Common use of Owner Holdbacks Clause in Contracts

Owner Holdbacks. Notwithstanding anything to the contrary herein, in addition to the Retainage, upon the occurrence and continuance of any of the following events, Owner, upon Notice to Contractor in accordance with Section 6.12.2, may withhold or retain such portion (including all) of any payment due to Contractor under this Agreement as Owner deems appropriate in Owner’s reasonable discretion to confirm that performance of the Work will be effected in accordance with this Agreement or to protect fully the rights of Owner hereunder: (a) Any part of such payment is attributable to Work which is not materially in compliance with this Agreement; (b) Owner has received a notice of lien from any Subcontractor, Upgrade Supplier or Supplier or any other Person claiming payments due with respect to the Work; (c) Contractor’s failure to comply with the requirements of Article 21; (d) Owner has paid or is required to pay any amount pursuant to an official notice from a state agency, or employee benefit trust fund, for which Owner is or may reasonably be liable for Contractor or any Subcontractor, in accordance with Applicable Law; and (e) As one or more of the following shall occur: (i) A Contractor Event of Default shall have occurred hereunder; (ii) a lien claim has been filed for which Contractor is obligated to obtain a release pursuant to Article 29 and Contractor has not obtained such release within fifteen (15) days after such lien claim was filed; (iii) Contractor shall have failed to deliver any Contractor Deliverable included in Contractor’s Invoice to Owner on or before the date of such Contractor’s Invoice or any such Contractor Deliverable shall not have been prepared by Contractor in good faith; (iv) Contractor shall have failed to provide appropriate evidence of insurance in conformance with the requirements of this Agreement; (v) Owner shall have determined that any portion of the Work for which payment has already been made pursuant to a previous Contractor’s Invoice shall contain one or more Errors or Omissions or Defects; provided that the amount so withheld shall not exceed the amount reasonably expected to correct such Error or Omission or Defect; and (vi) a third-party claim has been filed for which Contractor is obligated to indemnify Owner pursuant to any of the provisions of Article 23 and Contractor has failed to provide the indemnification for such claim in accordance with Section 23.5 within the ten (10) day period provided therein.

Owner Holdbacks. Notwithstanding anything to the contrary herein, in addition to the RetainageRetainage Security, upon the occurrence and continuance of any of the following events, Owner, upon Notice to Contractor in accordance with Section 6.12.26.11.2, may withhold or retain such portion (including all) of any payment due to Contractor under this Agreement as Owner deems appropriate in Owner’s reasonable discretion to confirm that ensure the performance of the Work will be effected in accordance with this Agreement or to protect fully the rights of Owner hereunder:hereunder (provided that amounts drawn down on Retainage Security or heldback pursuant to this Section 6.11 for any one event or occurrence may not exceed the total amount of the obligation): (a) Any part of such payment is attributable to Work which is not materially in compliance accordance with this AgreementSection 6.6.1; (b) Owner has received a notice of lien from any Subcontractor, Upgrade Supplier or Supplier or any other Person claiming payments due in accordance with respect to the WorkArticle 29; (c) in accordance with Section 14.1.3; (d) Contractor’s failure to comply with the requirements of Article 21, including failure to provide evidence of insurance in conformance with the requirements of this Agreement; (de) Owner has paid or is required to pay any amount pursuant to an official notice from a state employment agency, or employee benefit trust fund, for which Owner is or may reasonably be liable for Contractor or any SubcontractorSubcontractor employee, in accordance with Applicable Law; andor EXECUTION COPY (ef) As one or more of the following shall occur: (i) A Contractor Event of Default shall have occurred hereunder; (ii) a lien claim has been filed for which Contractor is obligated Contractor’s failure to obtain a release increase the Retainage Security pursuant to Article 29 and Contractor has not obtained such release within fifteen (15) days after such lien claim was filedSection 6.7.1; (iii) Contractor shall have failed to deliver any Contractor Deliverable included in Contractor’s Invoice accordance with the requirements of the Contractor Submittals Table to Owner on or before the date of such Contractor’s Invoice required, or any such Contractor Deliverable shall not have been prepared by Contractor in good faith; (iv) Contractor shall have failed to provide appropriate evidence of insurance in conformance accordance with the requirements of this Agreement; (viv) Owner shall have determined that any portion of the Work (but not including Work that Contractor is in the process of completing or is undertaking reperformance, repair or replacement with respect thereto) for which payment has already been made pursuant to a previous Contractor’s Invoice shall contain one or more Errors or Omissions or Defects; provided that the amount so withheld shall not exceed the amount reasonably expected to correct such Error or Omission or Defect; andor (viv) a third-party claim has been filed for which Contractor is obligated to indemnify Owner pursuant to any of the provisions of Article 23 Section 23.1 and Contractor has failed to provide the indemnification for such claim in accordance with Section 23.5 within the ten (10) day period provided therein23.4.

