Reduction in Amount of Claim. The amount due to Design-Builder under this Article 14 will be reduced by: (a) all unliquidated advance or other payments made by VPRA to or on behalf of Design- Builder applicable to the terminated portion of the Agreement; (b) the amount of any claim that VPRA may have against any Design-Builder-Related Entity in connection with the Agreement; (c) the agreed price for, or the proceeds of the sale of, any property, Materials, supplies or other things acquired by Design-Builder or sold, pursuant to the provisions of this Article 14, and not otherwise recovered by or credited to VPRA; (d) amounts that VPRA deems advisable, in its discretion, to retain to cover any existing or threatened claims relating to the Project, including claims by Utility Owners or claims for which Design-Builder may be liable under Article 17; (e) the cost of repairing any Nonconforming Work; (f) the diminished value of Nonconforming Work; (g) the additional future costs that VPRA may incur as a result of Nonconforming Work; and (h) any amounts due or payable by Design-Builder to VPRA.
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Agreement