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' Construction Contract
<br /> GENERAL CONDITIONS
<br /> � 6) Failw+e to comply with any Change Directive issued by the Owner under Paragcaph 19.
<br /> 7) Damage to the property of the Owner or another contractor.
<br /> ' 8) In the Owner's opinion,failure,refusal or neglect in supplying sufl5aient labor,material or supervision in the pmsecution of the
<br /> Work.
<br /> 9) Failure to meet the requirements for Applicadon for Payment contained in Paragraph 33.
<br /> ' 10) Failure to submit the Conscruction Progess Schedule.
<br /> 11) Failure to comply with the Consm�ction Progress Schedule.
<br /> � 12) Failure to respond to a request for a Change of Contract proposal as required by Paragaph 19 hereaf.
<br /> 13) Failure to provide sii submittals within the required time frame.
<br /> � 14) Failure to submit Constmction Progress Reports as required
<br /> B. When the aforementioned bases for withholding paymeat are removed,payment shatl be made for amounts withheId.
<br /> ' 36. CONTRACf SUM,DISBURSEMENTS AND PAYMENTS
<br /> A. The Contract Sum is set forlh in the Contract. It is intended to include all Work descdbed in the Contract Documents and a!(increases in costs
<br /> thereo�whether foreseen or urrforeseen,including without(imiting the generality of ihe foregoing,taxes,labor and materials,a11 of which shali be bome by the
<br /> ' Coniractor.
<br /> B. Should the Contractor neglect or refuse to pay any bill,invoice,or any other obligation to a Subcontractor or Supplier,incurrr.d by him for
<br /> the Project,the Owner,aftcr giving the Contractor and his surety,if any,Uuee(3)days'written notice of its intention so to do,shall have the righi to pay and dischazge
<br /> , the aforementioned biU,invoice or obligation&om any payments due or to become due the Contractor. My such payment made pursuant to this Subpazagraph by
<br /> the Owner shall be considered ss a payment to the Contractor and shall be credited against the amounts due the Contractor hereunder.
<br /> ' G. Arry and all funds paid to the Cont�actor pursuant to this Coniract are hereby deciared to wnstituie trust funds in the hands ofthe ConUactor,
<br /> to be applied first to the payment of claims of Subcontractors,laborers,and Suppliers arising out of the Work,w claims for utilities fumished and taxes imposed,
<br /> and to the payment of premiwns on surcty and other bonds and on insurance,before application to any other purpose. Whenever required by the Owner,it shall be
<br /> the duty of the Contractor to file w�th the Ovmer a verified statement,in a form satisfactory to the Owner,certifying the amounts then due and owing from the
<br /> Contractor for labor and materials,setting forth therein the names ofthe persons whose charges or claims for laboror materiais are unpaid,and the undisputed amoum
<br /> � dne to each respectively.
<br /> D, No payments made hereunder by the Owner to the Contcactor prior to Fina1 Payment shall be deemed conclusive as to the sctual value of the
<br /> Work performed by the Contractor or of the Contractor's perfom�ance of his obligations under this Contract
<br /> ' E. The Owner reserves the right to issue progress payment checks and final payment checks jointly to tt�e Contractor and any Subcontractor or
<br /> Supplier at the OwnePs option.
<br /> � 3'7. COMPLETION AND FINAL PAYiVIEN7'
<br /> A. Upon ihe completion ofthe Work by the Contractor,the acceptance ofthe Work by the Uwner,and the release of all claims against the Owner
<br /> and the Work by the Contractor and its Subcontractors and Suppliers(which re[eases shall be evidenced by final waivers and releases,propedy recorded releases
<br /> of liens,or other documents acceptable w ihe Owner),the Contractor shall f le a request for Snal payment Thereafter,the Owner shall pay the Contract Price(as
<br /> ' adjusted by any Changes of Contract issued pursuant to Paragraph 19 h�eo�tess all prior payments to or for ffie account of the Cantract to the Contractor as Snat
<br /> payment("Final Payment'�.
<br /> B. Upon the receipt of the Contractor's Final Application for Payment,including Exhibit D,the Owner shall promptly meke a f[nal inspection,
<br /> ' snd if the Owner 6nds the Work acceptable and complete in strict accordance with the Contract Docnments the Owner shalt promptly issue Final Payment Final
<br /> Payment shatE be made upon Complction ofthe Work and shall indicate the Owner's Final Acceptance of the Work and his acknowledgment that the Work(excluding
<br /> any further warranty and guaranty obligazions)hss been oompleted and is accepted under the tem�s and c�nditions of the Contract Documents. Comple6on of the
<br /> Work shall mean:(1)fu11 perfamance of all Conbract terms;(2)�ceptance of the Wodc by Owner,(3)resolution of all outstanding Changes of Contrac�(4)
<br /> t complerion of all"punch-list"items;and(5)delivery of all final lien waivecs,wananties,the CeRificate of Occupancy(if such is to be obtained by Contractor),and
<br /> required"as-buitt"drawings.Ifpriorto the makingofFinal Payment the Owner finds deficiencies in the Work,the Owner shall prompUy notify the Contractor thereof
<br /> in writing,describing such deficiencies in detail. After the Contractor has remedied any defic9encies noted by the Owner,the Contractor shall request a finai
<br /> inspection and the Owner shatl make such inspection and follow the procedure set forth in this Paragaph.
<br /> ' C. From rime m time,as portions of the Work are completed by the Contractor,the Owner shall have the right,upon giving the Contractor prior
<br /> written notice,to accept any portion of the Work that the Owner desires to use and occupy. Such partial acceptance s6a11 be made in writing and thereafter the
<br /> Contractor shall have no further obtigation with respect to the Work accepted,except to correcx the Work subsequently found w have been improperly done or to
<br /> replace defective materials or equipment,or to perform Work pursuant to Paragiaph 40 hereof. Notwithstanding anything contained herein to the�ntrary,all
<br /> � guarantees and warrandes arising pursuant to Paragaph 38 haeof shall run from the time of Substandal Completion ofthe endre Project,and not from the time of
<br /> cw�.�c.�a 00810-18
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