Common use of Withholding Payments Clause in Contracts

Withholding Payments. (1) The DHB may withhold all or part of a payment due under this Agreement for each of the following defaulting actions that the PHO or a Contracted Provider commits: (a) if either the PHO or a Contracted Provider has committed a material breach of a reporting requirement in this Agreement, the DHB may withhold up to 10% of any management fee payments that are or become due; (b) if the PHO or a Contracted Provider has failed to co-operate with the DHB or an Auditor or has not provided the DHB or an Auditor with reasonable assistance in accordance with (c) if the PHO or a Contracted Provider is found to be in breach of this Agreement at the end of an Audit, the DHB may withhold any capitation payments due to the PHO or Contracted Provider, up to the value of the breach, or up to 10% of any management fee payments that are or become due if the value of the breach cannot be determined, as is reasonable in the circumstances; (d) if the PHO made a payment to a Contracted Provider that the Contracted Provider Claimed in breach of this Agreement, the DHB may withhold payment of any capitation payments that are or become due to that Contracted Provider, up to the value of the payment that was Claimed in breach of this Agreement. (2) A payment withheld under this clause will be paid to the PHO if: (a) in respect of a payment withheld under subclause B.40(1)(a) or B.40(1)(b), the PHO remedies the non-compliance or is found to have complied with the relevant requirement as an outcome of the dispute resolution process in clause B.37; and (b) in respect of a payment withheld under subclause B.40(1)(c) or B.40(1)(d), it is found as an outcome of the dispute resolution process in clause B.37 that there was no breach or Claim made in breach of this Agreement. (3) A payment to be repaid to the PHO under subclause (2) will be repaid on the Payment Day after the day of such agreement or determination.

Withholding Payments. (1) The DHB may withhold all or part of a payment due under this Agreement for each of the following defaulting actions that the PHO or a Contracted Provider commits: (a) if either the PHO or a Contracted Provider has committed a material breach of a reporting requirement in this Agreement, the DHB may withhold up to 10% of any management fee payments that are or become due; (b) if the PHO or a Contracted Provider has failed to co-operate with the DHB or an Auditor or has not provided the DHB or an Auditor with reasonable assistance in accordance withwith clause B.28, the DHB may withhold up to 10% of the PHO's management fee and/or up to 10% of any capitation payments that are or become due to the PHO or a Contracted Provider, as is reasonable in the circumstances; (c) if the PHO or a Contracted Provider is found to be in breach of this Agreement at the end of an Audit, the DHB may withhold any capitation payments due to the PHO or Contracted Provider, up to the value of the breach, or up to 10% of any management fee payments that are or become due if the value of the breach cannot be determined, as is reasonable in the circumstances; (d) if the PHO made a payment to a Contracted Provider that the Contracted Provider Claimed in breach of this Agreement, the DHB may withhold payment of any capitation payments that are or become due to that Contracted Provider, up to the value of the payment that was Claimed in breach of this Agreement. (2) A payment withheld under this clause will be paid to the PHO ifif : (a) in respect of a payment withheld under subclause B.40(1)(a) or B.40(1)(b), the PHO remedies the non-compliance or is found to have complied with the relevant requirement as an outcome of the dispute resolution process in clause B.37; and (b) in respect of a payment withheld under subclause B.40(1)(c) or B.40(1)(d), it is found as an outcome of the dispute resolution process in clause B.37 that there was no breach or Claim made in breach of this Agreement. (3) A payment to be repaid to the PHO under subclause (2) will be repaid on the Payment Day after the day of such agreement or determination.

