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r then finaily completed, that the Contractor has verified by his signature that he has completed all items specified, and that this Agreement has been finally performed. However, if there should remain work to be completed, the Contractor and the Architect -Engineer shall list those items prior to receiving Final Payment, and the Owner may retain a sum equal to 200% of the estimated cost of completing any unfinished work and portion of the Contractor's retainment, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately. Thereafter, Owner shall pay to Contractor, monthly, the amount retained for each incomplete item after each of said items is completed. 12.3 Payments to Subcontractors The Contractor shall promptly, within ten (10) days after receipt of payment from the Owner, pay all the amount due subcontractors less a retainment often percent (10%) until the Project is fifty percent (50%) complete, and based on Contractor's evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in retainment from 10% to 5% thereafter. If there should remain items to be completed, the Contractor and Architect -Engineer shall list those items required for completion, and the Contractor shall require the retainment of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimate cost of completing any unfinished items likewise listed separately. Thereafter, the Contractor shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainment, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as -built markups have been submitted, and instruction for the Owner's operating and maintenance personnel is complete. Final Payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner. 12.4 Delayed Payments by Owner If the Owner should fail to pay the Contractor within thirty (30) days after the receipt of an approvable payment request from the Contractor, then the Contractor may, upon seven (7) additional days written notice to the Owner and the Architect -Engineer, stop the Project until payment of the amount owing has been received. 12.5 WithholdingPayments to Subcontractors The Contractor shall not withhold payments to subcontractors if such payments have been made to the Contractor. Should this occur for any reason, the Contractor shall immediately return such monies to the Owners, adjusting pay requests and project bookkeeping as required. [ILA] 13.2 ARTICLE 13 INSURANCE AND INDEMNITY (1) The Contractor agrees to indemnify and hold the Owner and Architect -Engineer harmless from all claims for bodily injury and property damage (other than the work itself and other property insured under paragraph 13.2(3)) that may arise from the Contractor's operations under this Agreement. (2) The Owner shall cause any other Contractor who may have a contract with the Owner to perform construction or installation work in the area where work will be performed under this Agreement, to agree to indemnify the Owner and the Contractor and hold them harmless from all claims for bodily injury and property damage (other than property insured under Paragraph 13.2(3)) that may arise from the Contractor's operations. Such provisions shall be in a form satisfactory to the Contractor. (1) The Contractor shall not commence any construction work in connection with this Agreement until he has obtained all of the following types of insurance and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. (2) Worker's Comcensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation insurance for all his employees connected with the work of this Project, and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation