Common use of Monies Withheld Clause in Contracts

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or will exist against CONSULTANT or CITY arising out of the negligence of the CONSULTANT or the CONSULTANT’S breach of any provision of this contract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT under this contract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANT, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT that CONTRACTOR will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A , or that a meritorious claim exists exits or will exist against CONSULTANT CONTRACTOR or CITY arising out of the negligence of the CONSULTANT or the CONSULTANT’S CONTRACTOR's breach of any provision of this contract; contract or CONTRACTOR’s negligence, then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT CONTRACTOR under this contract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss loss; and CITY may, after written notice to CONSULTANTCONTRACTOR, be applied apply such money in satisfaction of any claim described hereinclaim. This provision is intended solely for the benefit of CITY, and no other person or entity shall have any right against CITY or claim against CITY by reason of CITY’S 's failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT ENGINEER will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or of will exist against CONSULTANT ENGINEER or CITY arising out of the negligence of the CONSULTANT ENGINEER or the CONSULTANTENGINEER’S breach of any provision of this contract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT Engineer under this contract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANTENGINEER, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT PROFESSIONAL will be unable to perform this contract Contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or will exist against CONSULTANT PROFESSIONAL or CITY arising out of the negligence of the CONSULTANT PROFESSIONAL or the CONSULTANT’S PROFESSIONAL’s breach of any provision of this contractContract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT PROFESSIONAL under this contractContract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANTPROFESSIONAL, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or will exist against CONSULTANT or CITY arising out of the negligence of the CONSULTANT or the CONSULTANT’S breach of any provision of this contract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT Consultant under this contract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANT, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT PROFESSIONAL will be unable to perform this contract Contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or of will exist against CONSULTANT PROFESSIONAL or CITY arising out of the negligence of the CONSULTANT PROFESSIONAL or the CONSULTANT’S PROFESSIONAL’s breach of any provision of this contractContract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT PROFESSIONAL under this contractContract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANTPROFESSIONAL, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A that a meritorious claim exists or will exist against CONSULTANT or CITY arising out of the negligence negligence, error or omission of the CONSULTANT or the CONSULTANT’S 's breach of any provision of this contract; Contract, then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT under this contractContract, provided that CITY has given CONSULTANT at least fifteen (15) business days' notice (the "Cure Period") of the grounds for and amount of the withhold prior to withholding any payment, and CONSULTANT has not remedied the breach giving rise to the claim for withhold within the Cure Period. Any Subject to the foregoing, any amount so withheld may be retained by CITY CITY, for that period of time as it may deem advisable to protect CITY against any loss and CITY may, after prior written notice to CONSULTANT, be applied apply such money in satisfaction of any claim described hereinclaim(s). This provision is intended solely for the benefit of CITY, and no other person or entity shall have any right against CITY by reason of CITY’S 's failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A that a meritorious claim exists or will exist against CONSULTANT CONTRACTOR or CITY arising out of the negligence negligence, error or omission of the CONSULTANT CONTRACTOR or the CONSULTANT’S CONTRACTOR's breach of any provision of this contract; Contract, then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT CONTRACTOR under this contractContract, provided that CITY has given CONTRACTOR at least fifteen (15) business days' notice (the "Cure Period") of the grounds for and amount of the withhold prior to withholding any payment, and CONTRACTOR has not remedied the breach giving rise to the claim for withhold within the Cure Period. Any Subject to the foregoing, any amount so withheld may be retained by CITY CITY, for that period of time as it may deem advisable to protect CITY against any loss and CITY may, after prior written notice to CONSULTANTCONTRACTOR, be applied apply such money in satisfaction of any claim described hereinclaim(s). This provision is intended solely for the benefit of CITY, and no other person or entity shall have any right against CITY by reason of CITY’S 's failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT ENGINEER will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or of will exist against CONSULTANT ENGINEER or CITY arising out of the negligence of the CONSULTANT ENGINEER or the CONSULTANTENGINEER’S breach of any provision of this contract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT ENGINEER under this contract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANTENGINEER, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.

Monies Withheld. When CITY has reasonable grounds for believing that: A. CONSULTANT will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or B. A claim exists or of will exist against CONSULTANT or CITY arising out of the negligence of the CONSULTANT or the CONSULTANT’S breach of any provision of this contract; then CITY may withhold payment of any amount otherwise due and payable to CONSULTANT under this contract. Any amount so withheld may be retained by CITY for that period of time as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANT, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of CITY by reason of CITY’S failure or refusal to withhold monies. No interest shall be payable by CITY on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of CITY.