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1 . 10 Liens : Before the final acceptance of the work and payment by the OWNER, the <br /> CONTRACTOR shall furnish to the OWNER proper satisfactory evidence , under oath, <br /> that al 1 claims for labor and materials employed or used in the construction of said work <br /> have been settled and no legal claim can be filed against the OWNER for such labor and <br /> materials . If such evidence is not furnished to the OWNER, such amounts as may be <br /> necessary to meet the unsatisfied claims may be retained from moneys due to the <br /> CONTRACTOR under this contract until the liability shall be fully discharged . <br /> 2 . 0 CONDUCT OF THE WORK <br /> 2 . 1 Al I parts and materials to be permanently installed shall be new and of the most <br /> suitable grade for the purpose intended . Equipment shall be modern, in good condition, <br /> and of adequate size and proper type to perform the duty required . <br /> 2 . 2 Defective Work And Materials. <br /> 2 .2 . 1, All materials furriislied or work done, when not in accordance with the intent <br /> of these Specifications, shad be rejected end shall be. removed immediately and replaced <br /> by -suitable and satisfactory work and ixiaterials: Failure ;to reject any, defective work or: <br /> materials will not prevent tater rejection.When such a defect is disceaered and shall not <br /> relieve the , CONTRACTOR ; of his obligaticin to fulfill, his , contract even though such <br /> _work: and materials have; been pr iously inspected by the. OWNER and accepted, it <br /> shall not obligate the OWNER to final ccepta - nor shad it'preverit the ' OWNER in any; <br /> tune subsequent from recovering ; damages 50,om work actually shown to be defective . <br /> withiri a cine ( l ) year period aft ithe ;final acceptance b the owner of CONTRACTOWS <br /> work. All equipment not manufadtured:by CONTRACTOR carries only such, warranty as <br /> given by the manufacturer ; there6 arid ,which ;is hereby issignecl- :to the: OWNER without <br /> recourse to CONTRACTOR. f <br /> 2 . 2 . 2 If the CONTRACTOR fails to remove any defective work or materials, the <br /> OWNER shall have the right to stop work and remedy the cause at the <br /> expense of the CONTRACTOR. <br /> 2 . 2 . 3 If the OWNER deems it expedient to accept minor imperfect work, the <br /> OWNER shall have the right to retain such work and an equitable deduction shall be <br /> made in the Contract price . <br /> 2.3 Damage_ to the Work. Until final acceptance of the work by the OWNER, it shall be <br /> under the charge and care of the CON "RAC 'O and < he : shall talo every necessary; <br /> precaution against injury or damage to the�ywork by the action of the elements, or from. <br /> any ether cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make' <br /> good, at his own expense, damages to 3' pbrtz' of the work before its completion and <br /> acceptance but only to the extent suehdamages arocatiaed directly by CONTRACTOR, <br /> its employees, ' agents or subcontractors. <br /> 2 .4 Final Cleanup . Before the work is considered complete, all rubbish and unused <br /> material due to , or connected with, the work must be removed and the premises left in a <br /> condition satisfactory to the OWNER. Al property, public or private, disturbed or <br /> damaged, during the execution of the work shall be restored to its former condition . <br /> Final payment will be withheld until such work is accomplished . <br />