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Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the
<br />applicable grant requirements and guidelines.
<br />5.04 AcceptoncenfF/no/PoyorentosReAeose.
<br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
<br />release tothe OWNER from all claims and all liability to the CONTRACTOR other than
<br />claims instated amounts as may bespecifically excepted bythe CONTRACTOR for all
<br />things done or furnished in connection with the work under this Agreement and for
<br />every act and neglect of the OWNER and others relating to or arising out of the work.
<br />Any payment, however, final or otherwise, shall not release the CONTRACTOR or its
<br />sureties from any obligations under this Agreement or the Request for Proposals.
<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 attorneys fees, to
<br />the 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 />Work.
<br />ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
<br />7.81 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
<br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
<br />data identified in the Request for Proposal 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 ofthe 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 />O. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
<br />additional orsupplementary examinations, investigations, explorations, tests, studies, and data
<br />concerning conditions (surface, subsurface, and Underground Facilities) atorcontiguous tothe
<br />Site which may affect cost, progress, or performance of the Work or which relate to any aspect of
<br />the means, methods, techniques, sequences, and procedures of construction to be employed by
<br />CONTRACTOR, including applying the specific means, methods, techniques' sequences, and
<br />procedures of construction, if any, expressly required by the Contract Documents to be employed
<br />bvCONTRACTOR, and safety precautions and programs incident thereto.
<br />E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests
<br />studies, or data are necessary for the performance of the Work at the Contract Price, within the
<br />Contract Times, and in accordance with the other terms and conditions of the Contract
<br />Documents.
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