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FEB 171982 <br />an 3 <br />..�0 tiE89c� <br />of the Application and •Certificate for Payment attached hereto <br />that "issuance, payment and acceptance of payment are without <br />prejudice to any rights of the Owner or Contractor under this <br />contract", same being the aforesaid contract between Owner and <br />Contractor dated April 2, 1980. <br />6. It is agreed by Owner and Contractor that the above <br />payment is not a final payment within the meaning of the contract, <br />including but not limited to Paragraphs 9.9.4 and 9.9.5 of the <br />General Conditions to the contract. <br />7. It is agreed by Owner and Contractor that with <br />respect to additional monies under the contract not yet paid, that <br />the sum of $1,000.00 shall be designated as the Final Payment <br />under the. contract and not paid until the latter of completion of <br />the cost plus work referenced hereinabove and termination of the <br />lawsuit„referred to in Paragraph 4 hereinabove, it being further <br />understood and agreed that each application for payment prior to <br />the application for such Final Payment shall be a progress payment <br />under the contract, including but not limited to Application for <br />Payment No. 22 in the amount of $16,939.58, which Application on <br />its face refers to the aforesaid sum of $1,000.00 under the <br />heading "Retainage". To the extent, if any, said contract dated <br />April 10, 1980, including the general conditions and other papers <br />and documents incorporated therein and forming a part thereof, is <br />inconsistent with this Agreement or any provision hereof, said <br />contract which is incorporated herein by reference as though set <br />forth herein at length is hereby amended by the terms of this <br />Agreement which shall control. <br />8. In the event the architect/engineer does not approve <br />and return to the owner the aforesaid Certificate for Payment No. <br />21 within 10 days of February 16, 1982, this Agreement shall be <br />deemed void ab initio, and the parties will be returned to their <br />initial legal positions and rights under the contract in question <br />as if this Agreement had never been executed, including but not <br />limited to Contractor's right to assert that payment has been <br />previously approved and Owner's right to deny same. In such <br />event, neither party may utilize this Agreement in any <br />