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the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is <br /> attributable to the labor, services, or materials supplied by one or more subcontractors <br /> or suppliers, the Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), <br /> CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall <br /> receive immediate written notice of all decisions made by CONTRACTOR to withhold <br /> retainage on any subcontractor at greater than five percent(5%)after fifty percent(50%) <br /> completion; and 2)CONTRACTOR will not seek release from the County as OWNER of the <br /> withheld retainage until the final pay request. <br /> 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as <br /> OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws <br /> and regulations or requirements that are contrary to any provision of the Local Government Prompt <br /> Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant <br /> requirements and guidelines. <br /> 5.04 Acceptance of Final Payment as Release. <br /> A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br /> release to the OWNER from all claims and all liability to the CONTRACTOR other than <br /> claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br /> things done or furnished in connection with the work under this Agreement and for every <br /> act and neglect of the OWNER and others relating to or arising out of the work. Any <br /> payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties <br /> from any obligations under this Agreement, the Invitation to Bid or the Public <br /> Construction Bond. <br /> ARTICLE 6-INDEMNIFICATION <br /> 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from <br /> liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the <br /> extent caused by the negligence, recklessness, or intentional wrongful misconduct of the <br /> CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the <br /> construction contract. <br /> ARTICLE 7-CONTRACTOR'S REPRESENTATIONS <br /> 701 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following <br /> representations: <br /> A. ; CONTRACTOR has examined and carefully studied the Contract Documents and the other related <br /> data identified in the Invitation to Bid documents. <br /> B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, <br /> and Site conditions that may affect cost, progress,and performance of the Work. <br /> C. CONTRACTOR is familiar with and is satisfied as to all federal,state, and local Laws and Regulations <br /> that may affect cost, progress,and performance of the Work. <br /> 3 <br /> 1 <br />