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<br />Representative is unable to approve payment in the amount of the Application, the City's <br />Representative will notify the Contractor. If the Contractor and City's Representative cannot <br />agree on a revised amount, the City's Representative will promptly issue approval for payment <br />for the amount for which the City's Representative is able to determine is due Contractor. The <br />City's Representative may also decide not to approve payment or, because of subsequently <br />discovered evidence or subsequent observations, may nullify the whole or a part of approval for <br />payment previously issued, to such extent as may be necessary in the City's Representative <br />opinion to protect the City from loss because of: <br /> <br />.1 defective Work not remedied or damage to completed Work; <br /> <br />.2 failure to supply sufficient skilled workers or suitable materials; <br /> <br />.3 third party claims filed or reasonable evidence indicating probable filing of such claims; <br /> <br />.4 failure of the Contractor to make payments properly to Subcontractors or for labor, materials <br />or equipment; <br /> <br />.5 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract <br />Amount; <br /> <br />.6 damage to the City or another contractor; <br /> <br />.7 reasonable evidence that the Work will not be completed within the Contract Time or an <br />unsatisfactory rate of progress made by Contractor; <br /> <br />.8 Contractor's failure to comply with applicable Rules, regulations, Statutes, Ordinances, <br />standards; <br /> <br />.9 Contractor's or Subcontractor's failure to comply with contract Prevailing Wage requirements; <br />or <br /> <br />.10 Contractor's failure to carry out the Work in strict accordance with the Contract Documents. <br /> <br />7.5.2 When the above reasons for withholding approval are removed, approval will be made for <br />amounts previously withheld. <br /> <br />7.6 Failure of Payment <br /> <br />7.6.1 If the City is entitled to reimbursement or payment from the Contractor under or pursuant <br />to the Contract Documents, such payment by Contractor shall be made promptly upon demand <br />by the City. Notwithstanding anything contained in the Contract Documents to the contrary, if <br />the Contractor fails to promptly make any payment due the City, or the City incurs any costs and <br />expenses to cure any default of the Contractor or to correct defective Work, the City shall have <br />an absolute right to offset such amount against the Contract Amount and may, in the City's sole <br /> <br />29 <br /> <br />., <br />