Withholding of Payments. Notwithstanding anything to the contrary herein, the Grantee acknowledges that payments due under this Contract may be withheld or permanently suspended, in whole or in part, if Grantee fails to comply with any federal or state law, administrative rule, or regulation applicable to the services provided herein, or if Grantee fails to perform its duties and responsibilities in accordance with the terms and conditions of this Contract.
Withholding of Payments. On or before the date set forth in Section 10.2.3, Owner shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment, it will notify Design-Builder in writing at least five (5) Days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner’s concerns. Design-Builder and Owner will attempt to resolve Owner’s concerns prior to the date payment is due. If the Parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under Article 19. Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by the Agreement.
Withholding of Payments. HUD may withhold payments in accordance with 24 CFR § 85.21(g).
Withholding of Payments. A. In the event that any claim is made or any action is brought against the City for which the Contractor may be required to indemnify the City pursuant to this Agreement, the City shall have the right to withhold further payments under this Agreement for the purpose of set-off in sufficient sums to cover the said claim or action.
B. In the event that any City property is lost or damaged as set forth in Section 8.02, except for normal wear and tear, the City shall have the right to withhold further payments under this Agreement for the purpose of set-off in sufficient sums to cover such loss or damage.
C. The City shall not, however, impose a setoff in the event that an insurance company that provided liability insurance pursuant to Article 7 above has accepted the City's tender of the claim or action without a reservation of rights.
D. The Department may, at its option, withhold for purposes of set-off any monies due to the Contractor under this Agreement up to the amount of any disallowances or questioned costs resulting from any audits of the Contractor or to the amount of any overpayment to the Contractor with regard to this Agreement.
E. The rights and remedies of the City provided for in this Section shall not be exclusive and are in addition to any other rights and remedies provided by Law or this Agreement.
Withholding of Payments. Payments may be withheld to the extent of, and on account of:
a. defective Work not remedied, or Work not performed in accordance with the Contract Documents;
b. claims filed by third parties;
c. failure of the Contractor to make payments promptly to the subcontractors for labor, materials, or equipment;
d. persistent failure to carry perform the Work in accordance with the Contract Documents;
e. failure by the Contractor to perform its obligations under the Contract Documents; or
f. a default by the Contractor under the Contract Documents. The Agency shall promptly notify the Contractor of any reason for withholding payment.
Withholding of Payments. Where you:
Withholding of Payments. In any case where a question of non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should the amount withheld be finally paid, a cash discount originally offered may be taken as if no delay in payment had occurred.
Withholding of Payments. Notwithstanding any other payment terms or conditions to the contrary, the School District reserves the right to withhold promised payments for the Architectural Designer’s substantial failure to perform as agreed. Substantial failure to perform includes, but is not limited to, incomplete or incorrect or late submission of documents required under this Contract. However, before withholding payment under this Contract, the School District shall notify the Architectural Designer in writing of such failure and grant the Architectural Designer the opportunity to remedy same within fourteen (14) working days of said written notice. The School District may extend such remedial period, at its sole discretion, if there is evidence of the Architectural Designer’s good faith effort to remedy the failure. The School District will pay pro rata for the Architectural Designer’s partial performance, provided such performance is acceptable to the School District and is rendered satisfactorily.
Withholding of Payments. A. CDB may withhold payments, in whole or in part, for a material breach of the agreement, including but not limited to, the A/E's failure to perform services or meet the schedule, design errors or omissions, failure to pay consultants and failure to adhere to terms of this agreement.
B. Pursuant to 15 ILCS 405/10.05, CDB reserves the right to withhold payments as a set off when the A/E is liable to CDB in connection with any agreement, past or present, that the A/E has performed for CDB. When payments are withheld, CDB will notify the A/E in writing.
Withholding of Payments. The BCRC-Caribbean may withhold payment of any fee on account of, inter alia, the non-acceptance of the Consultant’s deliverables or breach of contract by the Consultant. The BCRC-Caribbean shall not withhold payment of any fee without giving the Consultant a written notice of the intention to withhold payment and the reason for withholding payment. No interest shall accrue on payments withheld by the BCRC- Caribbean. Basel Convention Regional Centre for Training and Technology Transfer for the Caribbean 5
