Withholding of Fees. In the event that the Trust determines, in its sole and reasonable discretion, that there has occurred a material breach of this Agreement that has not been remedied within the applicable cure period following written notice of such breach, the Trust may withhold any fees then payable to the Transfer Agent. If such breach has not been remedied within thirty days of the receipt of a second written notice of such breach, the Trust may retain all or a portion of the withheld fees that is proportionate to the harm caused by such breach, provided, however, that nothing herein shall prevent the Trust from pursuing other remedies to which it may be entitled, including equitable relief or compensatory damages for breach of this Agreement. If the Transfer Agent does not agree with the amount of withheld payments to be retained by the Trust, the parties will go to arbitration, with the costs of arbitration paid by the Transfer Agent.
Withholding of Fees. In addition to the remedies described herein, in the event that Contractor fails to meet a Milestone, the County shall be entitled to withhold any Fees corresponding to such Milestone(s), until such time as Contractor, through the diligent exercise of all commercially reasonable effects, has successfully achieved such Milestone (except with regard to the date originally associated with such Milestone).
Withholding of Fees. Payment up to 70% of the total fee for this Agreement will be made prior to the receipt of the final draft of the final deliverable, based upon monthly invoices submitted by the Contractor. The Corporation shall withhold an amount equivalent to 30% of this Agreement, with final payment contingent upon receipt and acceptance by the Corporation of all reports and deliverables and services required to be provided hereunder to the Corporation, as indicated by a written letter of acceptance from the Corporation. All deliverables shall be submitted in draft for discussion and review by the Corporation. The Corporation will use its best efforts to accept or reject each deliverable within 30 days of receipt of the final draft. Acceptance of deliverables and services shall not be unreasonably withheld by the Corporation.
Withholding of Fees. In addition to the remedies described herein, and except as otherwise agreed by the Parties, in the event that Provider fails to meet a Critical Milestone, Client shall be entitled to withhold any Fees corresponding to such Critical Milestones, until such time as Provider, through the diligent exercise of all commercially reasonable effects, has successfully achieved such Critical Milestone (except with regard to the date originally associated with such Critical Milestone).
Withholding of Fees. In addition to the remedies described in Section 6.6.1, in the event that Vendor fails to meet a Critical Milestone, the Commonwealth shall be entitled to withhold any Fees corresponding to such Critical Milestones, until such time as Vendor, through the diligent exercise of all commercially reasonable effects, has successfully achieved such Critical Milestone (except with regard to the date originally associated with such Critical Milestone).
Withholding of Fees. In addition to the remedies described herein, in the event that Vendor fails to meet a Critical Milestone, or, with respect to Critical Milestones relating to Transition to “materially provide the services”, as specified in Section 4.2.5.(b), the Client shall be entitled to withhold any Fees corresponding to such Critical Milestones, until such time as Vendor, through the diligent exercise of all commercially reasonable effects, has successfully achieved such Critical Milestone (except with regard to the date originally associated with such Critical Milestone).
Withholding of Fees. Should a client allege a claim against a contractor or any third party involved in the project, such claim shall be dealt with on its own merits and the client may not withhold payment of any part of the fees or disbursements due to the quantity surveyor on this account
Withholding of Fees. Except as otherwise provided in this Agreement, any withholding of fees for a Service Failure shall be based upon proof provided by the LEA, Student, TUTOR, and any other party with information relevant to the dispute. BOOKNOOK shall make the initial determination as to whether a Service Failure was the result of Xxxxx’s action/omission. TUTOR shall have the right to challenge BOOKNOOK’s determination in accordance with the Arbitration Provision (Section 13).
Withholding of Fees. During the period of performance pursuant to this Agreement, Contractor is subject to the withholding of 6% of each payment in the event that the Contractor has elected to allow Vestech, LLC’s liability insurance to cover them in the event of damage to customer’s premises or equipment for which Contractor may be responsible. With the understanding that there is a $1500.00 deductible on the insurance.
Withholding of Fees. In addition to the remedies described herein, in the event that Vendor fails to meet a Critical Milestone, the Client shall be entitled to withhold any Fees corresponding to such Critical Milestones, until such time as Vendor, through the diligent exercise of all commercially reasonable effects, has successfully achieved such Critical Milestone (except with regard to the date originally associated with such Critical Milestone).
