Withheld Payment Sample Clauses

Withheld Payment. 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor or, in the opinion of the City, unlikely to be remedied by the Contractor; (b) claims of third parties against the City or the City’s property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be, liable. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand.

Withheld Payment. 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; (c) failure by the Contractor to pay subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand.

Withheld Payment. Payment may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly for labor, materials or equipment, (4) damage to the School District or another contractor, (5) reasonable evidence that the unpaid balance would not be adequate to cover delay damages for which the Contractor is responsible, (6) failure to carry out the Work in accordance with the Contract Documents, or (7) liquidated damages.

Withheld Payment. County may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to Contractor, to protect County from loss due to: a) defective Work not remedied by Contractor nor, in the opinion of County, likely to be remedied by Contractor; b) claims of third parties against County or County's property; c) failure by Contractor to pay subcontractors; d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract price; e) evidence that the Work will not be completed in the time required for Substantial or Final Completion; f) persistent failure to carry out the Work in accordance with the Contract; g) damage to County or a third party to whom County is, or may be, liable. In the event that County makes written demand upon Contractor for amounts previously paid by County as contemplated in this subparagraph, Contractor shall comply within thirty (30) business days of receipt of written demand.

Withheld Payment. 1) COUNTY may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to CONTRACTOR, to protect COUNTY from loss because of: (a.) Defective Work not remedied by CONTRACTOR nor, in the opinion of COUNTY, likely to be remedied by CONTRACTOR; (b.) Claims of third parties against COUNTY or COUNTY’s property or reasonable evidence indicating probable filing of such claims; (c.) Failure by CONTRACTOR to pay subcontractors or others in a prompt and proper fashion; (d.) Evidence that the Work cannot be completed in accordance with this Agreement for the unpaid balance of the Agreement Price; (e.) Evidence that the Work will not be completed in the time required for Substantial Completion or Final Completion; (f.) Persistent failure to carry out the Work in accordance with the Contract Documents; or (

Withheld Payment. 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (a) Defective work not remedied by the Contractor; (b) Claims of third parties against the Owner; (c) Failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) Evidence that the balance of the work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) Evidence that the work will not be completed in the time required for substantial or final completion; (f) Persistent failure to carry out the work in accordance with the Contract; (g) Damage to the Owner or a third party to whom the Owner is, or may be, liable.

Withheld Payment. 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the City, likely to be remedied by the Contractor; (b) claims of third parties against the City or the City's property, unless the surety provides the City a written consent regarding the payment(s) in question; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion. The City may ask the surety for a written consent regarding the payment(s) in question. However, notwithstanding the foregoing, and provisions of Section 255.05 (11), Florida Statutes, the parties hereby agree that the City may condition its payment to the Contractor on the production of a release, waiver, or like documentation from a Subcontractor or others demonstrating that the Subcontractor or others do not have an outstanding claim for payments due on labor, services or materials furnished under the Contract. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.79) shall be suspended until such time as the City obtains the requested documentation; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price; (e) evidence that the Work will not be completed in the time required for final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be liable; (h) failure to comply with 5.2.3 of this section. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such demand within ten (10) days of receipt of same.

Withheld Payment. In the event of a breach of contract, the Contracting Authority may withhold payment, although the amount withheld must obviously not be greater than what is necessary to secure the Contracting Authority’s claim of a breach of contract.

Withheld Payment. 5.2.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Artist, to protect the City from loss because of: (a) defective Artwork not remedied by the Artist nor, in the opinion of the City, likely to be remedied by the Artist, not withstanding Artist’s death or documented incapacity; (b) claims of third parties against the City or the City's property; (c) failure by the Artist to pay Subcontractors or others in a prompt and proper fashion. However, notwithstanding the foregoing, and provisions of Section 255.05(11), Florida Statutes, the parties hereby agree that the City may condition its payment to the Artist on the production of a release, waiver, or like documentation from a Subcontractor or others demonstrating that the Subcontractor or others do not have an outstanding claim for payments due on labor, services or materials furnished under the Contract. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.80, Florida Statutes) shall be suspended until such time as the City obtains the requested documentation; (d) evidence that the balance of the Artwork cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price, not withstanding Artist’s death or documented incapacity; (e) evidence that the Artwork will not be completed in the time required for Substantial or Final Completion, not withstanding Artist’s death or documented incapacity; (f) persistent failure to carry out the Artwork in accordance with the Contract, not withstanding Artist’s death or documented incapacity; (g) damage to the City or a third party to whom the City is, or may be, liable; (h) failure to comply with 5.1.3 of this Section; or (i) any and all sums or obligations owed by the Artist to the City under this Contract or any other agreement between City and Artist. In the event that the City makes written demand upon the Artist for amounts previously paid by the City as contemplated in this Subparagraph 5.2.1, the Artist shall comply with such demand within ten (10) days of receipt of same.