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<br />9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the
<br />Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work foc
<br />which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid
<br />or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after fmal
<br />payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice bas been
<br />given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be
<br />renewable to cover the period required by the Contract Documents, (4) consent of surety, ifany, to final payment and (5), if
<br />required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of
<br />liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated
<br />by the Owner. Ifa Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
<br />satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the
<br />Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all
<br />costs and reasonable attorneys' fees.
<br />
<br />9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the
<br />Contractor or by issuance of Change Orders affecting fmal completion, and the Architect so confums, the Owner shall, upon
<br />application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the
<br />balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or
<br />corrected is less than retainage stipulated in the Contract Documents, and ifbonds have been furnished, the written consent of
<br />surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the
<br />Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions
<br />governing final payment, except that it shall not constitute a waiver of claims.
<br />
<br />9.10.4 The makiRg ae Mal paymeRt shall saRStitute a waiver af Claims by the OVJIler eJf.eept these arisiflg Ram:
<br />
<br />.1 lieRS, Claims, sestuily intefesls ae eesWRheanees arisieg ayt af the CaotFaet aed YRSettled;
<br />
<br />.2 failYre af the Wark te eamply 'with the feEJWemeets af the Casast Daeuments; 9r
<br />
<br />.3 terms ae speeial wanaAties feElUired BY the Camrast Daeuments.
<br />
<br />9.10.5 Acceptance of fmal payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by
<br />that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for
<br />Payment.
<br />
<br />ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br />10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in
<br />connection with the performance of the Contract.
<br />
<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 prevent
<br />damage, injury or loss to:
<br />
<br />.1 employees on the Work and other persons who may be affected thereby;
<br />
<br />.2 the Work and materials and equipment to be incotpOrated therein, whether in storage on or off the site, under care,
<br />custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and
<br />
<br />.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and
<br />utilities not designated for removal, relocation or replacement in the course of construction.
<br />
<br />e AlA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AlA - COPYRIGHT 1997 - THE
<br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying
<br />violates U,S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of thc AlA and can be
<br />reproduced without violation until the date of expiration as notcd below. User Document: weitz 201 city of sunny.aia - 4/312002. AlA license Number 1000746,
<br />which cxpires on 8/3/2002,
<br />
<br />Electronic Format A201-1997
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