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Provision Chan e <br /> "12.2.13 a Certificate of Occupancy has been issued by the governing jurisdicrion; <br /> 12.2.1.4 all punchlist items have been completed; <br /> 12.2.1.5 to the extent applicable, the maintenance and operation manuals and the as- <br /> built record documents have been approved by the Architect and delivered to the <br /> Owner; <br /> 12.2.1.6 to the extent applicable, as-built drawings, operarion and maintenance data, <br /> warranties and other such data as may be required by Owner; <br /> 12.2.1.7 to the extent applicable,all guarantees and warranries required by the Contract <br /> Documents, assignment from the Contractor to the Owner of all guarantees and <br /> warranties from subcontractors,vendors, suppliers and manufacturers, and a list of the <br /> names, addresses and telephone numbers of all subcontractors and any other entiries <br /> providing these guarantees or warranties have been received by the Owner; <br /> 12.2.1.8 final lien waivers from all Subcontractors have been received;and <br /> 12.2.1.9 no outstanding Davis Bacon wage compliance issues remain outstanding." <br /> 12.2 Following Paragraph 12.2,the following is hereby inserted:: <br /> "12.3 Notwithstanding Any provision herein to the contrary, the Owner shall not be <br /> obligated to make any payment to the Contractor hereunder if any one or more of the <br /> following conditions exist: <br /> 12.3.1 The Contractor is in default of any of its obligarions hereunder or <br /> otherwise is in default under any of the Contract Documents; <br /> 12.3.2 Any part of such payment is attributable to Work which is defective or <br /> not performed in accordance with the Drawings and Specifications;provided, <br /> however, such payment shall be made as to the part thereof attributable to <br /> Work which is performed in accordance with the Drawings and Specifications <br /> and is not defective; <br /> 12.3.3 The Contractor has failed to make payments prornptly to the <br /> Contractor's subcontractors or for material or labor used in the Work for which <br /> the Owner has made payment to the Contractor; <br /> 123.4 damages to another contractor; <br /> 12.3.5 unsatisfactory prosecution of the Work by Contractor,including the fact ' <br /> that the Work has not progressed to the point indicated in the Application for �� <br /> Payment; <br /> 12.3.6 incomplete or insufficient Application for Payment or documents <br /> related thereto submitted to Owner; <br /> 12.4.7 reasonable evidence that the Work will not be completed within the <br /> contract time as the same may extended in accordance with the terms of the <br /> Contract documents;or <br /> 6 <br /> Doc#:CHI01 (239130-00107)50130735v3;08/12/2003lTime:10:48 <br />