Retainage and Withholding Sample Clauses

Retainage and Withholding. OWNER shall withhold as retainage from each payment due and payable to CONTRACTOR hereunder (other than from the payment due and payable with respect to achievement of Final Acceptance) [***] of the amount of such payment until [***] of the contract value is achieved (billed) and thereafter, [***] of the amount of such payment (the “Retainage”). In addition, OWNER may withhold from payments due and payable to CONTRACTOR (a) in an amount and to the extent as may be reasonably necessary to protect OWNER from loss because of third party claims filed against an OWNER Indemnitee and covered by CONTRACTOR’s indemnification obligations under this Agreement; (b) in an amount equal to payments previously made to CONTRACTOR which were not yet properly due and payable pursuant to this Section 7.3; and (c) any other sums which OWNER is entitled to recover from CONTRACTOR under the terms of this Agreement or pursuant to applicable Law. Upon attainment of Substantial Completion, the accumulated Retainage, after reduction for exercise of OWNER’s setoff and withholding rights in accordance with the provisions of this Agreement (including the Punch List Holdback Amount), shall be released to CONTRACTOR in conjunction with the next payment made to CONTRACTOR in accordance with Section 7.1.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Retainage and Withholding. There shall be withheld as retainage from each payment due and payable to Contractor hereunder ten percent (10%) of the amount of such payment (the “Retainage”). In addition, Owner may, in its sole discretion, withhold amounts proportionate to the alleged defective performance from payments that may be due to Contractor upon the occurrence and continuation of any of the following events: (a) Contractor has Defaulted or (b) Contractor has failed to make prompt payment to any Subcontractor for material or labor used to perform Contractor’s obligations hereunder, or any claim has been made by any Subcontractor to such effect, including a lien claim.
Sample 1

Related to Retainage and Withholding

  • Deductions and Withholding The Executive agrees that the Company or its subsidiaries or affiliates, as applicable, shall withhold from any and all compensation paid to and required to be paid to the Executive pursuant to this Agreement, all Federal, state, local and/or other taxes which the Company determines are required to be withheld in accordance with applicable statutes or regulations from time to time in effect and all amounts required to be deducted in respect of the Executive's coverage under applicable employee benefit plans. For purposes of this Agreement and calculations hereunder, all such deductions and withholdings shall be deemed to have been paid to and received by the Executive.

  • Deductions and Withholdings All amounts payable or which become payable under any provision of this Agreement shall be subject to any deductions authorized by Executive and any deductions and withholdings required by law.

  • Xxx Withholding Notwithstanding any other provision of this Agreement, the Company may withhold from amounts payable under this Agreement all federal, state, local and foreign taxes that are required to be withheld by applicable laws or regulations.

  • Share Withholding The Committee may permit a Participant to satisfy all or part of his or her withholding or income tax obligations by having the Company withhold all or a portion of any Shares that otherwise would be issued to him or her or by surrendering all or a portion of any Shares that he or she previously acquired. Such Shares shall be valued at their Fair Market Value on the date when taxes otherwise would be withheld in cash. In no event may a Participant have Shares withheld that would otherwise be issued to him or her in excess of the number necessary to satisfy the minimum legally required tax withholding.

  • Taxes and Withholding No later than the date as of which an amount first becomes includible in the gross income of the Participant for federal, state, local, foreign income, employment or other tax purposes with respect to any Restricted Stock Units, the Participant shall pay to the Company, or make arrangements satisfactory to the Company regarding the payment of, all federal, state, local and foreign taxes that are required by applicable laws and regulations to be withheld with respect to such amount. The obligations of the Company under this Agreement shall be conditioned on compliance by the Participant with this Section 8, and the Company shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Participant, including deducting such amount from the delivery of Shares upon settlement of the Restricted Stock Units that gives rise to the withholding requirement.

  • Withholding, Etc The payment of any Salary and bonus hereunder shall be subject to applicable withholding and payroll taxes, and such other deductions as may be required by law or the Company's employee benefit plans.

  • Dues Withholding Section 1. This Article covers all employee-members in exclusively recognized unit, who: A. are members in good standing in AFGE; B. voluntarily completed Standard Form 1187; and,

  • Taxes and Withholdings The Employer may withhold from any amounts payable under this Agreement, including any benefits or Severance Payment, such federal, state or local taxes as may be required to be withheld pursuant to applicable law or regulations, which amounts shall be deemed to have been paid to Executive.

  • Taxes Withholding Etc (a) Payments to Be Free and Clear. All sums payable by any Credit Party hereunder and under the other Credit Documents shall (except to the extent required by law) be paid free and clear of, and without any deduction or withholding on account of, any Tax (other than a Tax on the overall net income of any Lender) imposed, levied, collected, withheld or assessed by or within the United States of America or any political subdivision in or of the United States of America or any other jurisdiction from or to which a payment is made by or on behalf of any Credit Party or by any federation or organization of which the United States of America or any such jurisdiction is a member at the time of payment.

  • Required Withholding Each of the Exchange Agent, Parent, and the Surviving Corporation shall be entitled to deduct and withhold from any consideration payable or otherwise deliverable pursuant to this Agreement to any holder or former holder of Company Common Stock such amounts as may be required to be deducted or withheld therefrom under the Code or under any provision of state, local or foreign tax law or under any other applicable legal requirement. To the extent such amounts are so deducted or withheld, such amounts shall be treated for all purposes under this Agreement as having been paid to the person to whom such amounts would otherwise have been paid.

Time is Money Join Law Insider Premium to draft better contracts faster.