Withholding Payments. (1) The DHB may Any provision hereof to the contrary notwithstanding, the Owner shall be entitled to withhold all payment to the Contractor here under in part or part of a payment due under this Agreement for each in whole to the extent necessary to protect the Owner if any one or more of the following defaulting actions that the PHO or a Contracted Provider commitsconditions exist: (a) if either the PHO or a Contracted Provider has committed a material breach of a reporting requirement 1. The Contractor is in this Agreement, the DHB may withhold up to 10% default of any management fee payments that are of its obligations hereunder or become dueotherwise is in default under any of the Contract Documents; (b) if 2. Any part of such payment is attributable to Work that is defective or not performed in accordance with the PHO or a Contracted Provider Drawings and Specifications; provided, however, such payment shall be made as to the part thereof attributable to Work that is performed in accordance with the Drawings and Specifications and is not defective; 3. The Contractor has failed to co-operate make payments promptly to the Contractor's Subcontractors or for materials or labor used in the Work for which the Owner has made payment to the Contractor and provided written notice to Contractor (in such instance the Owner specifically reserves the right with no implied obligation to make direct or joint payment to such Subcontractors or for such material or labor); 4. If the Owner, in its good faith judgment, determines that the portion of the Guaranteed Maximum Cost then remaining unpaid will not be sufficient to complete the Work in accordance with the DHB or an Auditor or Drawings and Specifications, whereupon no additional payments will be due the Contractor hereunder unless and until the Contractor, at its sole cost, performs a sufficient portion of the Work so that such portion of the Guaranteed Maximum Cost then remaining unpaid is determined by the Owner to be sufficient to so complete the Work; or 5. If the Owner in good faith determines that the Contractor has not provided met, or will not with prompt acceleration of the DHB Work meet, the Scheduled Substantial Completion Date or an Auditor with reasonable assistance in accordance with (c) Interim Completion Dates, if the PHO any. Furthermore, no partial payment made hereunder shall be or a Contracted Provider is found shall be construed to be in breach final acceptance or approval of this Agreement at the end of an Audit, the DHB may withhold any capitation payments due to the PHO or Contracted Provider, up to the value that part of the breachWork to which such partial payment relates, or up to 10% relieve the Contractor of any management fee payments that are or become due if the value of the breach cannot be determined, as is reasonable in the circumstances; (d) if the PHO made a payment to a Contracted Provider that the Contracted Provider Claimed in breach of this Agreement, the DHB may withhold payment of any capitation payments that are or become due to that Contracted Provider, up to the value of the payment that was Claimed in breach of this Agreementits obligations hereunder with respect thereto. (2) A payment withheld under this clause will be paid to the PHO if: (a) in respect of a payment withheld under subclause B.40(1)(a) or B.40(1)(b), the PHO remedies the non-compliance or is found to have complied with the relevant requirement as an outcome of the dispute resolution process in clause B.37; and (b) in respect of a payment withheld under subclause B.40(1)(c) or B.40(1)(d), it is found as an outcome of the dispute resolution process in clause B.37 that there was no breach or Claim made in breach of this Agreement. (3) A payment to be repaid to the PHO under subclause (2) will be repaid on the Payment Day after the day of such agreement or determination.

Withholding Payments. (1) The DHB may withhold all or part of a payment due under this Agreement for each of the following defaulting actions that the PHO or a Contracted Provider commits: (a) : if either the PHO or a Contracted Provider has committed a material breach of a reporting requirement in this Agreement, the DHB may withhold up to 10% of any management fee payments that are or become due; (b) ; if the PHO or a Contracted Provider has failed to co-operate with the DHB or an Auditor or has not provided the DHB or an Auditor with reasonable assistance in accordance with (c) with clause B.28, the DHB may withhold up to 10% of the PHO's management fee and/or up to 10% of any capitation payments that are or become due to the PHO or a Contracted Provider, as is reasonable in the circumstances; if the PHO or a Contracted Provider is found to be in breach of this Agreement at the end of an Audit, the DHB may withhold any capitation payments due to the PHO or Contracted Provider, up to the value of the breach, or up to 10% of any management fee payments that are or become due if the value of the breach cannot be determined, as is reasonable in the circumstances; (d) ; if the PHO made a payment to a Contracted Provider that the Contracted Provider Claimed in breach of this Agreement, the DHB may withhold payment of any capitation payments that are or become due to that Contracted Provider, up to the value of the payment that was Claimed in breach of this Agreement. (2) . A payment withheld under this clause will be paid to the PHO if: (a) : in respect of a payment withheld under subclause B.40(1)(a) or B.40(1)(b), the PHO remedies the non-compliance or is found to have complied with the relevant requirement as an outcome of the dispute resolution process in clause B.37; and (b) and in respect of a payment withheld under subclause B.40(1)(c) or B.40(1)(d), it is found as an outcome of the dispute resolution process in clause B.37 that there was no breach or Claim made in breach of this Agreement. (3) . A payment to be repaid to the PHO under subclause (2) will be repaid on the Payment Day after the day of such agreement or determination. If the PHO fails to Provide any Services, the DHB may do one or more of the following: cease paying the PHO for those Services;‌ take whatever action is reasonably necessary to make alternative arrangements for the provision of the Services; and seek payment from the PHO of the reasonable costs to the DHB of the alternative arrangements, in accordance with subclause (3). The DHB will give the PHO notice if it takes any action in accordance with subclause (1), at least 7 Business Days before taking such action, unless the circumstances reasonably require that less notice be given, in which case the DHB may give the PHO less notice or no notice. If the DHB gives the PHO notice requiring the PHO to pay the DHB's reasonable costs, the PHO must pay or reimburse the DHB for its reasonable costs, provided that if the DHB has ceased payments under subclause (1)(a), the maximum amount the PHO must pay or reimburse the DHB is 10% of the payments ceased. If the PHO fails to pay any amount it is required to pay under subclause (3), the DHB may set-off the amount owing to the DHB against any amount that the DHB owes the PHO at any time by way of payment for the Services, in accordance with clause F.19.

