Other Retentions. In addition to Contract retentions, the District may deduct from each progress payment an amount necessary to protect District from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the District, incurred by the District for which Contractor is liable under the Contract; and (11) any other sums which the District is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the District to deduct any of these sums from a progress payment shall not constitute a waiver of the District’s right to such sums.
Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied;
Other Retentions. In addition to Contract retentions, the MCDH may deduct from each progress payment an amount necessary to protect MCDH from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the MCDH in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by MCDH during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the MCDH, incurred by the MCDH for which Contractor is liable under the Contract; and (11) any other sums which the MCDH is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the MCDH to deduct any of these sums from a progress payment shall not constitute a waiver of the MCDH’s right to such sums.
Other Retentions. In addition to Contract retentions, the Town may deduct from each progress payment an amount necessary to protect Town from loss because of:
Other Retentions. In addition to Agreement retentions, the WPWMA may deduct from each progress payment an amount necessary to protect WPWMA from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment, to the extent required by Section 3.3; (2) any sums expended by the WPWMA in performing any of FCC’s obligations under the Agreement which FCC has materially failed to perform in accordance with this Agreement, but only to the extent WPWMA expended such sums after providing FCC written notice and a reasonable opportunity to cure; (3) stop notices as allowed by state law; and (4) any other sums which WPWMA is entitled to recover from FCC under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the WPWMA to deduct any of these sums from a progress payment shall not constitute a waiver of the WPWMA’s right to such sums.
