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a Final Release of Lien in the form set forth in Section 713.20, Florida Statutes. Invoices must <br />reference the contract number assigned hereto. <br />5.3 Withheld Payment <br />5.3.1. The City may decline to make payment, may withhold funds, and, if necessary, may <br />demand the return of some or all of the amounts previously paid to the Contractor, to protect the <br />City from loss because of: <br />(a) defective Work not remedied by the Contractor nor, in the opinion of the <br />City, likely to be remedied by the Contractor; <br />(b) claims of third parties against the City or the City's property, unless the <br />surety provides the City a written consent regarding the payment(s) in <br />question; <br />(c) failure by the Contractor to pay Subcontractors or others in a prompt and <br />proper fashion. The City may ask the surety for a written consent <br />regarding the payment(s) in question. However, notwithstanding the <br />foregoing, and provisions of Section 255.05 (11), Florida Statutes, the <br />parties hereby agree that the City may condition its payment to the <br />Contractor on the production of a release, waiver, or like documentation <br />from a Subcontractor or others demonstrating that the Subcontractor or <br />others do not have an outstanding claim for payments due on labor, <br />services or materials furnished under the Contract. In the event the City <br />requires such documentation, the provisions of the Local Government <br />Prompt Payment Act (Sections 218.70 through 218.79) shall be suspended <br />until such time as the City obtains the requested documentation; <br />(d) evidence that the balance of the Work cannot be completed in accordance <br />with the Contract for the unpaid balance of the Contract price; <br />(e) evidence that the Work will not be completed in the time required for <br />substantial or final completion; <br />(f) persistent failure to carry out the Work in accordance with the Contract; <br />(g) damage to the City or a third party to whom the City is, or may be, liable. <br />In the event that the City makes written demand upon the Contractor for amounts previously paid <br />by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such <br />demand within ten (10) days of receipt of same. <br />Page 9 of 44 <br />