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�1 <br />u <br />is <br />E I <br />l <br />11�1] <br />0 <br />1�i�] <br />f) subtract the amounts, if any, for which the Architect has <br />withheld or nullified Certificate for Payment in accordance with <br />the provisions of the Contract Documents." <br />In Paragraph 14.02.B., change the beginning of the sentence: from "Ten days..." to read: <br />"Forty -five days... ... <br />In Paragraph 14.02.C.1, insert the following: <br />2. 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 <br />which said Subcontractor is entitled, reflecting percentages actually <br />retained from payments to the Contractor on account of such <br />Subcontractor's portion of the Work. The Contractor shall, by <br />appropriate agreement with each Subcontractor, require each <br />Subcontractor to make payments to Subsubcontractors, if such <br />Subsubcontractors are permitted by the Contract Documents, to make <br />payments to Subsubcontractors in the same manner. <br />3. Neither the Owner nor the Engineer shall have an obligation to pay or see <br />to the payment of money to a Subcontractor, except as provided by law. <br />4. Payment by Contractor to material suppliers shall be treated in the <br />manner as provided in Paragraph 14.02.C.2. <br />5. Except with the Owner's prior approval, payments to Subcontractors <br />shall be subject to Retainage of not less than ten percent (10 %). The <br />Owner and the Contractor shall agree upon a mutually acceptable <br />procedure for review and approval of payments and retention for <br />Subcontractors. <br />6. Upon mutual agreement by Owner and Contractor, payment in full may <br />be made to those Subcontractors whose Work is fully completed during <br />the early stages of the Project. Notwithstanding Paragraphs 14.02.A.8 <br />and 14.02.C.5 above, at such times as the Work as set forth in the <br />schedule of values has been 50% completed, and upon mutual <br />agreement of the Owner and Contractor, no further Retainage shall be <br />withheld from progress payments with respect to such portion of the <br />Work. Agreement as to any such reduction in retained amounts will not <br />constitute a waiver of or otherwise prejudice the Owner's right to <br />subsequently reinstate full retainage, as to that subcontractor, should <br />circumstances justify such action in the Owner's sole judgment. <br />7. Upon Substantial Completion of the entire Work of the Contractor, a <br />sum, sufficient to increase payments to the Contractor to one hundred <br />percent (100 %) of the Contract Sum, less amounts, if any for incomplete <br />Work and unsettled claims, shall be paid to Contractor with the next <br />sequential payment application after Substantial Completion is obtained. <br />Delete Paragraph 14.05 and replace with the following: <br />March 2007 00800 -10 <br />03-4122.D <br />j <br />