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§ 9.9. 3 Unless otherwise agreed upetupon in writing si ng ed by the Owner and the Contractor, partial occupancy or
<br /> use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the
<br /> requirements of the Contract Documents.
<br /> § 9.10 FINAL COMPLETION AND FINAL PAYMENT
<br /> § 9. 10. 1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of
<br /> a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the
<br /> 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 reasonably satisfactory to the Owner ( 1 ) an affidavit that
<br /> payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or
<br /> the Owner' s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or
<br /> otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force
<br /> after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days ' prior
<br /> written notice has been given to the Owner, (3 ) a written statement that the Contractor knows of no substantial
<br /> reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent
<br /> of surety, if any, to final payment and (5 ) , if required by the Owner, other data establishing payment or satisfaction
<br /> of obligations, such as receipts, releases and waivers of liens, claims , security interests or encumbrances arising out
<br /> of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to
<br /> furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to
<br /> indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor
<br /> shall repromptly pay to the Owner all money that the Owner may be compelled to pay in discharging such lien,
<br /> including all costs and reasonable attorneys ' fees .
<br /> payment,§ 9.10.3 if-, af4eE SubstantW Completion of the Work, final completion thereof is materially
<br /> delayed dwough no fault
<br /> r-emaifiting balanee fer- WeEk fiat fully eampleted or- eerr-eeted is less than r-ellainage stipulailead. in the Centr
<br /> Doeuments , and if bonds have been fufnished, the written consent of surety to payment of the balanee due for that
<br /> peftion of the WeEk fidily eampleted and aeeepted shall be submitted by the Contfaetar- to the Arehiteet prior- to
<br /> 6eFtifieatieff ef SU6h pa)tffleflt. Sueh payment shall be ffiad.e undef terms and eanditions geNreEning final
<br /> except that is Sh .all not e-onstitute a waiver of claims .
<br /> 49, 103
<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 €Fear
<br /> A liens, Claims, seeer-ity interests or eneum-branees arising Alit Af thp C-01#r-
<br /> ;
<br /> -2 €ailurp of the Work to comply with the r-equ;iemeets of theGontrast Beeuments ; er
<br /> ut of this Work. Any
<br /> ��'yment, however, final or otherwise, shall not release the Contractor or his sureties from any obligations
<br /> under the Contract Documents or the Payment and Performance Bonds . exeset those Claims b;y
<br /> § 9. 10.5 Acceptance of final payment by the Contractor, a Subcontraetor Subcontractor, Sub-subcontractor, and
<br /> eguinment 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 /> AIA Document A201 T" — 1997. Copyright © 1911 , 1915, 1918, 1925, 19372 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA" Document is protected by U.S. Copyright Law and International Treaties.
<br /> $2
<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 17: 14:54 on 05/25/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (3418817618)
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