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Payment Act. In such event payment and retains r
<br /> Y , p Y 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 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 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 /> Work.
<br /> ARTICLE 7-CONTRACTOR'S REPRESENTATIONS
<br /> 7.01 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 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 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 /> D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
<br /> additional or supplementary examinations, investigations, explorations, tests, studies, and data
<br /> concerning conditions(surface,subsurface,and Underground Facilities) at or contiguous to the Site
<br /> which may affect cost, progress, or performance of the Work or which relate to any aspect of the
<br /> 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 /> by CONTRACTOR, 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 Documents.
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