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t# i prpvidcd in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Paymcnt, that the Work has progressed to the point indicated and that, to the best of (lie Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract documents. The foregoing representations are subject to an evltluMien-of-the-Work-for ©ogeirr flim -with -the -Cott and 4)tiouments -upon SubsHtntial-Completion, Flo-results-af-subsequent 4ests-a►nd -inspections; 40 correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount cerliIIed. However, the issuance of a Certificate for Payment will not W a representation that the Architect has (l) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods. techniques, sequences or procedures, (3) revic%ved copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.6 DECISIONS TO WITHHOLD CERTIFICATION 9,5.1 The Architect ►till fatty withhold a Ccrtifteate for payment in whole or in part, to the extent reasonably necessary to protect the Chvner, if in the Architect's opinion the rcprescntalions to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application. the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount, tf any. for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part or a Certificate for Payment previously issued, to such extent as truly be necessary in the Architect's opinion to protect the Chvner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .1 defective Work not remedied: .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Sut:=ntractors or for labor• materials or cquipmcni; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of like Contract Sum-. .6 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time. and that the unpaid balance would not be adequate to cover actual or liquidated danutges for the anticipated delay. or .7 persistent failure to carry out the Work in accordance With the Contract Documents. 9.6.2 When the above reasons for withholding certification are removed, certification will be made ror amounts Previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the mmnner and within the time provided in the Contract LN)CURlent.S, and shall so notify the Architect, 9.6,2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the (-Avner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually rclahtcd from payments to the Contractor on account of such Subcontractor's portion of AIA D)Ci1MEKF A2n l d1F,NF.R Al, C()NDITIONS t1F-n W, Ct 1NTR AC -r Ft IR CONS rRt IC'11t )N • I P771 Isf 11a 1N - +11A - CY 1PY klttF CC l"7 - n lF. A W RiCAN INS-rMYrF OF A.RC11171WIS, 1715 WN YORK AVENUE, N.W., WASnIIvGTON. P.C. V*06-5242. WARNING: UnFimivil phutw ip}otg nulalea UX oup)ri& lima and will aubjoA tom violator to h%at pluuwtinn. 'chi% aowtnutt war 001JI-11"11y peodu +sl with p�im. of -the AIA and uin la mr"Qnwl 5wMwA violatk6 uilia dw dmv or+ag "int want beim. EIctronic I,onnal A211+ I997 User Document: Vf R() -- 711112(0), AIA License Number 10461H), which expires oil 1161200 -- Page 1129