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§ 5 . 1 . 2 Upon the Owner' s receipt of a properly submitted and <br /> correct Application for Payment , the Owner shall make payment to the Design/ Builder in <br /> accordance with the Local Government Prompt payment Act FS $ 218 . 70 et seq . <br /> § 5 . 1 . 3 The Application for Payment shall constitute a representation by the <br /> Design/ Builder to the Owner that the design and construction have progressed to the <br /> point indicated , the quality of the Work covered by the application is in accordance with <br /> the Contract Documents , and the Design/ Builder is entitled to payment in the amount <br /> requested . <br /> § 541 . 4 Upon receipt of payment from the Owner , the Design/ Builder shall promptly pay <br /> the Architect , other design professionals and each contractor the amount to which each <br /> is entitled in accordance with the terms of their respective contracts . <br /> § 5 . 1 . 5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be <br /> responsible in any way for payment to the Architect , another design professional or a <br /> contractor performing portions of the Work . <br /> § 5 . 1 . 6 Neither progress payment nor partial or entire use or occupancy of the Project <br /> by the Owner shall constitute an acceptance of Work not in accordance with the <br /> Contract Documents . <br /> § 5 . 1 . 7 The Design/ Builder warrants that title to all construction covered by an <br /> Application for Payment will pass to the Owner no later than the time of payment . The <br /> Design /Builder further warrants that upon submittal of an Application for Payment all <br /> construction for which payments have been received from the Owner shall be free and <br /> clear of liens , claims , security interests or encumbrances in favor of the Design/ Builder <br /> or any other person or entity performing construction at the site or furnishing materials <br /> or equipment relating to the construction . <br /> § 5 . 1 . 8 At the time of Substantial Completion , the Owner shall pay the Design/ Builder <br /> the retainage , if any , less the reasonable cost to correct or complete incorrect or <br /> incomplete Work . Final payment of such withheld sum shall be made upon correction or <br /> completion of such Work . <br /> § 5 . 2 FINAL PAYMENTS <br /> § 5 . 2 . 1 Neither final payment nor amounts retained , if any , shall become due until the <br /> Design/ Builder submits to the Owner: ( 1 ) an affidavit that payrolls , bills for materials and <br /> equipment , and other indebtedness connected with the Work for which the Owner or <br /> Owner' s property might be responsible or encumbered ( less amounts withheld by the <br /> Owner) have been paid or otherwise satisfied ; ( 2 ) a certificate evidencing that insurance <br /> required by the Contract Documents to remain in force after final payment is currently <br /> in effect and will not be canceled or allowed to expire until at least 30 days ' prior written <br /> notice has been given to the Owner; ( 3 ) a written statement that the Design/ Builder <br /> knows of no substantial reason that the insurance will not be renewable to cover the <br /> period required by the Contract Documents ; (4 ) consent of surety , if any , to final <br /> 9 <br />