Owner Holdbacks. Notwithstanding anything herein to the contrary herein, in addition to the Retainage, upon the occurrence and continuance of any of the following eventscontrary, Owner, upon Notice notice to Contractor in accordance with Section 6.12.2Contractor, may withhold or retain such portion (including all) of any payment due to Contractor under this Agreement as Owner deems appropriate reasonably necessary in Owner’s reasonable discretion opinion to confirm that performance correct, or protect Owner from Losses resulting from, any of the Work will be effected in accordance with this Agreement or to protect fully the rights of Owner hereunder: (a) Any part of such payment is attributable to Work which is not materially in compliance with this Agreement; (b) Owner has received a notice of lien from any Subcontractor, Upgrade Supplier or Supplier or any other Person claiming payments due with respect to the Work; (c) Contractor’s failure to comply with the requirements of Article 21; (d) Owner has paid or is required to pay any amount pursuant to an official notice from a state agency, or employee benefit trust fund, for which Owner is or may reasonably be liable for Contractor or any Subcontractor, in accordance with Applicable Law; and (e) As one or more of the following shall occur: (i) following: A Contractor Event of Default shall have occurred hereunder; Default; Any part of a payment to Contractor previously made that is attributable to Services (iiincluding Project Equipment provided pursuant thereto) a lien that contain one or more Defects that Contractor has not corrected; Any claim that has been filed made by any Subcontractor to Owner demanding payment for material or labor or any claim that has been made for which Contractor is obligated to obtain a release indemnify Owner under this Agreement, including the existence, assertion, filing or recording of any Lien that has not been removed by Contractor pursuant to Article 29 and Contractor has not obtained such release within fifteen (15) days after such lien claim was filed; (iii) Contractor shall have failed to deliver any Contractor Deliverable included in Contractor’s Invoice to Owner on or before the date of such Contractor’s Invoice or any such Contractor Deliverable shall not have been prepared this Agreement; Any failure by Contractor in good faith; (iv) Contractor shall have failed to provide appropriate evidence of insurance in conformance with the requirements of this Agreement; ; or Contractor materially failed to perform in the prior calendar quarter the Services (vor Extra Work) which was otherwise scheduled to be performed in such calendar quarter. Owner may use any holdback pursuant to this Section 4.4.1 to cure a breach or default by Contractor, for payment of amounts owed to Subcontractors not being contested by Contractor in good faith, for payments to remove Liens that violate this Agreement and for payment of any and all other amounts payable to Owner hereunder. Except to the extent so used by Owner, Owner shall have determined that any portion release such holdback upon correction of the Work condition for which payment has already been made such holdback was made. Except as may otherwise be specifically required pursuant to a previous Contractor’s Invoice shall contain one or more Errors or Omissions or Defects; provided that the amount so withheld shall not exceed the amount reasonably expected to correct such Error or Omission or Defect; and (vi) a third-party claim has been filed for which Contractor is obligated to indemnify Owner Applicable Law, any interest accruing on any holdback pursuant to any this Section 4.4.1 shall be for the account of the provisions of Article 23 Owner and Contractor has failed to provide the indemnification for such claim in accordance with Section 23.5 within the ten (10) day period provided thereinnot Contractor.