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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 <br />4.3! <br />for Payment, for the value of the work completed shall be retained by SHERIFF until the <br />Project is finally complete and accepted by SHERIFF in accordance with Article 5 below. <br />Notwithstanding the forgoing, after fifty percent (50%) of the work has been completed, <br />the PROJECT MANAGER shall reduce the retainage to five percent (5%) of all monies <br />previously earned and all monies earned thereafter, and after ninety percent (90%) of the <br />work has been completed, the PROJECT MANAGER may reduce the retainage to two and <br />one-half percent (2-1/2%) of all monies previously earned and all monies earned thereafter. <br />Any reduction in retainage below five percent (5%) shall be at the sole discretion of the <br />PROJECT MANAGER and CONTRACTOR shall have no entitlement to a reduction. Any <br />interest earned on retainage shall accrue to the benefit of the SHERIFF. <br /> <br />4.4!Withholding Payment for Unsatisfactory Work. Should any defective or unsatisfactory <br />work or material be discovered prior to the final acceptance, or should a reasonable doubt arise <br />prior to the final acceptance as to the integrity of any part of the completed work, payments <br />for such defective or questioned work shall not be allowed until the defect has been remedied <br />and causes for doubt removed. SHERIFF may withhold, in whole or in part, payment to such <br />extent as may be necessary to protect the agency from loss on account of: <br /> <br />4.4.1!Defective work not remedied. <br /> <br />4.4.2!Claims filed or reasonable evidence indicating probable filing of claims <br />by other parties against CONTRACTOR or SHERIFF. <br /> <br />4.4.3!Failure of CONTRACTOR to make payments properly to <br />Subcontractors or for material(s) or labor. <br /> <br />4.4.4!Damage to another contractor not remedied. <br /> <br />4.4.5!Liquidated damages, as described in section 3.4 of this Agreement, and <br />construction administration. <br /> <br />4.4.6! Agreement. <br /> <br />When the above grounds are removed or resolved or CONTRACTOR provides an <br />additional Surety bond or a consent of Surety, satisfactory to SHERIFF, which will protect <br />SHERIFF in the amount withheld, payment will be made in whole or in part. <br /> <br />4.5!Certification of Payments to Others. Before the receipt of any progress payment under the <br />provisions of this Agreement, CONTRACTOR shall certify that it has disbursed to all <br />subcontractors and suppliers having an interest in the Agreement their pro-rata shares of <br />the payment out of the previous progress payments received, for all work completed and <br />materials furnished in the previous period, less any retainage withheld by CONTRACTOR <br />pursuant to an Agreement with a subcontractor as approved by <br /> <br />12 <br /> <br />