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j• <br />e. Engineer has actual knowledge of the occurrence of any of the events that would <br />constitute a default by Contractor and therefore justify termination for cause <br />under the Contract Documents. <br />D. Payment Becomes Due: <br />1. Ten days after presentation of the Application for Payment to Owner with Engineer's <br />recommendation, the amount recommended (subject to any Owner set -offs) will <br />become due, and when due will be paid by Owner to Contractor. <br />E. Reductions in Payment by Owner: <br />1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner <br />is entitled to impose a set-off against payment based on any of the following: <br />a. claims have been made against Owner on account of Contractor's conduct in the <br />performance or furnishing of the Work, or Owner has incurred costs, losses, or <br />damages on account of Contractor's conduct in the performance or furnishing of <br />the Work, including but not limited to claims, costs, losses, or damages from <br />workplace injuries, adjacent property damage, non-compliance with Laws and <br />Regulations, and patent infringement; <br />b. Contractor has failed to take reasonable and customary measures to avoid <br />damage, delay, disruption, and interference with other work at or adjacent to the <br />Site; <br />c. Contractor has failed to provide and maintain required bonds or insurance; <br />d. Owner has been required to remove or remediate a Hazardous Environmental <br />Condition for which Contractor is responsible; <br />e. Owner has incurred extra charges or engineering costs related to submittal <br />reviews, evaluations of proposed substitutes, tests and inspections, or return <br />visits to manufacturing or assembly facilities; <br />f. the Work is defective, requiring correction or replacement; <br />g• <br />Owner has been required to correct defective Work in accordance with Paragraph <br />14.07, or has accepted defective Work pursuant to Paragraph 14.04; <br />h. the Contract Price has been reduced by Change Orders; <br />an event that would constitute a default by Contractor and therefore justify a <br />termination for cause has occurred; <br />liquidated damages have accrued as a result of Contractor's failure to achieve <br />Milestones, Substantial Completion, or final completion of the Work; <br />k. Liens have been filed in connection with the Work, except where Contractor has <br />delivered a specific bond satisfactory to Owner to secure the satisfaction and <br />discharge of such Liens; <br />I. there are other items entitling Owner to a set off against the amount <br />recommended. <br />2. If Owner imposes any set-off against payment, whether based on its own knowledge <br />or on the written recommendations of Engineer, Owner will give Contractor <br />immediate written notice (with a copy to Engineer) stating the reasons for such action <br />and the specific amount of the reduction, and promptly pay Contractor any amount <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 57 of 65 <br />