Common use of Holdbacks Clause in Contracts

Holdbacks. In addition to the retainage set forth in Section 11.8, ASD may withhold all or part of monthly progress payments, and/or AASDI may be backcharged, if: (a) defective Work has not been remedied; (b) ASD has a reasonable basis to believe that the Services cannot be completed within the remaining balance of the Agreement Price; (c) ASD has a reasonable basis to believe that the Services cannot be completed in accordance with the Project schedule; (d) ASD, Client, or another subcontractor or supplier have been injured or damaged by AASDI’s or failure to perform the Services; (e) AASDI fails to submit Lien Waivers as required in Section 11.6; (f) AASDI fails to provide certified payroll data when requested by ASD; (g) AASDI has failed to pay, or provide satisfactory evidence of payment to, subcontractors, suppliers, employees, laborers, union trust funds and taxing authorities; (h) or any claim or lien by any third party has been asserted or threatened with respect to the Work, including, without limitation, any Indemnified Claim or any threat thereof. This right of retention is in addition to, and is intended to complement, that set forth in Section 11 hereof.