Withholding Progress Payments Clause Samples

The 'Withholding Progress Payments' clause allows a party, typically the owner or client, to temporarily suspend or reduce payments to a contractor or service provider if certain conditions are not met. This clause is commonly triggered when there are deficiencies in the work, delays, or failure to provide required documentation such as lien waivers or progress reports. By enabling the withholding of payments, the clause incentivizes timely and proper performance, ensuring that the contractor addresses issues before receiving further compensation and protecting the owner's financial interests.
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Withholding Progress Payments. (1) Progress payments may be withheld for any violation or breach of a subcontract requirement such as but not limited to: (a) Failure to comply with prompt pay requirements; (b) Failure to be responsive to the Department or [Insert DB Contractor Name]; or (c) Failure to comply with any subcontract provision that creates a non-compliance with the Contract. (2) Efforts by [Insert DB Contractor Name] will be made to expeditiously remedy any impediments so that payments can be made as soon as possible. (3) Any payment dispute will be reflected and reported monthly in the Department’s tracking system.
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Withholding Progress Payments. The Owner may withhold all or part of any progress payment or payments from the Contractor until the Parties have remedied the breach of this Agreement. In the event that progress payments are withheld; the Project Contractor and Employer shall not be entitled to interest on said payments. If an Employer(s) is responsible for noncompliance with the Workforce Program requirements (Articles 10 and 11), the Owner may choose to withhold only their portion of the progress payment.
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Withholding Progress Payments. The Owner may withhold all or part of any progress payment or payments until the Contractor or Subcontractor has remedied the breach of this Agreement. In the event that progress payments are withheld, the Contractor shall not be entitled to interest on said payments. If a Subcontractor is responsible for noncompliance of the workforce Program requirements, the Owner may choose to withhold only the Subcontractor’s portion of the progress payment.
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Withholding Progress Payments. The Public Owner may withhold all or part of any progress payment or payments until the Prime Contractor or Subcontractor has remedied the breach of this Agreement. In the event that progress payments are withheld, the Prime Contractor or Subcontractor shall not be entitled to interest on said payments. If a Subcontractor is responsible for noncompliance of the workforce Program requirements, the Public Owner may choose to withhold only the Subcontractor’s portion of the progress payment.
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Withholding Progress Payments. (1) Progress payments may be withheld for any violation or breach of a subcontract requirement such as but not limited to: (a) Failure to comply with prompt pay requirements; (b) Failure to be responsive to the Department or [Insert DB Contractor Name]; or (c) Failure to comply with any subcontract provision that creates a non-compliance with the Contract. (2) Efforts by [Insert DB Contractor Name] will be made to expeditiously remedy any impediments so that payments can be made as soon as possible. (3) Any payment dispute will be reflected and reported monthly in the Department’s CMTS.
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Withholding Progress Payments. The Owner may withhold all or part of any progress payment or payments until the PRIME has remedied the breach of Contract. In the event that progress payments are withheld, the PRIME shall not be entitled to interest on said payments. If a subcontractor(s) is responsible for noncompliance with the Workforce Program requirements, the Owner may choose to withhold only their portion of the progress payment.
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Withholding Progress Payments. (1) Progress payments may be withheld for any violation or breach of a subcontract requirement such as but not limited to: (a) Failure to comply with prompt pay requirements; (b) Failure to be responsive to the Department or DPJV; or (c) Failure to comply with any subcontract provision that creates a non-compliance with the Contract. (2) Efforts by DPJV will be made to expeditiously remedy any impediments so that payments can be made as soon as possible. (3) Any payment dispute will be reflected and reported monthly in the Department’s tracking system.
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Withholding Progress Payments. (1) Progress payments may be withheld for any violation or breach of a subcontract requirement such as but not limited to:
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Related to Withholding Progress Payments

