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do w 40 Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for the value of work completed and component material on site will be made upon request at not less than monthly intervals. The request must be made through the Engineer on an approved estimate showing the component breakdown of the work totaling the awarded Contract price and the amount of work for each item completed at the time of the request. Except as may be modified herein, ten percent (10%) of all amounts earned will be retained by the County until final completion and acceptance of the Contract. Contractor shall allow adequate processing time for County Commission final acceptance and approval for final payment. Article 5. ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Coastal Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Before issuance of a final certificate, the contractor shall submit evidence satisfactory to the County Coastal Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Coastal Engineer stating that all indebtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contracting firm, will bear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the subcon- tracting firm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and still unsettled. Article 6. INDEMNIFICATION: Subject to the monetary imitations in Article 5.3 ofthe General Conditions, the Contractor, upon his part agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor in performing his obligations under this Contract. The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. AGREEMENT 2of3