Common use of Additional Withholding Clause in Contracts

Additional Withholding. If Contractor fails to obtain and maintain the credit support requirements set forth in Exhibit 31 as and when required pursuant to the terms thereof, Owner shall be entitled to withhold amounts otherwise payable hereunder in an aggregate amount not to exceed (a) the face amount of any Acceptable Letters of Credit required by Exhibit 31 until such Acceptable Letters of Credit are posted by Contractor and/or (b) ***. Owner shall pay any such amounts withheld pursuant to this Section 8.10 within *** of (a) Owner's receipt of such Acceptable Letter of Credit or (b) ***.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Sunpower Corp)

Additional Withholding. If Contractor fails to obtain and maintain the credit support requirements set forth in Exhibit 31 as and when required pursuant to the terms thereof, Owner shall be entitled to withhold amounts otherwise payable hereunder in an aggregate amount not to exceed (a) the face amount of any Acceptable Letters of Credit required by Exhibit 31 until such Acceptable Letters of Credit are posted by Contractor and/or (b) ***. Owner shall pay any such amounts withheld pursuant to this Section 8.10 within *** of (a) Owner's receipt of such Acceptable Letter of Credit or (b) ***. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Sunpower Corp)