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§ 9. 3. 1 . 1 As provided in Section 7 . 3 . 8 , such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives , or by interim determinations of the Architect, but not yet included in Change Orders . § 9.3 . 1 .2 Such applications wta-y-shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by the Contractor or by others whom the Contractor intends to promptly pay . The Contractor shall make the following certification (Affidavit) on each Request for Payment: "I hereby certify that 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, material, men and suppliers except as listed below : " § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in writing in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing . Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner' s title to such materials and equipment or otherwise protect the Owner' s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site . § 9.3 .3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor ' s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers , or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4. 1 The Architect will, within seven days after receipt of the Contractor' s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect ' s reasons for withholding certification in whole or in part as provided in Section 9 . 5 . 1 . § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect' s evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect' s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents . The foregoing representations are subject to an evaluation of the Work fer- eenfer-manee with the Gentr-aet Deeunients upon Substantial Gemplefien, te results e subsequent tests and inspeeldew�, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified . However, the issuance of a Certificate for Payment will not be a representation that the Architect has ( 1 ) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means , methods, techniques , sequences or procedures, (3 ) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor' s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9 .5 DECISIONS TO WITHHOLD CERTIFICATION § 9 .5. 1 The Architect 1tay-wi11 withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect' s opinion the representations to the Owner required by Section 9 . 4 .2 cannot be made . If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9 .4 . 1 . If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the ameent amount, if any, for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect' s opinion to protect the Owner from AIA Document A201 TM — 1997. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIA* Document is protected by U.S. Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIO Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50 :06 on 08/10/2005 under Order No. 1 0001 92296_1 which expires on 8/8/2006, and is not for resale. User Notes: (726890250)