TranSystems Corporation - LGM Construction

agency that issued that permit or license has approved that portion
of the Work to which the permit or license pertains and has closed
the permit or license; and
(vii) All photo identification and access badges, if any, issued in
accordance with the terms of Exhibit F below to workers engaged
in the performance of the Work, except for lost or stolen badges,
the loss or theft of which Contractor timely reported to FedEx in
accordance with the terms of Exhibit F.
(d) If any Subcontractor refuses to furnish a release or waiver of lien, Contractor may
furnish a bond in form and amount satisfactory to FedEx to indemnify it against any lien arising
in favor of that Subcontractor. Notwithstanding the foregoing, FedEx reserves the right to make
payment directly to any Subcontractor (or jointly to the Subcontractor and Contractor) in such
amount as FedEx determines to be appropriate to protect FedEx's property from a lien to which
that Subcontractor is entitled or alleges that it is entitled, and the amount owed Contractor will be
reduced by the amount of any such payment by FedEx.
Section 4.11. FedEx's Right to Withhold Payment.
FedEx may withhold all or part of any
payment (including Final Payment) and it may withhold Retainage to such extent as it deems
necessary to protect itself from loss on account of:
(i) defective Work;
(ii) third-party claims arising from the Work and filed against FedEx,
or reasonable evidence indicating the probable filing of any such
claim;
(iii) reasonable doubt that Contractor will substantially complete the
Work by the Substantial Completion Date;
(iv) failure of Contractor to make payments, when due, to its
Subcontractors or other suppliers of equipment, material or labor
required in connection with the Work;
(v) evidence of fraud, over-billing or overpayment discovered upon
audit;
(vi) unsatisfactory prosecution of the Work by Contractor;
(vii) reasonable doubt that Contractor can complete the Work for the
unpaid balance of the Contractor’s Fee;
(viii) damage to another contractor, subcontractor or sub-subcontractor
that Contractor causes; or
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