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<br />n <br />U <br /> <br />(I <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />n <br />u <br /> <br />[, <br /> <br />LJ <br /> <br />n <br /> <br />L) <br /> <br />f1 <br /> <br />l.J <br /> <br />n <br />L.J <br /> <br />I' <br /> <br />LJ <br /> <br />n <br /> <br />l......} <br /> <br />(' <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />L) <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />181ST ACTIVE PARK APRIL 10, 20057-22-05 <br /> <br />Work described in the precedinq clauses at the rate in accordance <br />with Paragraph 11.01.C or, if the Contractor's Fee is stated as a <br />fixed sum, then it shall be an amount that bears the same ratio to <br />that fixed-sum fee as the Cost of the Work in the two precedinq <br />clauses' bears to a reasonable estimate of the probable Cost of <br />Work upon completion. <br />d) subtract the aqqreqate of the previous payments made by the <br />Owner; <br />e) subtract the shortfall. if any, indicated by the Contractor in the <br />supportinq records and other evidence as mutually aqreed <br />between the Owner or Enqineer and Contractor to demonstrate <br />expenditures incurred to substantiate prior Applications for <br />Payment. or resultinq from errors subsequently discovered by <br />Owner. or desiqnee; <br />f) subtract the amounts, if any, for which the Architect has withheld <br />or nullified Certificate for Payment in accordance with the <br />provisions of the Contract Documents." <br /> <br />In Paragraph 14.02.8., change the beginning of the sentence~-from "Ten days..." to read~ <br /> <br />-"Forty-five days...". <br /> <br />In Paraqraph 14.02.C.1, insert the followinq: <br /> <br />2. <br /> <br />The Contractor shall promptly pay each subcontractor, upon receipt of <br />payment from the Owner. out of the amount paid to the Contractor on <br />account of such Subcontractor's portion of the Work, the amount to which <br />said Subcontractor is entitled. reflectinq percentaqes actually retained from <br />payments to the Contractor on account of such Subcontractor's portion of the <br />Work. The Contractor shall. by appropriate aqreement with each <br />Subcontractor, require each Subcontractor to make payments to <br />Subsubcontractors. if such Subsubcontractors are permitted by the Contract <br />Documents. to make payments to Subsubcontractors in the same manner. <br />Neither the Owner nor the Enqineer shall have an obliqation to payor see to <br />the payment of money to a Subcontractor, except as provided by law. <br />Payment by Contractor to material suppliers shall be treated in the manner as <br />provided in Paraqraph 14.02.C.2. <br />Except with the Owner's prior approval. payments to Subcontractors shall be <br />subiect to Retainaqe of not less than ten percent (10%). The Owner and the <br />Contractor shall aqree upon a mutuallv acceptable procedure for review and <br />approval of payments and retention for Subcontractors. <br />Upon mutual aqreement by Owner and Contractor, payment in full may be <br />made to those Subcontractors whose Work is fully completed durinq the early <br />staqes of the Proiect. Notwithstandinq Paraqraphs 14.02.A.8 and 14.02.C.5 <br />above. at such times as the Work as set forth in the schedule of values has <br />been 50% completed. and upon mutual aqreement of the Owner and <br />Contractor, no further Retainaqe shall be withheld from proqress payments <br />with respect to such portion of the Work. Agreement as to any such <br />reduction in retained amounts will not constitute a waiver of or otherwise <br />preiudice the Owner's right to subsequently reinstate full retainaqe. as to that <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />SUPPLEMENTARY CONDITIONS <br /> <br />00800-9 <br />