Withheld Payments. Subject to the other provisions of this Agreement, requests for payment will be honored by NYSDOT except that the State may elect by written notice to withhold any payments if: (1) The Contractor or the Operator shall have taken any action pertaining to the Project or this Agreement without the approval of NYSDOT where, under the terms of this Agreement, such approval of NYSDOT is required; or (2) The Contractor, its officers, members or employees or the Operator shall have violated any applicable conflict of interest rule, regulation, ordinance or statute in connection with this Agreement or the Project; or (3) The Contractor or the Operator shall be in default under any provision of this Agreement; or (4) Funding of the Project has not been made available to NYSDOT.
Appears in 2 contracts
Sources: Federal Transit Operating Assistance Agreement, Federal Transit Operating Assistance Agreement