Criteria for Withholding A Certificate for Payment Sample Clauses

Criteria for Withholding A Certificate for Payment. The Architect/Engineer or Owner may withhold approval of a Certificate for Payment or, because of subsequent events, may nullify a prior approval of payment in whole or in part if in the Architect/Engineer's or Owner's opinion Contractor representations to the Owner are not supported or are deemed inaccurate. If the Contractor and Architect/Engineer or Owner cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate of Payment for the amount to which the Architect/Engineer and Owner are able to certify payment. Certification may be withheld for these reasons: Defective Work not corrected; • Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount • Damages owed to the Owner or others; • Evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or estimated Liquidated Damages; or • Failure by Contractor to make payments properly and promptly to subcontractors or suppliers; or • Persistent failure to carry out the Work in accordance with the Contract Documents or other material breach by Contractor. When reasons for withholding certification are corrected, the Architect/Engineer and Owner will certify amounts previously withheld.
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Criteria for Withholding A Certificate for Payment. The Owner may withhold approval of a Certificate for Payment or, because of subsequent events, may nullify a prior approval of payment in whole or in part if in the Owner's opinion Contractor representations to the Owner are not supported or are deemed inaccurate. If the Contractor and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate of Payment for the amount to which the Owner are able to certify payment. Certification may be withheld for these reasons: Defective Work not corrected; • Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount • Damages owed to the Owner or others; • Failure by Contractor to make payments properly and promptly to subcontractors or suppliers; or • Persistent failure to carry out the Work in accordance with the Contract Documents or other material breach by Contractor. When reasons for withholding certification are corrected, the Architect/Engineer and Owner will certify amounts previously withheld.
Sample 1
Criteria for Withholding A Certificate for Payment. The OWNERS AUTHORIZED REPRESENTATIVE or OWNER may withhold approval of a Certificate for Payment or, because of subsequent events, may nullify a prior approval of payment in whole or in part if in the OWNERS AUTHORIZED REPRESENTATIVE or OWNER's opinion CONTRACTOR representations to the OWNER are not supported or are deemed inaccurate. If the CONTRACTOR and OWNERS AUTHORIZED REPRESENTATIVE or OWNER cannot agree on a revised amount, the OWNER’S REPRESENTATIVE will promptly issue a Certificate of Payment for the amount to which the OWNERS AUTHORIZED REPRESENTATIVE and OWNER are able to certify payment. Certification may be withheld for these reasons: Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; or Damages owed to the OWNER or others; or Evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or estimated Liquidated Damages; or Failure by CONTRACTOR to make payments properly and promptly to subcontractors or suppliers; or Persistent failure to carry out the Work in accordance with the Contract Documents or other material breach by CONTRACTOR Defective Work not corrected; When reasons for withholding certification are corrected, the OWNERS AUTHORIZED REPRESENTATIVE and OWNER will certify amounts previously withheld.
Sample 1

Related to Criteria for Withholding A Certificate for Payment

  • Due date for payment The settlement date for each Tax Invoice issued by the Distributor must be the 20th day of the month in which the Tax Invoice is received, or if the 20th day of the month is not a Working Day, the first Working Day after the 20th day. However, if the Distributor fails to send a Tax Invoice to the Trader within 10 Working Days after the last day of the month to which the Tax Invoice relates, the due date for payment is extended by 1 Working Day for each Working Day that the Tax Invoice is late.

  • Application for Payment The form acceptable to Owner that is to be used by the Contractor during the course of the Work in requesting payment from the Owner and that is to be accompanied by such supporting documentation as is required by the Contract Documents.

  • Notice of Possible Withholding Under FATCA The Issuer shall notify each Agent in the event that it determines that any payment to be made by an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer’s obligation under this Clause 7.1.6 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Notes, or both.

  • What Forms of Distribution Are Available from a Xxxxxxxxx Education Savings Account Distributions may be made as a lump sum of the entire account, or distributions of a portion of the account may be made as requested.

  • Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied;

  • Class Certification Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.

  • Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

  • Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

  • Termination for Withdrawal of Authority Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Services’ procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Purchaser from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor.

  • Withholding of Provisional Certificate 14.5.1 If the Independent Engineer determines that the Bus Terminal or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

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