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Fiscal Non -Funding: In the event sufficient budgeted funds are not available for a new fiscal <br /> period, the County shall notify the vendor of such occurrence, and the contract shall terminate on <br /> the last day of the current fiscal period without penalty or expense to the County. <br /> 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, that al 1 <br /> claims for labor and materials employed or used in the construction of said work have been <br /> settled and no legal claim can be filed against the OWNER for such labor and materials . If such <br /> evidence is not furnished to the OWNER, such amounts as may be necessary to meet the <br /> unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract <br /> until the liability shall be fully discharged . <br /> CONDUCT OF THE WORK <br /> All parts and materials to be permanently installed shall be new and of the most suitable grade <br /> for the purpose intended . Equipment shall be modern, in good condition, and of adequate size <br /> and proper type to perform the duty required. <br /> Defective Work And Materials. <br /> All materials furnished or work done , when not in accordance with the intent of these <br /> Specifications , shall be rejected and shall be removed immediately and replaced by <br /> suitable and satisfactory work and materials . Failure to reject any defective work or <br /> materials will not prevent later rejection when such a defect is discovered and shall not <br /> relieve the CONTRACTOR of his obligation to fulfill his contract even though such work <br /> and materials have been previously inspected by the OWNER and accepted ; it shall not <br /> obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time <br /> subsequent from recovering damages from work actually shown to be defective within a <br /> one ( 1 ) year period after the final acceptance . <br /> If the CONTRACTOR fails to remove any defective work or materials , the OWNER shall <br /> have the right to stop work and remedy the cause at the expense of the CONTRACTOR . <br /> If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall <br /> have the right to retain such work and an equitable deduction shall be made in the <br /> Contract price . <br /> Damage to the Work. Until final acceptance of the work by the OWNER, it shall be under the <br /> charge and care of the CONTRACTOR and he shall take every necessary precaution against <br /> injury or damage to the work by the action of the elements, or from any other cause whatsoever. <br /> The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense , damages <br /> to any portion of the work before its completion and acceptance . <br /> Final Cleanup . Before the work is considered complete , al l rubbish and unused material due to , <br /> or connected with, the work must be removed and the premises left in a condition satisfactory to <br /> the OWNER. Al l property, public or private , disturbed or damaged, during the execution of the <br /> work shall be restored to its former condition. Final payment will be withheld until such work is <br /> accomplished . <br /> 6706 - 38666\2/5 /04 Page 11 of 59 VRB <br />