cannot be made Clause Samples
The "cannot be made" clause serves to prohibit certain actions, rights, or claims from being initiated or exercised under the contract. In practice, this clause might specify that a party cannot make a particular demand, request, or legal claim, such as seeking additional compensation or initiating a specific type of legal proceeding. Its core function is to set clear boundaries on what is permissible within the contractual relationship, thereby preventing disputes or misunderstandings about what actions are allowed.
cannot be made. If the Owner or Architect is unable to certify payment in the amount of the Application, the Owner or Architect will notify the Contractor. If the Contractor and Architect, or Contractor and Owner, as the case may be, cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount that can be certified. The Owner or 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 Owner or Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Paragraph 3.3.2, because of
cannot be made. If Engineer is unable to certify payment in the amount of the Application, Engineer will notify Contractor and Owner as provided in Section
3.6.3.1. If Contractor and Engineer cannot agree on a revised amount, Engineer will promptly issue a Certificate for Payment for the amount for which Engineer is able to make these representations to Owner. Engineer shall also withhold the whole or part of a Certificate for Payment, or, because of subsequently discovered evidence, nullify the whole or a part of a Certificate for Payment previously issued, as necessary in Engineer’s opinion to protect Owner from loss for which Contractor is responsible, including loss resulting from acts and omissions of others for which Contractor is responsible under the Contract Documents, because of
cannot be made. If the Consultant is unable to certify payment in the amount of the Application, the Consultant will notify the CMAR and CITY as provided in Article 6.
cannot be made. If there is a change or cancellation by the Client, at any time after the signing of this Contract, a payment is required of: (check one) ☐ - [#]% of the Deposit will be made non-refundable to the Photographer. ☐ - [#]% of the Total Amount will be due and payable by the Client to the Photographer.
cannot be made. If there is a change or cancellation of the Event by the Client: (check one) ☐ - Payment is Required. A payment equal to: (check one) ☐ - [#]% of the Deposit will be made non-refundable to the Caterer. ☐ - [#]% of the Total Amount will be due and payable by the Client to the Caterer.
cannot be made. If the Architect/Engineer is unable to certify payment in the amount of the Application, the Architect/Engineer will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect/Engineer cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is able to make such representations to the Owner. The Architect/Engineer may also withhold a Certificate for Payment, 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/Engineer’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
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 Subparagraph 9.
4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will
.1 defective Work not remedied, or failure to begin remedial action to repair defective work within five (5) working days following written notification;
cannot be made. If there is a change or cancellation by the Client, at any time after the signing of this Contract, a payment is required of: (check one) ☐ - [#]% of the Deposit will be made non-refundable to the Caterer. ☐ - [#]% of the Total Amount will be due and payable by the Client to the Caterer.
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 Subparagraph 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 decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, 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 because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the owner or another contractor; .6 reasonable 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 liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents.
9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.
cannot be made. If the Program Manager or Architect is unable to certify payment in the amount of the Application, the Program Manager or Architect will notify the Contractor and Owner as provided in Subparagraph 10.4.2. If the Contractor, Program Manager and Architect cannot agree on a revised amount, the Program Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Program Manager and Architect are able to make such representations to the Owner. The Program Manager or Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Program Manager's or Architect's opinion to protect the Owner from loss because of:
10.5.1.1 defective work not remedied;
10.5.1.2 third party claims filed or reasonable evidence indicating probable filing of such claims;
10.5.1.3 failure of the Contractor to make payments properly to Subcontractors of any tier or for labor, materials or equipment;
10.5.1.4 compelling evidence that the Project Work cannot be completed for the unpaid balance of the Contract Sum;
10.5.1.5 damage to the Owner, surrounding property or Other Contractors which are the responsibility of Contractor;
10.5.1.6 persistent failure to carry out the Project Work in accordance with the Contract Documents;
10.5.1.7 unsatisfactory prosecution of the Project Work by Contractor;
10.5.1.8 failure of Contractor to maintain the Job Site in a clean condition;
10.5.1.9 failure of Contractor to submit an updated Schedule with each application for payment;
10.5.1.10 failure of Contractor to remove liens from the property.
10.5.1.11 failure of Contractor to comply with Paragraph 10.6.
10.5.2 When the applicable reason(s) for withholding certification have been resolved, certification will be made for amounts previously withheld.