RIGHT TO WITHHOLD PAYMENT Sample Clauses
The Right to Withhold Payment clause allows one party, typically the buyer or client, to delay or suspend payment to the other party if certain conditions are not met. In practice, this clause may be triggered if the goods delivered are defective, services are incomplete, or contractual obligations are otherwise unfulfilled. Its core function is to provide leverage and protection for the paying party, ensuring that payment is only made when agreed standards or milestones are satisfied, thereby encouraging compliance and reducing the risk of non-performance.
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RIGHT TO WITHHOLD PAYMENT. LEA may withhold payment to CONTRACTOR when: (a) CONTRACTOR has failed to perform, in whole or in part, under the terms of this contract; (b) CONTRACTOR has billed for services rendered on days other than billable days of attendance or for days when student was not in attendance and/or did not receive services; (c) CONTRACTOR was overpaid by ▇▇▇ as determined by inspection, review, and/or audit of its program, work, and/or records; (d) CONTRACTOR has failed to provide supporting documentation with an invoice, as required by EC 56366(c)(2); (e) education and/or related services are provided to students by personnel who are not appropriately credentialed, licensed, or otherwise qualified; (f) LEA has not received prior to school closure or contract termination, all documents concerning one or more students enrolled in CONTRACTOR’s educational program; (g) CONTRACTOR fails to confirm a student’s change of residence to another district or confirms the change or residence to another district, but fails to notify LEA within five (5) days of such confirmation; or (h) CONTRACTOR receives payment from Medi-Cal or from any other agency or funding source for a service provided to a student. It is understood that no payments shall be made for any invoices that are not received by six (6) months following the close of the prior fiscal year, for services provided in that year. Final payment to CONTRACTOR in connection with the cessation of operations and/or termination of a Master Contract will be subject to the same documentation standards described for all payment claims for regular ongoing operations. In addition, final payment may be withheld by the LEA until completion of a review or audit, if deemed necessary by the LEA. Such review or audit will be completed within ninety (90) days. The final payment may be adjusted to offset any previous payments to the CONTRACTOR determined to have been paid in error or in anticipation of correction of documentation deficiencies by the CONTRACTOR that remain uncorrected.
(a) the value of the service CONTRACTOR failed to perform; (b) the amount of overpayment; (c) the entire amount of the invoice for which satisfactory documentation has not been provided by CONTRACTOR; (d) the amount invoiced for services provided by the individual not appropriately credentialed, licensed, or otherwise qualified; (e) the proportionate amount of the invoice related to the applicable pupil for the time period from the date the violation occurred a...
RIGHT TO WITHHOLD PAYMENT. County reserves the right to withhold any portion, or all, of a scheduled payment if Provider fails to perform under this Agreement until such breach has been fully cured.
RIGHT TO WITHHOLD PAYMENT a) ▇▇▇ may withhold payment to CONTRACTOR when:
i) CONTRACTOR has failed to perform, in whole or in part, under the terms of this contract
ii) CONTRACTOR was overpaid by ▇▇▇ as determined by inspection, review, and/or audit of its program, work, and/or records
iii) CONTRACTOR has failed to provide supporting documentation with an invoice, as required by Section 57 iv) education and/or related services are provided to LEA pupils by personnel who are not appropriately credentialed, licensed, or otherwise qualified
v) ▇▇▇ has not received prior to school closure or contract termination, all documents concerning one or more LEA pupils enrolled in CONTRACTOR’s educational program vi) CONTRACTOR fails to confirm a pupil’s change of residence to another district or confirms the change or residence to another district, but fails to notify LEA with five (5) days of such confirmation
RIGHT TO WITHHOLD PAYMENT a) ▇▇▇ may withhold payment to CONTRACTOR when:
i) CONTRACTOR has failed to perform, in whole or in part, under the terms of this contract
ii) CONTRACTOR was overpaid by ▇▇▇ as determined by inspection, review, and/or audit of its program, work, and/or records
iii) CONTRACTOR has failed to provide supporting documentation with an invoice, as required by Section 57 iv) education and/or related services are provided to LEA pupils by personnel who are not appropriately credentialed, licensed, or otherwise qualified
RIGHT TO WITHHOLD PAYMENT. AHS reserves the right to withhold payments from the Operator if the Operator fails to comply with the reporting requirements set out in this Agreement.
