Withholding of Payment. If Data or other deliverable information, or any part thereof, is not delivered within the time specified by this Order, or is deficient upon delivery (including having restrictive markings not specifically authorized by this Order), Buyer may, until such Data is delivered or deficiencies are corrected, withhold payment to Seller of ten percent (10%) of the total price of this Order, unless a greater withholding is specified in the schedule. Payments shall not be withheld, nor any other action taken pursuant to this clause, where Xxxxxx’s failure to make timely delivery, or to deliver Data without deficiencies, arises out of causes beyond the control and without the fault or negligence of Seller within the meaning of the “Termination for Default” clause of this Order. The withholding of any amount, or subsequent payment thereof, to Seller shall not be construed as a waiver of any rights accruing to the Buyer under this Order.
Appears in 10 contracts
Samples: Purchase Order Terms and Conditions, General Provisions, General Provisions
Withholding of Payment. If Data or other deliverable information, or any part thereof, is not delivered within the time specified by this Order, or is deficient upon delivery (including having restrictive markings not specifically authorized by this Order), Buyer may, until such Data is delivered or deficiencies are corrected, withhold payment to Seller of ten percent (10%) of the total price of this Order, unless a greater withholding is specified in the schedule. Payments shall not be withheld, nor any other action taken pursuant to this clause, where Xxxxxx’s failure to make timely delivery, or to deliver Data without deficiencies, arises out of causes beyond the control and without the fault or negligence of Seller within the meaning of the “Termination for Default” clause of this Order. The withholding of any amount, or subsequent payment thereof, to Seller shall not be construed as a waiver of any rights accruing to the Buyer under this Order.
Appears in 3 contracts
Samples: General Provisions, General Provisions, General Provisions
Withholding of Payment. If Data or other deliverable information, or any part thereof, is not delivered within the time specified by this Order, or is deficient upon delivery (including having restrictive markings not specifically authorized by this Order), Buyer may, until such Data is delivered or deficiencies are corrected, withhold payment to Seller of ten percent (10%) of the total price of this Order, unless a greater withholding is specified in the schedule. Payments shall not be withheld, nor any other action taken pursuant to this clause, where Xxxxxx’s failure to make timely delivery, or to deliver Data without deficiencies, arises out of causes beyond the control and without the fault or negligence of Seller within the meaning of the “Termination for Default” clause of this Order. The withholding of any amount, or subsequent payment thereof, to Seller shall not be construed as a waiver of any rights accruing to the Buyer under this Order.Order.
Appears in 1 contract
Samples: General Provisions