Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of negligent performance of the services of the Consultant and made against the Owner and which are covered under the indemnity provision of Section 27; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non- allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement.
Owner’s Right to Withhold Payment. When it reasonably believes (i) that Substantial Completion will be inexcusably delayed; or (ii) that the General Contractor will fail to achieve Final Completion by the date of Final Completion, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the General Contractor the daily amount specified for liquidated damages in this Article for each calendar day of the unexcused delay.
Owner’s Right to Withhold Payment. Any provision hereof to the contrary notwithstanding, Owner shall, to the extent reasonably required to protect Owner, be entitled to withhold any payment (whether a progress payment or final payment) if any one or more of the following conditions exists:
Owner’s Right to Withhold Payment. Owner may withhold payment or, because of subsequently discovered evidence or subsequent observations, it may nullify the whole or any part of any payment previously issued, to such extent as it may be necessary in its opinion to protect Owner from loss because:
Owner’s Right to Withhold Payment. Owner shall be entitled to withhold payment from Contractor to the extent reasonably necessary to protect Owner as a result of (a) defective Work not remedied, (b) third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Owner is provided by the Contractor, (c) failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, (d) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum,
Owner’s Right to Withhold Payment. When it reasonably believes (i) that Substantial Completion will be inexcusably delayed; or (ii) that the CM will fail to achieve Final Completion by the date of Final Completion, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the CM the daily amount specified for liquidated damages in this Article for each calendar day of the unexcused delay.
Owner’s Right to Withhold Payment. 4.3.1 In the event that the Owner becomes credibly informed that any representations of the Consultant, provided pursuant to Subsection 4.1.2, are wholly or partially inaccurate, or in the event that the Consultant is not in compliance with any term or condition of this Agreement, the Owner may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy, or other breach of Agreement, and the cause thereof, is corrected to the Owner's reasonable satisfaction. Furthermore, the Owner reserves the right to withhold retainage in the amount of ten percent (10%) of any payment due the Consultant for a particular phase of the work until such time as the particular phase is completed to the Owner's satisfaction; said retainage may be withheld at the sole discretion of the Owner and as security for the successful completion of the Consultant's duties and responsibilities under this Agreement.
Owner’s Right to Withhold Payment. At any time, the Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of the services of the CMGC and made against the Owner; (2) evidence of fraud, over-billing, or overpayment; (3) inclusion of non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the CMGC of it obligation to continue to perform its services under this Agreement.
Owner’s Right to Withhold Payment. 5.3.1 In the event that the Owner becomes credibly informed that any representations of the Architect, provided pursuant to Subparagraph 5.1.2, are wholly or partially inaccurate, the Owner may withhold payment of sums then or in the future otherwise due to the Architect until the inaccuracy, and the cause thereof, is corrected to the Owner’s reasonable satisfaction.
Owner’s Right to Withhold Payment. 5.4.1 In the event that the Owner becomes credibly informed that any representations of the Engineer, provided pursuant to Subparagraph 5.2.2, are wholly or partially inaccurate, the Owner may withhold payment of sums then or in the future otherwise due to the Engineer until the inaccuracy, and the cause thereof, is corrected to the Owner’s reasonable satisfaction.
