Reinstatement of Retainage Clause Samples

Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the Contractor unless one or more of the following events occur: (a) The percentage of work complete falls behind the percentage required by the Overall Project Schedule by as much as five percent; or (b) The Contractor breaches a Notice of Non-Compliant Work; or (c) The Contractor becomes delinquent in regard to the filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; or (d) The Contractor commits any breach of the contract. In which event or events the Owner shall reinstate the ten percent retainage on all Applications for Payment due to be paid while one or more of the events continues to exist. The Contractor will be given written notice of the reinstatement of the retainage.
Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the Contractor unless one or more of the following events occur:
Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the CM/GC unless one or more of the following events occur: The percentage of work complete falls behind the percentage required by the Overall Project Schedule by as much as five percent; or The CM/GC breaches a Notice of Non-Compliant Work; or The CM/GC becomes delinquent in regard to the filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; in which event or events the Owner shall reinstate the ten percent retainage on all Applications for Payment due to be paid while one or more of the events continues to exist. The CM/GC will be given written notice of the reinstatement of the retainage.
Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the CM/GC unless one or more of the following events occur:
Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the Contractor unless one or more of the following events occur: The percentage of work complete falls behind the percentage required by the Overall Project Schedule by as much as five percent; or The Contractor breaches a Notice of Non-Compliant Work; or The Contractor becomes delinquent in regard to the filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; in which event or events the Owner shall reinstate the ten percent retainage on all Applications for Payment due to be paid while one or more of the events continues to exist. The Contractor will be given written notice of the reinstatement of the retainage.
Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the Design- Builder unless one or more of the following events occur: (a) The percentage of work complete falls behind the percentage required by the Overall Project Schedule by as much as five percent; or (b) The Design-Builder breaches a Notice of Non-Compliant Work; or (c) The Design-Builder becomes delinquent in regard to the filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; in which event or events the Owner shall reinstate the ten percent retainage on all Applications for Payment due to be paid while one or more of the events continues to exist. The Design-Builder will be given written notice of the reinstatement of the retainage.

Related to Reinstatement of Retainage

  • Reinstatement, etc The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment (in whole or in part) of any of the Guaranteed Obligations is rescinded or must otherwise be restored by any Lender Party, upon the insolvency, bankruptcy or reorganization of the Borrowers, any other Loan Party or otherwise, all as though such payment had not been made.

  • Reinstatement of Rights If Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Lender shall be restored to its former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.

  • Reinstatement Rights Reinstatement rights shall automatically cease five (5) years from the date ULA was commenced, and no further rights to reinstatement shall exist unless extended by written mutual consent of the School Board, the licensed teacher, and the union.

  • Payment of Costs and Legal Fees and Reinstatement of Benefits In the event any dispute or controversy arising under or in connection with the Executive’s termination is resolved in favor of the Executive, whether by judgment, arbitration or settlement, the Executive shall be entitled to the payment of (a) all legal fees incurred by the Executive in resolving such dispute or controversy, and (b) any back-pay, including Base Salary, bonuses and any other cash compensation, fringe benefits and any compensation and benefits due to the Executive under this Agreement.

  • Termination; Reinstatement This Guaranty is a continuing and irrevocable guaranty of all Obligations now or hereafter existing and shall remain in full force and effect until all Obligations and any other amounts payable under this Guaranty are indefeasibly paid in full in cash and the Commitments and the Facilities with respect to the Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or any Guarantor is made, or any of the Secured Parties exercises its right of setoff, in respect of the Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of each Guarantor under the preceding sentence shall survive termination of this Guaranty.