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Van Fleet Water Production Facility Improvements BVP 13-196 16.8.1 After the Contractor has completed all such corrections to the satisfaction of the Professional and the County and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 6.2, certificates of inspection, marked-up record documents and other documents, the Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required; and (ii) consent of the surety to final payment. 16.8.2 No application for final payment will be accepted by the County until all required documentation by the Contractor has been accepted and approved by the Professional and the County. 16.8.3 Notwithstanding any other provision of these contract documents to the contrary,the County and the Professional are under no duty or obligation whatsoever to any vendor, material provider, subcontractor, laborer or other party to ensure that payments due and owing by the Contractor to any of them are or will be made. Such parties shall rely only on the Contractor's surety bonds for remedy of nonpayment by the Contractor. The Contractor agrees to defend and resolve all claims made by subcontractors, indemnifying the County and the Professional for all claims arising from or resulting from subcontractor, supplier, material men or laborer services in connection with this Project. 16.8.4 The Contractor will indemnify the County and Professional for any damages sustained including lost revenues resulting from the Contractor's failure or refusal to perform the work required by these contract documents. I 16.9 Final Payment and Acceptance 16.9.1 If, on the basis of the Professional's observation of the Work during construction and final inspection, and the Professional's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the Professional is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Professional will, after receipt of the final Application for Payment, indicate in writing the Professional's recommendation of payment and present the Application to the County for payment. At the same time, the Professional will also give written notice to the County and the Contractor that the Work is acceptable subject to the provision of 16.10. Otherwise, the Professional will return the application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After the presentation to the County of the application and accompanying documentation, in appropriate form and substance and with the Professional's recommendation and notice of acceptability, the amount recommended by the Professional will become due and will be paid by the County to the Contractor. 16.9.2 If,through no fault of the Contractor, final completion of the Work is significantly delayed and if the Professional so confirms, the County shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Professional, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the County for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 6, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Professional with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 87