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' Liens : Before the final acceptance of the work and payment by the OWNER, the <br /> CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that al l <br /> claims for labor and materials employed or used in the construction of said work have been <br /> ' settled and no legal claim can be filed against the OWNER for such labor and materials . If such <br /> evidence is not furnished to the OWNER, such amounts as may be necessary to meet the <br /> unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract <br /> until the liability shall be fully discharged . <br /> 3 . CONDUCT OF THE WORK <br /> All parts and materials to be permanently installed shall be new and of the most suitable grade for <br /> the purpose intended. Equipment shall be modern, in good condition, and of adequate size and <br /> proper type to perform the duty required. <br /> 4 . DEFECTIVE WORK AND MATERIALS . <br /> All materials furnished or work done, when not in accordance with the intent of these <br /> Specifications, shall be rejected and shall be removed immediately and replaced by suitable and <br /> satisfactory work and materials . Failure to reject any defective work or materials will not prevent <br /> later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his <br /> obligation to fulfill his contract even though such work and materials have been previously <br /> inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor <br /> shall it prevent the OWNER in any time subsequent from recovering damages from work actually <br /> shown to be defective within a one ( 1 ) year period after the final acceptance. <br /> If the CONTRACTOR fails to remove any defective work or materials ,als , the OWNER shall have <br /> the right to stop work and remedy the cause at the expense of the CONTRACTOR. <br /> If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the <br /> right to retain such work and an equitable deduction shall be made in the Contract price . <br /> Damage to the Work. Until final acceptance of the work by the OWNER, it shall be under the <br /> charge and care of the CONTRACTOR and he shall take every necessary precaution against <br /> injury or damage to the work by the action of the elements, or from any other cause whatsoever. <br /> The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to <br /> any portion of the work before its completion and acceptance . <br /> Final Cleanup . Before the work is considered complete, al l rubbish and unused material due to , <br /> or connected with, the work must be removed and the premises left in a condition satisfactory to <br /> the OWNER. Al 1 property, public or private , disturbed or damaged, during the execution of the <br /> work shall be restored to its former condition . Final payment will be withheld until such work is <br /> ' accomplished . <br /> 5 . SAFETY AND PROTECTION <br /> ' Safety. The CONTRACTOR shall furnish and install al 1 necessary equipment and facilities for <br /> the protection of the workers and the safety of the public and shall carry on this work in a manner <br /> ' best calculated to avoid injury to the public or to the workers . <br /> ' Page 9 of 52 <br />