  • Withholding Taxes (a) If the Lead Securitization Note Holder or the Mortgage Loan Borrower shall be required by law to deduct and withhold Taxes from interest, fees or other amounts payable to any Non-Lead Securitization Note Holder with respect to the Mortgage Loan as a result of such Non-Lead Securitization Note Holder constituting a Non-Exempt Person, such Lead Securitization Note Holder, in its capacity as servicer, shall be entitled to do so with respect to such Non-Lead Securitization Note Holder’s interest in such payment (all withheld amounts being deemed paid to such Note Holder), provided that the Lead Securitization Note Holder shall furnish such Non-Lead Securitization Note Holder with a statement setting forth the amount of Taxes withheld, the applicable rate and other information which may reasonably be requested for purposes of assisting such Note Holder to seek any allowable credits or deductions for the Taxes so withheld in each jurisdiction in which such Note Holder is subject to tax. (b) Each Note Holder (to the extent it is not the same entity as the Lead Securitization Note Holder) shall and hereby agrees to indemnify the Lead Securitization Note Holder against and hold the Lead Securitization Note Holder harmless from and against any Taxes, interest, penalties and attorneys’ fees and disbursements arising or resulting from any failure of the Lead Securitization Note Holder to withhold Taxes from payment made to such Note Holder in reliance upon any representation, certificate, statement, document or instrument made or provided by such Note Holder to the Lead Securitization Note Holder in connection with the obligation of the Lead Securitization Note Holder to withhold Taxes from payments made to such Note Holder, it being expressly understood and agreed that (i) the Lead Securitization Note Holder shall be absolutely and unconditionally entitled to accept any such representation, certificate, statement, document or instrument as being true and correct in all respects and to fully rely thereon without any obligation or responsibility to investigate or to make any inquiries with respect to the accuracy, veracity, correctness or validity of the same and (ii) such Note Holder, upon request of the Lead Securitization Note Holder and at its sole cost and expense, shall defend any claim or action relating to the foregoing indemnification using counsel selected by the Lead Securitization Note Holder. (c) Each Note Holder (to the extent it is not the same entity as the Lead Securitization Note Holder) represents (for the benefit of the Mortgage Loan Borrower) that it is not a Non-Exempt Person and that neither the Lead Securitization Note Holder nor the Mortgage Loan Borrower is obligated under applicable law to withhold Taxes on sums paid to it with respect to the Mortgage Loan or otherwise pursuant to this Agreement. Contemporaneously with the execution of this Agreement and from time to time as necessary during the term of this Agreement, each Note Holder (to the extent it is not the same entity as the Lead Securitization Note Holder) shall deliver to the Lead Securitization Note Holder or Servicer, as applicable, evidence satisfactory to the Lead Securitization Note Holder substantiating that such Note Holder is not a Non-Exempt Person and that the Lead Securitization Note Holder is not obligated under applicable law to withhold Taxes on sums paid to it with respect to the Mortgage Loan or otherwise under this Agreement. Without limiting the effect of the foregoing, (i) if a Note Holder is created or organized under the laws of the United States, any state thereof or the District of Columbia, it shall satisfy the requirements of the preceding sentence by furnishing to the Lead Securitization Note Holder an Internal Revenue Service Form W-9 and (ii) if a Note Holder is not created or organized under the laws of the United States, any state thereof or the District of Columbia, and if the payment of interest or other amounts by the Mortgage Loan Borrower is treated for United States income tax purposes as derived in whole or part from sources within the United States, such Note Holder shall satisfy the requirements of the preceding sentence by furnishing to the Lead Securitization Note Holder Internal Revenue Service Form W-8ECI, Form W-8IMY (with appropriate attachments), Form W-8BEN or Form W-8BEN-E, or successor forms, as may be required from time to time, duly executed by such Note Holder, as evidence of such Note Holder’s exemption from the withholding of United States tax with respect thereto. The Lead Securitization Note Holder shall not be obligated to make any payment hereunder with respect to any Non-Lead Securitization Note or otherwise until the holder of such Note shall have furnished to the Lead Securitization Note Holder requested forms, certificates, statements or documents.

  • Withholding Payment In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties.

  • Withholding Rights (a) Each of the Acquiring Parties shall be entitled to deduct and withhold from the Consideration otherwise payable pursuant to this Agreement to Transferor such amounts as it is required to deduct and withhold with respect to the making of such payment under the Code, or any provision of state, local or foreign tax law, and to pay the same to any U.S. federal, state, local or foreign Governmental Authority as required by Applicable Law. To the extent that amounts are so withheld and paid by the Acquiring Parties, such amounts shall be treated for all purposes of this Agreement as having been paid as Consideration to Transferor in respect of which such deduction or withholding and payment was made. (b) If any of the Acquiring Parties are required to make any payment to a Governmental Authority in respect of a withholding obligation arising out of the payment of the Consideration to Transferor and the Cash Payment portion of the Consideration payable with respect to Transferor is not sufficient to make such payment, then Transferor shall provide to such Acquiring Party, on demand, the amount of the shortfall, and such Acquiring Party shall pay such amount to the Governmental Authority. (c) Transferor agrees to furnish each of the Acquiring Parties with such representations and forms as it shall reasonably request to assist it in determining the extent of, and in fulfilling, any obligations it may have to withhold and pay over amounts to any Governmental Authority and/or to file any Tax Returns or information returns with respect to the payment of the Consideration to Transferor or the payment of any Taxes to any Governmental Authority in respect of Transferor arising in connection with this Agreement. (d) The Transferor Parties agree, jointly and severally, to indemnify and hold harmless the Acquiring Parties and their respective officers, directors, employees and agents, from and against any liability with respect to Taxes, interest or penalties which may be asserted by reason of (i) the failure to deduct and withhold Tax on the Consideration payable to Transferor or (ii) the failure to file any Tax or information returns with respect to Transferor due in connection with this Agreement, unless such failure described in either phrase (i) or (ii) of this sentence was attributable to the fraud, gross negligence or willful misconduct of the Acquiring Parties or any of their respective officers, directors, employees, agents or Affiliates. Notwithstanding the foregoing, to the extent the Acquiring Parties fail to deduct and withhold Tax on the Consideration payable to Transferor, Transferor shall remain liable for payment of such Tax.