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4.28.1.If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the City, as will establish the City's title to the material and equipment and protect their interest therein, including applicable insurance. The City will within ten (10) days after receipt of each partial payment estimate, either indicate in writing their approval of payment and present the partial payment estimate to the City, or return the partial payment estimate to the Contractor, indicating in writing their reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The City, will within thirty (30) days of presentation to them of any approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The City may retain ten (10) percent of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the City. 4.28.2. The City shall have the right to demand and receive from the Contractor, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to receiving any progress payment, the City may require the Contractor to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Work during the period of time for which the progress payment is due, releasing such lien rights those persons, firms or corporations may have for that period. 4.28.3. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the City prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 4.29. Acceptance of Final Payment as Release: The Acceptance by the Contractor of final payment shall be and shall operate as a release to the City and a waiver of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the Work and for every act and neglect of the City and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor of their sureties from any obligations under the Contract Documents or the Performance Bond. 4.30. Suspension Of Work And Termination: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. For suspensions longer than ninety (90) days, the Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both. 4.31. Work During Inclement Weather: No Work shall be done under these specifications except by permission of the City when the weather is unfit for good and careful Work to be performed. Should the severity of the weather continue, the Contractor upon the direction of the City, shall suspend all Work until instructed to resume operations by the City and the Contract Time pursuant to this section shall be extended to cover the duration of the order. PAGE 21 OF 96 BID No.