Use of Withheld Funds Clause Samples
Use of Withheld Funds. Owner shall be entitled to retain any and all amounts withheld pursuant to Subsection 5.5A above until Consultant shall have either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner shall be entitled to apply any money withheld or any other money due Consultant under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys’ fees and administrative expenses incurred, suffered or sustained by Owner and chargeable to Consultant under this Contract.
Use of Withheld Funds. If Builder becomes entitled to retain any sums otherwise due Subcontractor, Builder, at its sole discretion, shall be entitled to cause the work to be performed by others, and may apply any sums otherwise then due Subcontractor (including sums owed on any Additional Work Amendments) against such costs of completion and any related costs and damages, with any excess thereafter to be paid to Subcontractor. If the cost of such completion results in a deficiency, Subcontractor shall be fully responsible for the deficiency, together with any damages and costs, including costs of court and reasonable attorneys’ fees, incurred by Builder and shall reimburse Builder therefor immediately upon request from Builder.