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may require. This schedule � when and only when, approved in writing by the A1•e#itet, Architect and the Owner, shall be used as a basis for reviewing the Contractor' s Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3. 1 At_least ten days before the date established for each progress payment, the Contractor shall sub ' t to the Architect an itemized Application for Payment for operations completed in accordance with the most re ent approved schedule of values. Such application shall be notarized, if required,and supported by such da substantiating the Contractor' s right to payment as the Owner or Architect may require, such as copiesf requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. § 9.3. 1 . 1 As provided in Section 7 . 3 . 8 , such applications may include requests for payment on accounto changes in the Work which have been properly authorized by Construction Change Directives, or by interim dete4nations of the Architect, but not yet included in Change Orders. § 9.3. 1 .2 Such applications fnay-shall not include requests for payment for portions of the Work for whithe Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been pe�formed b the Contractor or by others whom the Contractor intends to promptly pay. The Contractor shall make the following certification Affidavit on each Request for Payment: "I hereby certify that the labor and materials listed on this Rgguest for Payment have been used in the construction of this Work and payment received from the last reguest for payment has been used to make payments to all subcontractors, laborers material , men and suppliers except as listed below: " § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of ma erials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in writing in advance by the Owner, payment may similarly be made for materials and equipment suitably stored o f the site at a location agreedupon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner' s title to such materials and equipment or otherwise protect the Owner' s interest, and shall include the costs of applica le insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3,3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all 'Work_for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor' s knowledge, information and belief, be free and clear of liens claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or othe persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Wor c. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor' s Application for Payment, etherissue to the Owner' a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect ' s reasons for withholding certification in whole or in part as provided in Section 9 .5 . 1 . § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the CIwrier, based on the Architect' s' evaluation of the Work and the data comprising the Application for Payment, th it the Work has progressed to the point indicated and that, to the best of the Architect' s knowledge, information and I oelief, the quality of the Work is in accordance with the Contract Documents . The foregoing representations are su ' ect to an evaluation of the Wor-k fef- eenfefmanee with the Contr-aet Documents upon Substantial Completion, to f*sults 8 subsequent tests and inspections, fe orrection of minor deviations from the Contract Documents prior to 'Icompletion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, th issuance of a Certificate for Payment will not be a representation that the Architect has ( 1 ) made exhaustive or co tinuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, echniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers AIA Document A201 TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:00:02 on 04/19/2005 under Order No. 1000/ 26313_I which expires on 6/29/2005, and is not for resale. User Notes: (1205244124)