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<br />Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
<br />will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information
<br />and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in
<br />accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
<br />Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
<br />constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being
<br />entitled to final payment have been fulfilled.
<br />i
<br />§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
<br />to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
<br />with the Work for which the Owner or the Owner's property might be responsible or encumbered. (lessamounts
<br />withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
<br />Contract Documents to remain in force after final payment is currently in effect and will not be: canceled or allowed
<br />to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the
<br />Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by
<br />the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data
<br />establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
<br />interests or encumbrances arising out of the Contract, to the extent and in such form as may be' designated by the
<br />Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the`Contractor may fdrnish a
<br />.bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfiedafter
<br />payments are made, the Contractor shall refund to the Owner all money that the Owner may be;:compelled to pay in
<br />discharging such lien, including all costs and reasonable attorneys' fees.
<br />§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
<br />of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
<br />Owner shall, upon application by the Contractor and certification by the Architect, and without terminating thea.,
<br />Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the`'
<br />remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract, _
<br />Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for ;hat
<br />portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior td
<br />certification of such payment. Such payment shall be made under terms and conditions governing final payment,
<br />except that it shall not constitute a waiver of claims.
<br />§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br />.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents; or:
<br />.3 terms of special warranties required by the Contract Documents.
<br />§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a‘waiver
<br />of claims by that payee except those previously made in writing and identified by that payee as unsettled at the .tiine
<br />of final Application for Payment.
<br />ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br />The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions andprograms -
<br />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 />.1 employees on the Work and other persons who may be affected thereby; ;'
<br />.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
<br />site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -
<br />subcontractors; and
<br />.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, -
<br />roadways, structures and utilities not designated for removal, relocation or replacement-in,the.course_
<br />of construction.
<br />AIA Document A2019` - 2007. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIA5 Document is protected by U.S. Copyright Law and International
<br />Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
<br />penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:05:44 on
<br />08/20/2009 under Order No.37269892921 which expires on 05/28/2010, and is not for resale.
<br />User Notes: (926118731)
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