District Payments to Design Professional Sample Clauses

District Payments to Design Professional. Within thirty (30) days of receipt of Design Professional’s billing invoices, District will make payment to Design Professional of undisputed amounts of the Contract Price due for Basic Services, and authorized Additional Services. No deductions will be made or withheld from payments due Design Professional hereunder on account of any penalty, assessment, liquidated damages or other amounts withheld by the District from payment to the Contractor engaged by the District for Project construction. The District may, however, withhold or deduct from amounts otherwise due Design Professional hereunder if Design Professional shall fail to timely and completely perform material obligations to be performed on its part under this Agreement, with the amounts withheld or deducted being released after Design Professional has fully cured such failure of performance, less costs, damages or losses sustained by the District resulting therefrom. Notwithstanding any provision of this Agreement to the contrary, if the District shall, in good faith, dispute the amount due Design Professional under any billing invoice rendered by Design Professional under this Agreement, pursuant to Civil Code §3320(a), the District may withhold from payment to the Design Professional an amount not to exceed one hundred and fifty percent (150%) of the disputed amount.
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District Payments to Design Professional. Within thirty (30) days of receipt of Design Professional’s billing invoices, District will make payment to Design Professional of undisputed amounts of the Contract Price due for basic Services, and authorized Additional Services. No deductions will be made or withheld from payments due Design Professional hereunder on account of any penalty, assessment, liquidated damages or other amounts withheld by the District from payment to the Contractor engaged by the District for Project construction. The District may, however, withhold or deduct from amounts otherwise due Design Professional hereunder if Design Professional shall fail to timely and completely perform material obligations to be performed on its part under this Agreement, with the amounts withheld or deducted being released after Design Professional has fully cured such failure of performance, less costs, damages or losses sustained by the District resulting from the Design Professional’s breach of contract, negligence, recklessness or willful misconduct. Notwithstanding any provision of this Agreement to the contrary, if the District shall, in good faith, dispute the amount due Design Professional under any billing invoice rendered by Design Professional under this Agreement, pursuant to Civil Code §3320(a), the District may withhold from payment to the Design Professional an amount not to exceed 150% of the disputed amount. The District agrees to return disputed invoices within ten (10) days of that invoice with a clear description of the nature of the dispute. Undisputed amounts unpaid thirty (30) days after the issue date of the Design Professional’s invoice shall be assessed interest in accordance with Civil Code §3320.
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