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mom and other data requested by the Owner to substantiate the Contractor' s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9 .5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect r hiy-Ell withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect' s opinion the representations to the Owner required by Section 9.4.2cannot be made. If the Architect is unable to certify payment in the amount of the Application, theArchitect will notify the Contractor and Owner as provided in Section 9.4. 1 . If the Contractor and Architect cannol agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount-amount if any, for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certi icate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect' s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3 .3 .2 , because of: .1 defective Work not Fernedied remedied or completed Work has been damaged requiring correction or replacement; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3` failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balancewouldnot be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents . § 9.5!2 When the above reasons for withholding certification are removed, certification will be made for mounts previously withheld. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the ma tner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor' shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor' s portion of the Work, the amount towhich said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor' s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding pe centages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Own r on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9 .6 . 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Projecfby the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents . § 9.6.7 Unless the GentfaetoE provides the Owner- with a payment bond in the full penal sum of the Con �et Sum, payments r-eeeived by the Centfaeter- for- Wefk pf oper-ly per-feEmed by Subeentmetefs and suppliers shall be held by contfaet with the Contraetef fer- which payment was fnade by the Owner. Netiling c-ofitained herein shall a AIA Document A201TM - 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 19701 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIA* Document is protected by U.S. Copyright Law and International Treaties. 30 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 04/19/20015 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: (1205244124) ; r I �J