05-28-1985 Council Packet - Laserfiche WebLink

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9.11.3 If any remaining balance to be held by Owner for Work not fully com- pleted or corrected is less than the retainage stipulated in the Agreement, Pe and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance flue for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with A the Application for such payment. Such payment shall be made under the terms 14 and conditions governing final payment, except that it shall not constitute a waiver of claims. A 9.12 CONTRACTOR'S CONTINUING OBLIGATION 1� - Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any prog- ress or final payment by Engineer, nor the issuance of a Certificate of Sub- stantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, f� nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant. to Sections 9.10 or 9.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contrac- tor's obligation to perform the Work in accordance with the Contract Documents. ■ 9.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 9.13.1 A waiver of all claims by Owner against Contractor, te-ept claims arising from unsettled Liens, from defective work appearing after final in- spection pursuant to Section 9.9 or from failure to comply with the Contract M Documents or the terms of any special warranties or guarantees specified tit therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 11.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 1 00 SECTION 10 It CHANGES IN THE. WORK be 10.1 CHANGE ORDERS 14 Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall �^ proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes i -- 1 /85 - BYi'h Copyright 1985 Ronestroo, Rusene. Anderlik b Associates, Inc.