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Design/Builder further warrants that upon submittal of an Application for Payment all construction for which payments have been received from the Owner shall be free and clear of liens , claims , security interests or encumbrances in favor of the Design/Builder or any other person or entity performing construction at the site or furnishing materials or equipment relating to the construction . § 5. 1 .8 At the time of Substantial Completion , the Owner shall pay the Design/Builder the retainage , if any , less the reasonable cost to correct or complete incorrect or incomplete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work. § 5 .2 FINAL PAYMENTS § 5.2 . 1 Neither final payment nor amounts retained , if any, shall become due until the Design/Builder submits to the Owner: ( 1 ) an affidavit that payrolls , bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied ; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; (3) a written statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents ; (4) consent of surety, if any, to final payment; and ( 5) if required by the Owner, other data establishing payment or satisfaction of obligations , such as receipts , releases and waivers of liens , claims , security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner, the Design/ Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien . If such lien remains unsatisfied after payments are made , the Design/Builder shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a result of such lien . § 5.2 . 2 When the Work has been completed and the contract fully performed , the Design/Builder shall submit a final application for payment to the Owner, who shall make final payment in accordance with the Florida Prompt payment Act , FS§ 218 . 70 et seq . within 39 days of FeGeopt. § 5. 2. 3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from : A liens , claims , security interests or encumbrances arising out of the Contract and unsettled ; . 2 failure of the Work to comply with the requirements of the Contract Documents ; or . 3 terms of special warranties required by the Contract Documents . § 5 .2 .4 Acceptance of final payment shall constitute a waiver of all claims by the Design/Builder except those previously made in writing and identified by the Design/Builder as unsettled at the time of final Application for Payment . 9