Examples of Contractor Letter of Credit in a sentence
If such amount incurred by Owner shall exceed the unpaid balance of the Contract Price, then, at Owner’s sole option, Contractor shall pay Owner the difference on demand, or Owner shall have the right and authority to offset or collect on the Contractor Letter of Credit in the amount of such difference.
If Contractor fails, after a reasonable period of time not to exceed one (1) week, to repair or replace any Defective Work, or to commence to repair or replace any Defective Work and thereafter continue to proceed diligently to complete the same, then Owner may repair or replace such Defective Work and the expense thereof shall be paid by Contractor (whether directly, by offset, or collection on the Contractor Letter of Credit, at Owner’s sole discretion).
In addition, Owner shall have the right to collect upon the substitute letter of credit, upon Owner’s demand, in any instance under this Agreement where Owner is able to (a) withhold or offset payments otherwise due and owing to Contractor, including under Sections 7.5, 12.5B and 14.3, or (b) collect on the Contractor Letter of Credit pursuant to Section 10.2.
With respect to any Liquidated Damages that accrue, Owner, at its sole discretion, may either (i) invoice Contractor for such owed Liquidated Damages, and within thirty (30) Days of Contractor’s receipt of such invoice, Contractor shall pay Owner Liquidated Damages, (ii) withhold from Contractor amounts that are otherwise due and payable to Contractor in the amount of such Liquidated Damages, or (iii) collect on the Contractor Letter of Credit in the amount of such Liquidated Damages.
If no notice of an Owner claim under the Contractor Letter of Credit has been delivered and no drawing has been made on the Contractor Letter of Credit prior to the Working Capital Assumption Date, Owner shall take all action reasonably requested by Contractor to release the Contractor Letter of Credit.
The amount drawn on the Contractor Letter of Credit shall not be greater than the amount that Owner, at the time of the drawing, reasonably estimates is owed it under the Agreement for Liquidated Damages, liabilities, damages, losses, costs or expenses or is necessary to remedy the Default or breach of the Agreement.
Such funds as are payable by the Union or Prime Masonry Contractor or Masonry Contractor may be drawn against the Union Letter of Credit, or any Contractor Letter of Credit, as the case may be.
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In the event the Contract Price is increased by one or more Change Orders in accordance with the terms of this Agreement, by a cumulative amount of Five Million U.S. Dollars (U.S.$5,000,000) or more, Contractor shall, at Owner’s request, increase the amount of the Contractor Letter of Credit to reflect the proportionate increase in such Contract Price.
The Contractor Letter of Credit shall remain in full force and effect from the issuance of the Contractor Letter of Credit through the expiration of the Defect Correction Period for all Work, at which time the Contractor Letter of Credit will be returned to Contractor if Contractor is otherwise in compliance with its obligations under Article 13.