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' CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the ' labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers ' except as listed below; (2 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4 ) If this Periodic Estimate is ' for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and ' Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated ' ( CONTRACTOR ) By : ' State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : ' NOTICE OF NON-PAYMENT. If one or more "Notice of Non -Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non - payments) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with ' consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner. " CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE) : I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial ' Payment ; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE 0399-00622 - Contractors Application for Payment.doc ' 00622 - 2 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00622 - Contractor's Application for Payment.doc Rev. 05/01