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subject to federal grantor laws and regulations or requirements that are contrary to any <br /> provision of the Local Government Prompt Payment Act. In such event, payment and <br /> retainage provisions shall be governed by the applicable grant requirements and <br /> guidelines. <br /> 6 .05 Acceptance of Final Payment as Release. <br /> A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as <br /> a release to the OWNER from all claims and all liability to the CONTRACTOR <br /> other than claims in stated amounts as may be specifically excepted by the <br /> CONTRACTOR for all things done or furnished in connection with the work under <br /> this Contract and for every act and neglect of the OWNER and others relating to or <br /> arising out of the work. Any payment, however, final or otherwise , shall not release <br /> the CONTRACTOR or its sureties from any obligations under the Contract <br /> Documents or the Payment and Performance Bonds. <br /> ARTICLE 7 - INDEMNIFICATION <br /> 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER , and others in accordance with <br /> paragraph 6.20 ( Indemnification) of the General Conditions to the Construction Contract. <br /> ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS <br /> 8 .01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the <br /> following representations: <br /> A. CONTRACTOR has examined and carefully studied the Contract Documents and the other <br /> related data identified in the Bidding Documents . <br /> B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the <br /> general , local, and Site conditions that may affect cost, progress, and performance of the <br /> Work. <br /> C. CONTRACTOR is familiar with and is satisfied as to all federal , state, and local Laws and <br /> Regulations that may affect cost, progress, and performance of the Work. <br /> D. CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface <br /> conditions at or contiguous to the Site and all drawings of physical conditions in or relating to <br /> existing surface or subsurface structures at or contiguous to the Site (except Underground <br /> Facilities) which have been identified in the Supplementary Conditions as provided in <br /> paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous <br /> Environmental Condition , if any, at the Site which have been identified in the Supplementary <br /> Conditions as provided in paragraph 4 .06 of the General Conditions. <br /> E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having <br /> done so) all additional or supplementary examinations, investigations, explorations, tests, <br /> studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at <br /> or contiguous to the Site which may affect cost, progress, or performance of the Work or <br /> which relate to any aspect of the means, methods, techniques, sequences, and procedures <br /> of construction to be employed by CONTRACTOR, including applying the specific means , <br /> methods, techniques , sequences, and procedures of construction , if any, expressly required <br /> by the Contract Documents to be employed by CONTRACTOR, and safety precautions and <br /> programs incident thereto <br /> 00520 - Agreement (Public Works).doc <br /> 00520 - 5 <br /> C\Documents and SettingsVn=1aughlin\Local Servings\Temporary Internet Files\OLKMO520 - Agreement (Public Works).dm <br />