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§ 9.10 FINAL COMPLETION AND FINAL PAYMENT <br /> § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance <br /> and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the <br /> Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect <br /> will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information <br /> and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in <br /> accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the <br /> Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will <br /> constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being <br /> entitled to final payment have been fulfilled. <br /> § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits <br /> to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected <br /> with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts <br /> withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the <br /> Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed <br /> to expire until at least 30 days'prior written notice has been given to the Owner,(3)a written statement that the <br /> Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by <br /> the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data <br /> establishing payment or satisfaction of obligations, such as receipts,releases and waivers of liens,claims,security <br /> interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the <br /> Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a <br /> bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after <br /> payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in <br /> discharging such lien,including all costs and reasonable attorneys' fees. <br /> § 9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault <br /> of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the <br /> Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the <br /> Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the <br /> remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract <br /> Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that <br /> portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to <br /> certification of such payment. Such payment shall be made under terms and conditions governing final payment, <br /> except that it shall not constitute a waiver of claims. <br /> § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from <br /> .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; <br /> .2 failure of the Work to comply with the requirements of the Contract Documents;or <br /> .3 terms of special warranties required by the Contract Documents. <br /> § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a <br /> waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at <br /> the time of final Application for Payment. <br /> ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY <br /> § 10.1 SAFETY PRECAUTIONS AND PROGRAMS <br /> The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs <br /> in connection with the performance of the Contract. <br /> § 10.2 SAFETY OF PERSONS AND PROPERTY <br /> § 10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to <br /> prevent damage,injury or loss to <br /> .1 employees on the Work and other persons who may be affected thereby; <br /> .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the <br /> site, under care,custody or control of the Contractor or the Contractor's Subcontractors or <br /> Sub-subcontractors;and <br /> AIA Document A201-—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American <br /> Init. Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 28 <br /> reproduction or distribution of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to <br /> / the maximum extent possible under the law.This document was produced by AIA software at 15:14:50 on 11/01/2016 under Order No.4982744446_1 which <br /> expires on 07/01/2017,and is not for resale. <br /> User Notes: (2035499384) <br />