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Final Agreement ARTICLE 4 - PAYMENT PROCEDURES 4.01 Method of Payment COUNTY shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 4.02 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. 4.03 Liquidated Damages. In the event CONTRACTOR fails to deliver the specified equipment/materials in accordance with the schedule and/or quantities set forth by the COUNTY's Construction Manager, as necessary, or within such extra time as may have been granted by the COUNTY, the shall be entitled to withhold from any amounts otherwise due Supplier, or to be paid as a debt due,$1500.00 per calendar day of unexcused delay, not as a penalty, but as liquidated damages. The total amount of liquidated damages for delay associated with CONTRACTOR's failure to deliver the specified equipment shall not exceed a cumulative total of $1,000,000.00 or l00% of whichever is less of the total Contract Sum. ARTICLE.r; - INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.oi In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 2