RIGHT TO WITHHOLD PAYMENT. Notwithstanding any provision of the Contract Documents to the contrary, Owner shall have the right to withhold payment to Contractor as necessary to protect itself if, after written notice and reasonable opportunity to cure: (i) Contractor is in default of any of its Contract Documents obligations; (ii) Owner reasonably believes any part of a payment due is attributable to Project services or Work that fails to conform to the Contract Documents’ requirements, except that Owner shall make payment attributable to services or Work that does conform to the Contract Documents’ requirements; (iii) Contractor causes damage to the Work, Owner, or Owner’s Separate Contractors; (iv) Contractor fails to timely make payments due and owing to Subcontractors or Suppliers who contributed to Work for which Owner has paid Contractor and for which Contractor has given to Owner no notice of its good faith dispute concerning the unpaid Subcontractor or Supplier; (v) reasonable doubt that Contractor can complete the Work in accordance with the Contract Documents, including the Construction Schedule; (vi) Owner determines, based on a Statement of Outstanding Work or otherwise, that the Work of a Deliverable Portion of Work cannot be completed for the Contract Sum unless and until Contractor furnishes a reasonable and satisfactory statement and plan showing and certifying that the Work can be completed for the Contract Sum, or Contractor, at no cost to Owner, causes a sufficient portion of the applicable Work to be performed such that the unpaid portion of the Contract Sum is reasonably sufficient to complete the Work; (vii) reasonable evidence that the Work of a Deliverable Portion of Work will not be completed within the Contract Time, and the unpaid Contract Sum balance will not be adequate to cover Owner’s damages for the Delay; (viii) entitlement to offset for assessment of Liquidated Damages; (ix) reasonable evidence of probable third party claims, unless Contractor furnishes to Owner acceptable security.
RIGHT TO WITHHOLD PAYMENT. AHS reserves the right to withhold payment of Service Fees if the Service Provider fails to comply with the Deliverables.
RIGHT TO WITHHOLD PAYMENT. ▇▇▇ may withhold payment to CONTRACTOR when: (a) CONTRACTOR has failed to perform, in whole or in part, under the terms of this contract; (b) contractor has billed for services not approved through an IEP or written agreement with LEA; (c) CONTRACTOR has billed for services rendered on days other than billable days of attendance or for days when student was not in attendance and/or did not receive services;
RIGHT TO WITHHOLD PAYMENT. ▇▇▇ may withhold payment to CONTRACTOR when: CONTRACTOR has failed to perform, in whole or in part, under the terms of this contract CONTRACTOR was overpaid by ▇▇▇ as determined by inspection, review, and/or audit of its program, work, and/or records CONTRACTOR has failed to provide supporting documentation with an invoice, as required by Section 57 education and/or related services are provided to LEA pupils by personnel who are not appropriately credentialed, licensed, or otherwise qualified ▇▇▇ has not received prior to school closure or contract termination, all documents concerning one or more LEA pupils enrolled in CONTRACTOR’s educational program CONTRACTOR fails to confirm a pupil’s change of residence to another district or confirms the change or residence to another district, but fails to notify LEA with five (5) days of such confirmation CONTRACTOR receives payment from Medi-Cal or from any other agency or funding source for a service provided to a LEA pupil. The amount which may be withheld by ▇▇▇ with respect to each of the subparagraphs of the preceding paragraph are as follows: the value of the service CONTRACTOR failed to perform the amount of overpayment the portion of the invoice for which satisfactory documentation has not been provided by CONTRACTOR the amount invoiced for services provided by the individual not appropriately credentialed, licensed, or otherwise qualified the proportionate amount of the invoice related to the applicable pupil for the time period from the date of the violation occurred and until the violation is cured the proportionate amount of the invoice related to the applicable pupil for the time period from the date of the violation occurred and until the violation is cured the amount paid to CONTRACTOR by Medi-Cal or another agency or funding source for the service provided to the LEA pupil. If LEA determines that cause exists to withhold payment to CONTRACTOR, LEA shall, within ten (10) business days of receipt of such invoice, provide to CONTRACTOR written notice that LEA is withholding payment. Such notice shall specify the basis or bases for LEA’s withholding payment and the amount to be withheld. Within thirty (30) days from the date of receipt of such notice, CONTRACTOR shall take all necessary and appropriate action to correct the deficiencies that form the basis for ▇▇▇’s withholding payment, submit a written request for extension of time to correct the deficiencies, or submit to LEA written documentation ...
RIGHT TO WITHHOLD PAYMENT. LEA may withhold payment to CONTRACTOR when: (a) CONTRACTOR has failed to perform, in whole or in part, under the terms of this contract; (b) CONTRACTOR was overpaid by ▇▇▇ as determined by inspection, review, and/or audit of its program, work, and/or records; (c) CONTRACTOR has failed to provide supporting documentation with an invoice, as required by Section 57; (d) education and/or related services are provided to LEA pupils by personnel who are not appropriately credentialed, licensed, or otherwise qualified; (e) LEA has not received prior to school closure or contract termination, all documents concerning one or more LEA pupils enrolled in CONTRACTOR’s educational program;