Common use of Owner's Right to Withhold Certain Amounts and Make Application Thereof Clause in Contracts

Owner's Right to Withhold Certain Amounts and Make Application Thereof. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnisher of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

Owner's Right to Withhold Certain Amounts and Make Application Thereof. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnisher furnishers of machinery and parts thereof, equipment, power tools, and all supplies, supplies including commissary, incurred in the furtherance of the performance of this contractthe Construction Contract. The Contractor shall, at the Owner's request, shall furnish satisfactory evidence that all obligations of the nature hereinabove herein above designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner mayOwner, may after having served written notice on the said Contractor, either directly pay said unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contractthe Construction Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his its Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the The Owner shall not be liable to the Contractor for any such payments made in good faith.

Owner's Right to Withhold Certain Amounts and Make Application Thereof. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmenworker’s, mechanics, material men, suppliers and furnisher furnishers of machinery and parts thereof, equipment, power tools, tools and all supplies, including commissary, incurred in the furtherance of the performance of this contractContract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, discharged or waived. If the Contractor fails so to dodo so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contractContract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In Surety .In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

Owner's Right to Withhold Certain Amounts and Make Application Thereof. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmenworker’s, mechanics, material men, suppliers and furnisher furnishers of machinery and parts thereof, equipment, power tools, tools and all supplies, including commissary, incurred in the furtherance of the performance of this contractContract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, discharged or waived. If the Contractor fails so to dodo so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contractContract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In By paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

Owner's Right to Withhold Certain Amounts and Make Application Thereof. The Contractor CONTRACTOR agrees that he will indemnify and save the Owner OWNER harmless from all claims growing out of the lawful demands of subcontractorsSubcontractors, laborers, workmen, mechanics, material men, materialmen and furnisher furnishers of machinery and parts thereof, equipment, power tools, tools and all supplies, including commissary, incurred in the furtherance of the performance of this contractContract. The Contractor CONTRACTOR shall, at the Owner's OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, discharged or waived. If the Contractor CONTRACTOR fails so to dodo so, then the Owner OWNER may, after having served written notice on the said ContractorCONTRACTOR, either pay unpaid bills, of which the Owner OWNER has written notice, direct, or withhold from the Contractor's CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor CONTRACTOR shall be resumed, in accordance with the terms of this contractContract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner OWNER to either the Contractor CONTRACTOR or his Surety. In paying any unpaid bills of the ContractorCONTRACTOR, the Owner OWNER shall be deemed the agent of the ContractorCONTRACTOR, and any payment so made by the Owner OWNER shall be considered as a payment made under the contract Contract by the Owner OWNER to the Contractor CONTRACTOR and the Owner OWNER shall not be liable to the Contractor CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants.