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Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue
<br /> a final Certificate for Payment stating that to the best of the Architect ' s knowledge, information and belief, and on
<br /> the basis of the Architect ' s on-site visits and inspections, the Work has been completed in accordance with terms
<br /> and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in
<br /> the final Certificate is due and payable. The Architect ' s final Certificate for Payment will constitute a further
<br /> representation that conditions listed in Section 9 . 10 .2 as precedent to the Contractor' s being entitled to final payment
<br /> have been fulfilled .
<br /> § 9 . 10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
<br /> to the Architect and the Owner, in form and substance satisfactory to the Owner ( 1 ) an affidavit that payrolls , bills
<br /> for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner ' s
<br /> property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise
<br /> satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in farce after final
<br /> payment is currently in effect and will not be canceled or allowed to expire until at least 30 days ' prior written notice
<br /> has been given to the Owner, (3 ) a written statement that the Contractor knows of no substantial reason that the
<br /> insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if
<br /> any, to final payment and (5 ) , if required by the Owner, other data establishing payment or satisfaction of
<br /> obligations, such as receipts , releases and waivers of liens , claims , security interests or encumbrances arising out of
<br /> the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish
<br /> a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify
<br /> the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund
<br /> promptly pay to the Owner all money that the Owner may be compelled to pay in discharging such lien, including
<br /> all costs and reasonable attorneys ' fees .
<br /> § 9.10.3 , after Substantial Completion of the Work, final eemplefien theffeef is mater-ially delayed through no fault
<br /> payment,Ceatfaet, make payment of the balanee due for- that partionef the Wef-k fully eempleted and
<br /> aeeepted . if the
<br /> remaining balance for- Work not f�jlly completed of corrected is less than retainage stipulated in the Gentr
<br /> Deetiments, and if bands have been fumished, the %rr-ittea eensent of surety to payment of the balanee due for- that
<br /> eerfifieation of such payment. Sueh payment Lashall hhe made under- tef!ms and conditions gaveming final
<br /> exeept that it shall not .. notit„ te awaiver- of
<br /> § 9.10.4 The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner from
<br /> all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by
<br /> the Contractor for all things done or furnished in connection with this Work and for every act and neglect of the
<br /> Owner and others relating to or arising €ren-
<br /> _2gE2fA!1g 04
<br /> unselitwaivep4ediout of this Work. Any payment, however, final or otherwise, shall not release the Cogtractor or his
<br /> sureties from any obligations under the Contract Documents or the Payment and Performance Bonds .eept�hese
<br /> 7 1 F 7 L 1 with r F tE
<br /> a f�3rai�0rt�32�^viartA-C-6liipr'j-�'r'iccr-t�zcgciiiv=nvinS-0rt�i8 �c6ncraEtDAEkH;•32ntS-0i
<br /> ter-ms of speeia ntles requiredbythe Ceget Doe-uments.
<br /> § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor Subcontractor, Sub-subcontractor, and
<br /> equipment or material supplier shall constitute a waiver of claims by that payee except those previously made in
<br /> writing and identified by that payee as unsettled at the time of final Application for Payment.
<br /> ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br /> § 10. 1 SAFETY PRECAUTIONS AND PROGRAMS
<br /> § 10.1 . 1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
<br /> programs in connection with the performance of the Contract.
<br /> § 10.2 SAFETY OF PERSONS AND PROPERTY
<br /> § 10.2. 1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
<br /> prevent damage, injury or loss to :
<br /> AIA Document A201 TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976 , 1987 and 11997 by
<br />The American
<br /> Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and international Treaties. 32
<br /> Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result In severe civil and criminal penalties, and will
<br /> be
<br /> 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
<br /> No. 1000192296_1 which expires on 8/8/2006, and is not for resale.
<br /> User Notes : (726890250)
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