;
(c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion;
(d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price;
(e) evidence that the Work will not be completed in the time required for Substantial Completion or final completion;
(f) Contractor’s persistent failure to carry out the Work in accordance with the Contract;
(g) damage to the City or a third party to whom the City is, or may be, liable. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand.
Withheld Payment. 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of:
(a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor;
(b) claims of third parties against the Owner or the Owner's property;
(c) failure by the Contractor to pay subcontractors or others in a prompt and proper fashion;
(d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price;
(e) evidence that the Work will not be completed in the time required for substantial or final completion;
(f) persistent failure to carry out the Work in accordance with the Contract;
(g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand.
Withheld Payment. 5.2.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of:
(a) Defective work not remedied by the Contractor;
(b) Claims of third parties against the Owner;
(c) Failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion;
(d) Evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price;
(e) Evidence that the Work will not be completed in the time required for substantial or final completion;
(f) Persistent failure to carry out the Work in accordance with the Contract;
(g) Damage to the Owner or a third party to whom the Owner is, or may be, liable.
Withheld Payment. 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of:
(a) defective Work not remedied by the Contractor nor, in the opinion of the City, likely to be remedied by the Contractor;
(b) claims of third parties against the City or the City's property, unless the surety provides the City a written consent regarding the payment(s) in question;
(c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion. The City may ask the surety for a written consent regarding the payment(s) in question. However, notwithstanding the foregoing, and provisions of Section 255.05 (11), Florida Statutes, the parties hereby agree that the City may condition its payment to the Contractor on the production of a release, waiver, or like documentation from a Subcontractor or others demonstrating that the Subcontractor or others do not have an outstanding claim for payments due on labor, services or materials furnished under the Contract. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.79) shall be suspended until such time as the City obtains the requested documentation;
(d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price;
(e) evidence that the Work will not be completed in the time required for final completion;
(f) persistent failure to carry out the Work in accordance with the Contract;
(g) damage to the City or a third party to whom the City is, or may be liable;
(h) failure to comply with 5.2.3 of this section. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such demand within ten (10) days of receipt of same.
Withheld Payment. In the event of a breach of contract, the Contracting Authority may withhold payment, although the amount withheld must obviously not be greater than what is necessary to secure the Contracting Authority’s claim of a breach of contract.
Withheld Payment. Payment may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly for labor, materials or equipment, (4) damage to the School District or another contractor, (5) reasonable evidence that the unpaid balance would not be adequate to cover delay damages for which the Contractor is responsible, (6) failure to carry out the Work in accordance with the Contract Documents, or (7) liquidated damages.
Withheld Payment. 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the XXxX, to protect the City from loss because of:
(a) defective Work not remedied by the XXxX or, in the opinion of the City, not likely to be remedied by the XXxX;
(b) claims of third parties against the City or the City's property;
(c) failure by the XXxX to pay Subcontractors or others in a prompt and proper fashion;
(d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price;
(e) evidence that the Work will not be completed in the time required for Substantial or Final Completion;
(f) persistent failure to carry out the Work in accordance with the Contract;
(g) damage to the City or a third party to whom the City is, or may be, liable;
(h) failure to submit an updated project schedule in accordance with Subparagraph 3.2.3; or
(i) failure to submit record drawings in accordance with Subparagraph 7.7.
1. In the event that the City makes written demand upon the XXxX for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the XXxX shall promptly comply with such demand. The City shall have no duty to third parties to withhold payment to the XXxX and shall incur no liability for a failure to withhold funds.
Withheld Payment. 1) COUNTY may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to CONTRACTOR, to protect COUNTY from loss because of:
(a.) Defective Work not remedied by CONTRACTOR nor, in the opinion of COUNTY, likely to be remedied by CONTRACTOR;
(b.) Claims of third parties against COUNTY or COUNTY’s property or reasonable evidence indicating probable filing of such claims;
(c.) Failure by CONTRACTOR to pay subcontractors or others in a prompt and proper fashion;
(d.) Evidence that the Work cannot be completed in accordance with this Agreement for the unpaid balance of the Agreement Price;
(e.) Evidence that the Work will not be completed in the time required for Substantial Completion or Final Completion;
(f.) Persistent failure to carry out the Work in accordance with the Contract Documents; or (
Withheld Payment. 4.2.1 The County may decline to make payment, may withhold funds otherwise payable and, if necessary, may demand the return of some or all of the amounts previously paid to Contractor, if:
a) Any Claims are made against Contractor by the County or third parties, including Claims for liquidated damages or if reasonable evidence indicates the probability of the making of any such Claim;
b) Any Claims are made against the County, the County’s property or any other party indemnified hereunder which is or might be covered by Contractors Indemnification obligations under Section 10.2 below;
c) Contractor fails to pay Subcontractors or others in full and on-time;
d) Contractor fails to submit schedules, reports, or other information required under this Contract;
e) Contractor persistently fails to fully and timely perform the Services in accordance with the Contract Documents; or
f) Contractor is in default of any other representation, warranty, covenant or performance obligation of this Contract.
4.2.2 If Claims or liens filed against Contractor or property of the County connected with performance under this Contract are not promptly removed by Contractor after receipt of written notice from the County to do so, the County may remove such Claims or liens and all costs in connection with such removal shall be deducted from withheld payments or other monies due, or which may become due, to Contractor. If the amount of such withheld payments or other monies due Contractor under the Contract is insufficient to meet such cost, or if any Claim or lien against Contractor is discharged by the County after final payment is made, Contractor and its surety or sureties shall promptly pay the County all costs (including attorney's fees) incurred thereby regardless of when such Claim or lien arose.
