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Prompt Payment Act In such event, payment and retainage provisions shall be governed <br />applicable grant requirements and guidelines <br />5.04 Acceptance of Final Payment as Reieose <br />A The acceptance by the CONTRACTOR of final payment shalt 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 <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 arid costs, including, but not limited to. reasonable attorney's 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 />7,01 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 <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 />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 Pace. within the <br />Contract Times, and in accordance with the other terms and conditions of the Contract <br />Documents <br />Page 3 of 7 <br />P205 <br />