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§ 9.3.1 .1 As provided in Section 7. 3 . 9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect; but not yet included in Change Orders. § 9.3. 1 :2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise .provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner' s title to such materials and equipment or otherwise protect the Owner' s interest, and shall include the costs of applicable Kit nsurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.31 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later thanthe time "of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor' s knowledge, information and belief be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PA1fMENT § 9.4. 1 The Architect wf ll, within seven days after receipt of the Contractor' s Application for Payment, either issue to the Owner a Certificate for, Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect' s reasons for withholding certification in whole or in part as provided in Section 9 . 5 . 1 . § 9,4.21h6issuance - f a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect ' s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect' s knowledge, in and belief the Work has progressed to the point indicated and that the quality of the Work is in accordance.with the Contract Documents. The foregoing representations are subject to An evaluation :of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent testsand inspections, to correction of minor deviations from the Contract Documents prior to completion and to, specific qualifications 'expressed by the Architect. The issuance of a Certificate for Payment will further Lim I constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for PaymentAl ill not be a representation that the Architect has ( 1 ) made exhaustive or continuous on- site inspections to check the qualityor quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3 ) reviewed copies of requisitions received from Subcontractors and material suppliers 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 may 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 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4. 1 . If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequenI It tly discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to 1, rim rm % such extent as may 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 remedied; .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; Init. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915 , 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. 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 underthe law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566)