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exercise the rights and remedies under this Documents . If payment is requested on the paragraph . basis of materials and equipment not incorporated in the Work but delivered and C . All Claims , costs , losses , and damages suitably stored at the Site or at another location ( including but not limited to all fees and charges of agreed to in writing , the Application for Payment engineers , architects , attorneys , and other shall also be accompanied by a bill of sale , ' professionals and all court or arbitration or other invoice , or other documentation warranting that dispute resolution costs ) incurred or sustained by OWNER has received the materials and equip- OWNER in exercising the rights and remedies under ment free and clear of all Liens and evidence this paragraph 13 . 09 will be charged against CON - that the materials and equipment are covered TRACTOR, and a Change Order will be issued by appropriate property insurance or other incorporating the necessary revisions in the Contract arrangements to protect OWNER's interest Documents with respect to the Work; and OWNER therein , all of which must be satisfactory to ' shall be entitled to an appropriate decrease in the OWNER . Contract Price . If the parties are unable to agree as to the amount of the adjustment, OWNER may make a 2 . Beginning with the second Claim therefor as provided in paragraph 10 .05 . Such Application for Payment, each Application shall claims , costs , losses and damages will include but not include an affidavit of CONTRACTOR stating be limited to all costs of repair, or replacement of work that all previous progress payments received of others destroyed or damaged by correction , on account of the Work have been applied on ' removal , or replacement of CONTRACTOR's account to discharge CONTRACTOR's defective Work , legitimate obligations associated with prior Applications for Payment. ' D . CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) 3 . The amount of retainage with respect because of any delay in the performance of the Work to progress payments will be as stipulated in attributable to the exercise by OWNER of OWNER's the Agreement. rights and remedies under this paragraph 13 . 09 . B . Review of Applications ARTICLE 14 - PAYMENTS TO CONTRACTOR AND 1 . ENGINEER will , within 10 days after COMPLETION receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to ' 14 . 01 Schedule of Values OWNER or return the Application to CONTRACTOR indicating in writing A. The schedule of values established as provid- ENGINEER's reasons for refusing to ed in paragraph 2 . 07 .A will serve as the basis for recommend payment. In the latter case, CON- progress payments and will be incorporated into a TRACTOR may make the necessary form of Application for Payment acceptable to ENGI- corrections and resubmit the Application . NEER. Progress payments on account of Unit Price Work will be based on the number of units completed . 2 . ENGINEER's recommendation of any payment requested in an Application for 14 . 02 Progress Payments Payment will constitute a representation by ' ENGINEER to OWNER, based on A. Applications for Payments ENGINEER's observations on the Site of the executed Work as an experienced and qualified 1 . At least 20 days before the date design professional and on ENGINEER's ' established for each progress payment (but not review of the Application for Payment and the more often than once a month ), accompanying data and schedules , that to the CONTRACTOR shall submit to ENGINEER for best of ENGINEER's knowledge , information review an Application for Payment filled out and and belief: ' signed by CONTRACTOR covering the Work completed as of the date of the Application and a . the Work has progressed to the point accompanied by such supporting indicated ; documentation as is required by the Contract 00700-40 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions . doc