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' <br /> 4.02 Progress Payments I <br /> , <br /> A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's <br /> ' Applications for Payment on or about the 15th day of each month during performance of the Work <br /> ' 4.03 Final Payment <br /> A. Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price <br /> , ARTICLE 5-CONTRACTOR'S REPRESENTATIONS <br /> , 5.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following <br /> representations: <br /> A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data <br /> ' identified in the Bidding Documents. <br /> B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and <br /> ' Site conditions that may affect cost, progress, and performance of the Work. <br /> C. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site <br /> that relates to the Work as indicated in the Contract Documents. <br /> ' D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and <br /> conditions for perFormance and furnishing of the Work. <br /> , E. CONTRACTROR represents that it has authority to do business in the location in which the work is to be <br /> performed and that is fully qualified to do the work in accordance with the terms and provisions of this agreement. <br /> ' ARTICLE 6—DELAYS <br /> Neither part shall be liable for the fulfillment of its obligations under this contract if such unfulfillment or omission <br /> arises from fire, flood, accident, war, act of Government or any other cause reasonably beyond iYs control, but shall <br /> � use all reasonable efforts to minimize the extent of the delay and shall notify the other party within ten (10) calendar <br /> days from the beginning of such delay. <br /> IARTICLE 7—COMPLIANCE WITH REGULATIONS <br /> CONTRACTOR agrees that all services and work hereunder shall comply with all applicable laws, ordinances, rules <br /> and regulations of the applicable national and local government authorities. <br /> � <br /> ARTICLE 8—INDEMNIFICATION <br /> , 8.01 Employees of CONTRACTOR and OWNER <br /> CONTRACTOR and OWNER each agrees to, and shall indemnify and hold harmless the other from and against, <br /> any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of <br /> � litigation, court costs and attomeys fees, on account of personal injury or death sustained, or alleged to have been <br /> sustained, by employees of the indemnitor arising out of or in connection with the performance of work, irrespective <br /> of the cause of the injury or death with the sole exception noted in the following paragraph. <br /> , The parties acknowledge that the foregoing indemnity includes an indemnification in those instances where there is <br /> joint or concurring negligence between the indemnitor and the indemnitee, but this indemnity does not apply to the <br /> ' sole negligence of the indemnitee. <br /> ' 2 <br />