Common use of Failure to Timely Pay Clause in Contracts

Failure to Timely Pay. The Construction Manager agrees that if it fails to make payments in accordance with these provisions, the City may take any one or more of the following actions: 1. Hold the Construction Manager in default under this Agreement. 2. Withhold future payments, including retention, until proper payment has been made to Subcontractors or suppliers in accordance with these provisions. 3. Reject all future offers to perform work for the City from the Construction Manager for a period not to exceed one year from Substantial Completion date of this Project. 4. Terminate this Agreement. 5. Make a claim against the bonds required pursuant to Article 11.

Appears in 2 contracts

Sources: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

Failure to Timely Pay. The Construction Manager Contractor agrees that if it fails to make payments in accordance with these provisions, the City Town may take any one or more of the following actions: 1. Hold the Construction Manager Contractor in default under this Agreement. 2. Withhold future payments, including retention, until proper payment has been made to Subcontractors or suppliers in accordance with these provisions. 3. Reject all future offers to perform work for the City Town from the Construction Manager Contractor for a period not to exceed one year from Substantial Completion date of this Project. 4. Terminate this Agreement. 5. Make a claim against the bonds required pursuant to Article 11.

Appears in 1 contract

Sources: Design Build Agreement

Failure to Timely Pay. The Construction Manager agrees that if it fails to make payments in accordance with these provisions, the City District may take any one or more of the following actions: 1. Hold the Construction Manager in default under this Agreement. 2. Withhold future payments, including retention, until proper payment has been made to Subcontractors or suppliers in accordance with these provisions. 3. Reject all future offers to perform work for the City District from the Construction Manager for a period not to exceed one year from Substantial Completion date of this Project. 4. Terminate this Agreement. 5. Make a claim against the bonds required pursuant to Article 11.

Appears in 1 contract

Sources: Construction Manager at Risk Agreement