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Attachment A <br /> <br />ARTICLE 4. PAYMENT PROCEDURES <br /> <br />The OWNER will make progress payments on account of the Contract Price as provided in the GENERAL <br />CONDITIONS, under Section 230, and as follows: <br /> <br />4.1 Progress and final payments with be on the basis of the CONTRACTOR’S Application for <br />Payment as approved by the Director of Public Works. <br /> <br />4.2 Upon final completion of the work and settlement of all claims and receipt of Minnesota State <br />Withholding Certificate the remainder of the Contract Price will be remitted in accordance with <br />the Contract Documents. <br /> <br />ARTICLE 5. CONTRACT DOCUMENTS <br /> <br />5.1 Request for Proposal <br />5.2 Bid Items <br />5.3 Maintenance Locations <br />5.4 Conditions and Specifications <br />5.5 Notice of Award <br />5.6 Contract Document <br />5.7 Notice to Proceed <br /> <br />This Agreement, together with the documents hereinbefore mentioned, for the Contract, and all documents <br />are as fully a part of the Contract as if attached hereto or herein repeated. <br /> <br />ARTICLE 6. MISCELLANEOUS <br /> <br />6.1 Terms used in this Agreement which are defined in section 201 of the General Conditions shall <br />have the meanings indicated in the General Conditions. <br /> <br />6.2 Neither OWNER nor CONTRACTOR shall, without the prior written consent of the other, assign <br />or sublet in whole or in part their respective interest under any of the Contract Documents and, <br />specifically, the CONTRACTOR shall not assign any monies, due or to become due without the <br />prior written consent of the OWNER. <br /> <br />6.3 The OWNER and the CONTRACTOR each binds itself, its partners, successors, assigns and legal <br />representatives to the other party hereto in respect of all covenants and obligations contained in <br />the Contract Documents. <br /> <br />6.4 This Agreement and Contract Documents constitute the entire agreement and, understanding, <br />promises and obligations between the OWNER and the CONTRACTOR and may only be altered, <br />amended or repealed by a duly executed written instrument. <br /> <br />6.5 If any provision or portion of this Agreement and the Contract Documents is found to be <br />unenforceable by a court of competent jurisdiction in the course of a legal action brought by one <br />of the parties relative to this Project, all other provisions and portions of this Agreement and the <br />Contract Documents shall survive and remain in full force and effect. <br /> <br />2 of 3 <br /> <br />