111-26 Agreement.pdf

4. Payment Procedures. Any provision of the Contract Documents notwithstanding, the Township shall not be obligated to make a payment or payments to the Contractor, which is otherwise due if, and for so long as, any one or more of the conditions set forth in this paragraph exists. (i) Contractor’s Application for Payment is not in the form or supported by the documentation required by this Agreement. (ii) Any part of such payment is attributable to work, which is defective or not strictly conforming to the requirements of the Contract Documents. (iii) Reasonable evidence exists of damage or loss to the Township or to a third-party to whom the Township is or may be liable, unless such liability has been accepted by Contractor’s insurer. (iv) Reasonable evidence exists that the work cannot be completed within the contract time and that the unpaid balance would be inadequate to cover actual damages or, if applicable, liquidated damages, for the anticipated delay. (v) Reasonable evidence exists that the work cannot be completed for the unpaid balance of the Contract Sum. (vi) Contractor is in default of any material obligations under the Contract Documents, after written notice by the Township of such default to Contractor, and the Contractor has been given a reasonable opportunity to cure such default. In the event that any of the foregoing conditions exist, the Township shall be entitled to withhold from any sum then due or thereafter to become due, including from retained sums, an amount sufficient in the reasonable judgment of the Township to satisfy, discharge and defend against such claims and to make good any losses, prospective losses, costs, attorney’s fees, and other expenses which may result from the existence of such conditions. All other amounts due to the Contractor shall be paid as and when due. Any provision of the Contract Documents notwithstanding, the Township shall not be obligated to make a payment or payments to the Contractor which is otherwise due, if, and for so long as, any one or more of the conditions set forth in this section exist. In the event that the Township withholds payment to the Contractor pursuant to this paragraph, the Township shall withhold only that amount that the Township reasonably believes constitutes a sum equivalent to the value of the item of

hholds payment to the Contractor pursuant to this paragraph, the Township shall withhold only that amount that the Township reasonably believes constitutes a sum equivalent to the value of the item of dispute, and shall release the balance payable under the affected Application for Payment. 5. Non-Discrimination. A. Contractor shall not discriminate against any worker, employee or applicant for employment because of religion, race, sex, color, national origin, marital status, ancestry, age, physical or mental disability unrelated to ability, or an unfavorable discharge from the military service, nor otherwise commit an unfair employment practice. Contractor further agrees that this article will be incorporated by the Contractor in all contracts entered into with subcontractors furnishing skilled, unskilled and/or craft skilled labor and/or who may otherwise perform any such labor or services in connection with this Contract. B. The Contractor shall comply with all applicable federal, state and local sexual harassment laws.