Withholding Payments. (1) The In addition to its rights under clause B.37, the DHB may withhold all further Payments or part portions of a payment Payments due under this Agreement for each of the following defaulting actions that the PHO or a Contracted Provider commits: (a) if either the PHO or a Contracted Provider has committed a material breach of a the reporting requirement in requirements under this Agreement, the DHB may withhold Payment up to 10% of any the management fee payments that are or become Payment due; (b) if the PHO or a Contracted Provider has failed to co-operate with the DHB or an its Auditor or has not provided the DHB or an its Auditor with reasonable assistance in accordance withwith clause B.27(3), the DHB may withhold Payment up to 10% of the PHO's management fee and/or up to 10% of any capitated Payment due to any relevant Contracted Provider, as is reasonable in the circumstances; (c) if the PHO or a Contracted Provider is found to be in breach of this Agreement at the end of an Audit, the DHB may withhold any capitation payments Payments due to the PHO or that Contracted Provider, up to the value of the breach, or up to 10% of any the PHO's management fee payments that are or become due if the value of the breach cannot be determined, as is reasonable in the circumstances; (d) if the PHO has made a payment Payment to a Contracted Provider that the Contracted Provider Claimed in breach of this Agreement, the DHB may withhold payment Payment of any capitation payments that are or become Payments due to that Contracted Provider, up to the value of the payment inappropriate Payment that was Claimed in breach of this Agreementthe PHO made to the Contracted Provider. (2) A payment Payments withheld under this clause will be paid to the PHO ifclause: (a) in respect may be withheld from the date of a payment withheld under subclause B.40(1)(a) or B.40(1)(b), the PHO remedies the non-compliance until such time that compliance occurs, or is found in the case of subclauses B.38(1)(c) and B.38(1)(d), until such time as the breach of Audit or the alleged inappropriate Payment to have complied with a Contracted Provider has been successfully appealed by the relevant requirement as an outcome of the dispute resolution process in clause B.37PHO; and (b) in respect of a payment withheld under subclause B.40(1)(c) or B.40(1)(d), it is found as an outcome of the dispute resolution process in clause B.37 that there was no breach or Claim made in breach of this Agreement. (3) A payment to be repaid to the PHO under subclause (2) will be repaid paid on the following Payment Day after the day of such agreement or determinationDate once compliance has occurred.

Withholding Payments. (1) The DHB may withhold all or part of a payment due under this Agreement for each of the following defaulting actions that the PHO or a Contracted Provider commits: (a) : if either the PHO or a Contracted Provider has committed a material breach of a reporting requirement in this Agreement, the DHB may withhold up to 10% of any management fee payments that are or become due; (b) ; if the PHO or a Contracted Provider has failed to co-operate with the DHB or an Auditor or has not provided the DHB or an Auditor with reasonable assistance in accordance with (c) with clause B.28, the DHB may withhold up to 10% of the PHO's management fee and/or up to 10% of any capitation payments that are or become due to the PHO or a Contracted Provider, as is reasonable in the circumstances; if the PHO or a Contracted Provider is found to be in breach of this Agreement at the end of an Audit, the DHB may withhold any capitation payments due to the PHO or Contracted Provider, up to the value of the breach, or up to 10% of any management fee payments that are or become due if the value of the breach cannot be determined, as is reasonable in the circumstances; (d) ; if the PHO made a payment to a Contracted Provider that the Contracted Provider Claimed in breach of this Agreement, the DHB may withhold payment of any capitation payments that are or become due to that Contracted Provider, up to the value of the payment that was Claimed in breach of this Agreement. (2) . A payment withheld under this clause will be paid to the PHO if: (a) : in respect of a payment withheld under subclause B.40(1)(a) or B.40(1)(b), the PHO remedies the non-compliance or is found to have complied with the relevant requirement as an outcome of the dispute resolution process in clause B.37; and (b) and in respect of a payment withheld under subclause B.40(1)(c) or B.40(1)(d), it is found as an outcome of the dispute resolution process in clause B.37 that there was no breach or Claim made in breach of this Agreement. (3) . A payment to be repaid to the PHO under subclause (2) will be repaid on the Payment Day after the day of such agreement or determination.