PAYMENT WITHHELD. The OWNER may withhold all or part of any payment otherwise due the Contractor if any one of the following conditions exist:
PAYMENT WITHHELD. When the Director has reasonable ground for belief, or information to believe that, 1) the CONSULTANT will be unable to perform the Services under any Services Authorization within the related Project Term; or 2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's negligence or the CONSULTANT's breach of any provision of this Contract or any Services Authorization; then the Director may withhold a Payment otherwise due and payable to the CONSULTANT; provided, however, that the Director shall not unreasonably withhold other Services Authorization payments that may not otherwise be in dispute. Any Payment so withheld may be retained by the CITY for such period as it deems advisable to protect the CITY against any loss or deprivation that the CITY may incur pursuant to this Subsection, or as may be determined by a court of competent jurisdiction. This provision is intended solely for the benefit of the CITY, and no person shall have any right against the Director or claim against the CITY by reason of the Director's failure or refusal to withhold a Payment. Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, on any amounts withheld under this provision if the Director has acted unreasonably. This provision is not intended to limit or in any way prejudice any other right the CITY may have in this regard, or any right or defense that the CONSULTANT might choose to exercise against the CITY.
PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the contract, the OWNER may withhold from any payment otherwise due the CONTRACTOR such amount as determined necessary to protect the OWNER’S interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of:
PAYMENT WITHHELD. No deduction shall be made from payments to the Consultant on account of penalties, liquidated damages, or other sums withheld from payments to Contractors, provided nothing in this Section shall limit the State’s remedies against the Consultant for costs or damages attributable to the Consultant’s failure to perform under this Agreement.
PAYMENT WITHHELD. A. The Owner may withhold payment or, on account of subsequently discovered evidence, may nullify the whole or part of any payment certificate of such extent as may be necessary to protect the Owner from loss on account of any one or more of the following:
PAYMENT WITHHELD. Contractor may withhold all or part of any payment, or nullify the whole or any part of any payment, to the extent necessary to protect Contractor from loss, damages, costs or liabilities caused by: (a) defective work not remedied; (b) claims filed or reasonable evidence indicating probable filing of claims against Subcontractor, Contractor, Contractor’s surety or Owner relating to Subcontractor’s work under this Agreement; (c) Subcontractor’s failure to make payments properly to its subcontractors, materialmen, suppliers, vendors or employees for work, material, labor, or fringe benefits; (d) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (e) damage to another subcontractor; (f) Subcontractor’s failure to complete the Agreement in accordance with the Contract Documents; (g) unsatisfactory performance of the work by Subcontractor; (h) liens, stop payment notices or claims filed or submitted by Subcontractor’s materialmen, suppliers, vendors or subcontractors, or any other person or entity who may have a right of action against Contractor or its surety under any law in connection with Subcontractor’s work; (i) Subcontractor’s failure to provide documents to Contractor which Subcontractor is required to provide pursuant to this Agreement; (j) any failure or alleged failure by Subcontractor to comply with any of the requirements or terms of this Agreement; or (k) any other ground for withholding payment provided in this Agreement or by applicable law. When the grounds are removed, such amounts as are then due and owing shall be paid or credited to Subcontractor.
PAYMENT WITHHELD. The Owner or Owner’s Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
PAYMENT WITHHELD. 4.01 The Lessee may withhold approval for payment on any request and the Lessee may withhold payment to such extent as may be necessary to protect the Lessee from loss on account of:
PAYMENT WITHHELD. Upon the occurrence of any of the following events of default, the Project Manager may deny Subcontractor's application for payment and withhold payment until such event of default is cured:
PAYMENT WITHHELD. Owner may withhold payment on any Milestone Payment or portion thereof in an amount reasonably necessary to protect Owner to cover the actual costs (calculated in a manner consistent with the terms of this Agreement, but subject to the limitations set forth in Section 11.2) of (i) Defects not remedied or (ii) Liens filed against the Project or the Project Site by Subcontractors that Contractor has not caused to be released or bonded over within fifteen (15) Days after the date of filing or, regardless of when filed, prior to the date that the final Milestone Payment will be due. Notwithstanding the foregoing, Owner must first apply any amounts held as Retainage to cover actual costs incurred prior to withholding any payment otherwise due to Contractor under this Agreement. No payment made by Owner to Contractor or withholding of any payment by Owner shall relieve Contractor of any liability under this Agreement or shall be deemed a waiver by Owner of any warranty of Contractor.
