ADJUSTMENT OF CONTRACTOR’S PAYMENT APPLICATION. The Owner may adjust or reject a Contractor payment application or nullify a previously approved Contractor payment application, in whole or in part, as may reasonably be necessary to protect the Owner from loss or damage based upon the following, to the extent that the Contractor is responsible therefor under this Agreement: .1 the Contractor’s repeated failure to perform the Work as required by the Contract Documents; .2 loss or damage arising out of or relating to this Agreement and caused by Contractor to the Owner, or others to whom the Owner may be liable;
Appears in 4 contracts
Samples: Form of Agreement (Siouxland Ethanol, LLC), Form of Agreement (Siouxland Ethanol, LLC), Form of Agreement (Siouxland Ethanol, LLC)
ADJUSTMENT OF CONTRACTOR’S PAYMENT APPLICATION. The Owner may adjust or reject a Contractor payment application or nullify a previously approved Contractor payment application, in whole or in part, as may reasonably be necessary to protect the Owner from loss or damage based upon the following, to the extent that the Contractor is responsible therefor for such under this Agreement: .1 the Contractor’s repeated failure to perform the Work as required by the Contract Documents; .2 loss or damage arising out of or relating to this Agreement and caused by Contractor to the Owner, or others to whom the Owner may be liable;:
Appears in 1 contract
Samples: Short Form Agreement