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2 . Notarized and corporate sealed Final Release of Liens from Contractor. 3 . Consent of surety for final payment. 4 . All pre-requisites for substantial completion and final completion have been met . The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled . GC 44 . 10 Withheld Payments . The Owner may withhold or, on account of subsequently discovered evidence , nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a . Defective work or material is not remedied . b . Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against the Contractor. C . Failure of the Contractor to make payments to sub-contractors or for material or labor. d . Damage to another Contractor. e . Contractor is in default of any contract condition . f. Contractor fails to submit information required by this Contract. g . Contractor consistently fails to perform work in accordance with the Contract Documents . h . Owner has reasonable doubt that Contract work can be completed within the schedule for the balance of the Contract price which remains unpaid . i . Contractors insurance coverage lapsed . j . Owner has a right to claim liquidated damages . When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to the Owner, which will protect the Owner in the amount withheld , payment shall be made for amounts withheld because of them . GC 44 . 11 The provisions of the Local Government Prompt Payment Act, Section 218 . 70 et seq , Fla . Stat. , are incorporated by reference herein . The Act provides payment due dates , addresses , interest and payment dispute resolution . GC 45 LIENS . Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract, or receipts in full in lieu thereof and , if required in either case , an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed ; but the Contractor may , if any sub-contractor refuses to furnish a release or receipt in full , furnish a bond satisfactory to the Owner, to indemnify the Owner against any claim or lien ( in cases where such payment is not already guaranteed by Surety or Performance Bond ) . If any claim or lien remains unsatisfied after all payments are made , the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien , including all costs and reasonable attorney' s fee . GC 46 CONSTRUCTION PERFORMANCE BOND . ( if required ) (A) In accordance with the provisions of Section 255 . 05 , Florida Statutes , the Contractor shall provide to the Owner, on forms furnished by the Owner , a 100 % Performance Bond and a 100 % Labor and Material Payment Bond ( " Bond " ) each in an amount not less than the total Cost of the Project as defined in Article II . The Bond shall incorporate by reference the terms of the Contract Documents in its entirety . Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond : 44 12/1/2009 3:45:46 PM