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<br />i: . <br /> <br /> <br />I <br />II <br />I <br /> <br />1\ <br />II <br />II <br />11 <br /> <br />) <br /> <br /> <br />,I <br /> <br />I <br /> <br /> <br />II <br />Jl <br />~ <br />~ <br />j <br />~ <br />]1 <br />,j <br />J <br />j <br />J <br />j <br /> <br />10.6 FINAL PAYMENT - CONT. <br /> <br />made. The final payment or.retained percentage will not become due <br />until all cla~s have been ~eleased or satisfied by the Owner. If <br />any cla~ or I iens remains unsatisf"i~d after all payments are made, .. '.'-. <br />the Contractor shall be liable for all costs in satisfying these <br />claims. <br /> <br />10.7 PAYMENT WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK <br /> <br />The Owner may, because of subsequently discovered evidence, withhold <br />or nullify the whole or part of any certificate of payment to such <br />extent as may be necessary to protect himself from loss due to: <br /> <br /> <br />A. Defective work not remedied; <br /> <br />B. Claims filed or reasonable evidence indicating public filing of <br />cla~s by other parties against the Contractor; <br /> <br />C. Failure of the Contractor to make payments properly to Subcontractors <br />or for materials or labor; <br /> <br />D. Damage to another Contractor; <br /> <br />When the above grounds are removed or the Contractor provides a Surety <br />Bond satisfactory to the Owner in the amount withheld, payment shall <br />be made for amounts withheld. <br /> <br />10.8 ERRORS IN PAYMENT <br /> <br />No certificate issued nor payments made nor occupancy of the work by <br />the Owner shall be deemed as acceptance of any part of the work or <br />materials not in accordance with the Contract. <br /> <br />Where an error is found after payment is made, the Owner shall have the <br />right to recover or shall be reimbursed for allover payments to the <br />Contractor. <br /> <br />. 10.9 LIQUIDATED DAMAGES <br /> <br />The Contractor agrees that he can and will complete the work within the <br />tae limit stated in'. the Agreement. Inasmuch as the damages to the <br />Owner from non-completion will be difficult to accurately assess, <br />said damages will be liquidated at a daily rate of $150 for each <br />calendar day beyond the contract completion date. The Owner will <br />deduct and retain the amount of the liquidated damages from any <br />monies due to the Contractor, and in case that those amounts are less <br />than the liquidated damages, the. Contractor shall be liable for the <br />difference. Such retained amounts are not to be considered as a <br />penalty but as payment for tangible and intangible damages to the <br />Owner. <br /> <br />