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§9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in <br /> the Work which have been properly authorized by Construction Change Directives,or by interim determinations of <br /> the Architect,but not yet included in Change Orders. <br /> §9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor <br /> does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others <br /> whom the Contractor intends to pay. <br /> I9.31.3 Until Substanrial Completion,the Owner shall pay ninety(90)percent of the amount due the Contractor on <br /> account of progress payments. <br /> §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and <br /> equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance <br /> by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location <br /> agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon <br /> compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such <br /> materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable <br /> insurance, storage and transportation to the site for such materials and equipment stored off the site. <br /> §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner <br /> no later than the time of payment.The Contractor further warrants that upon submittal of an Application for <br /> Payment all Work for which Certificates for Payment have been previously issued and payments received from the <br /> Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, <br /> security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers,or other persons or <br /> enti[ies making a claim by reason of having provided labor, materials and equipment relating to the Work. <br /> §9.4 CERTIFICATES FOR PAYMENT <br /> §9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment,either issue <br /> to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines I� <br /> is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding � <br /> certification in whole or in part as provided in Section 9.5.1. <br /> §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, <br /> based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work <br /> has progressed to the point indicated and that,to the best of the ArchitecYs knowledge,inforrr►ation and belief,the <br /> quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an <br /> evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of <br /> subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion <br /> and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further <br /> constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance <br /> of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- <br /> site inspections to check the quality or quantity of the Work, (2)reviewed construction means,methods,techniques, <br /> sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers <br /> and other data requested by the Owner to substantiate the Contractor's right to payment, or(4)made examination to <br /> ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. <br /> §9.5 DECISIONS TO WITHHOLD CERTIFICATION <br /> §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary <br /> to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot <br /> be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the <br /> Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised <br /> amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to <br /> make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of <br /> subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to <br /> such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which[he Contractor <br /> is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: <br /> .1 defective Work not remedied; <br /> AIA Document A201TM—1997.Copyright OO 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American <br /> Institute of Architects. All rights reserved. WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties. 28 <br /> Unauthorized reproduction or distribution of this AIA�Document,or any portion of it,may result in severe civil and criminal penalties,and will be <br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:16:56 on 03/13/2007 under Order <br /> No.UNLICENSED which expires on 11/18/2007,and is not for resale. <br /> User Notes: (2584627897) <br />