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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 <br />Cspxbse!Tifsjgg(t!PggjdfCje!2:142NGX <br />construction schedule such that the discrepancy is resolved to the satisfaction of the <br />PROJECT MANAGER. <br />4.3 <br />Payment, for the value of the workcompleted shall be retained by SHERIFF until the Project is <br />finally complete and accepted by SHERIFF in accordance with Article 5 below. Notwithstanding <br />the forgoing, after fifty percent (50%) of the work has been completed, the PROJECT <br />MANAGER shall reduce the retainage to five percent (5%) of all monies previously earned and <br />all monies earned thereafter, and after ninety percent (90%) of the work has been completed, the <br />PROJECT MANAGER may reduce the retainage to two and one-half percent (2-1/2%) of all <br />monies previously earned and all monies earned thereafter. Any reduction in retainage below five <br />percent (5%) shall be at the sole discretion of the PROJECT MANAGER and CONTRACTOR <br />shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the <br />benefit of theSHERIFF. <br />4.4Withholding Payment for Unsatisfactory Work.Should any defective or unsatisfactory work or material <br />be discovered prior to the final acceptance, or should a reasonable doubt arise prior to the final acceptance <br />as to the integrity of any part of the completed work, payments for such defective or questioned work shall <br />not be allowed until the defect has been remedied and causes for doubt removed. SHERIFF may <br />withhold, in whole or in part, payment to such extent as may benecessary <br />to protect the agency from loss on account of: <br />4.4.1Defective work notremedied. <br />4.4.2Claims filed or reasonable evidence indicating probable filing of claims by <br />other parties against CONTRACTOR orSHERIFF. <br />4.4.3Failure of CONTRACTOR to make payments properly to Subcontractors or for <br />material(s) orlabor. <br />4.4.4Damage to another contractor notremedied. <br />4.4.5Liquidated damages, as described in section 3.4 of this Agreement, and costs <br />CONSULTANT for extended construction <br />administration. <br />4.4.6Agreement. <br />When the above grounds are removed or resolved or CONTRACTOR provides an additional <br />Surety bond or a consent of Surety, satisfactory to SHERIFF, which will protect SHERIFF in the <br />amount withheld, payment will be made in whole or in part. <br />4.5Certification of Payments to Others.Before the receipt of any progress payment under the provisions of <br />this Agreement, CONTRACTOR shall certifythat it has disbursed to all subcontractors and suppliers <br />having an interest in the Agreement their pro-rata shares of the payment out of the previous progress <br />payments received, for all work completed and materials furnished in the previous period, less any <br />retainage withheld by CONTRACTOR pursuant to an Agreementwith <br />a subcontractor as approved by SHERIFF for payment. SHERIFF shall not make any progress <br />payment before receipt of such certification, unless CONTRACTOR demonstrates good cause <br />80370312:!22;67!BNq/!93 <br /> <br />