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<br />promptly make such inspection and, when he finds the
<br />Work accepts jle under the Contract Documents and the
<br />Contract fully performed, he will promptly issue a final
<br />Certificate for Payment stating that to the best of his
<br />knowledge, information and belief, and on the basis of
<br />his observations and inspections, the Work has been com-
<br />pleted in accordance with the terms and conditions of the
<br />Contract Documents and that the entire balance found to
<br />be due the Contractor, and noted in said final Certificate,
<br />is due and payable. The Architect's final Certificate for
<br />Payment will constitute a further representation that the
<br />conditions precedent to the Contractor's being entitled to
<br />final payment as set forth in Subparagraph 9.9.2 have been
<br />fulfilled.
<br />9.9.2 Neither the final payment nor the remaining re-
<br />tained percentage shall become due until the Contractor
<br />submits to the Architec: (1) an affidavit that all payrolls,
<br />bills for materials and equipment, and other indebtedness
<br />connected with the Work for which the Owner or his
<br />property might in any way be responsible, have been paid
<br />or otherwise satisfied, (2) consent of surety, if any, to final
<br />payment and (3), if required by the Owner, other data
<br />establishing payment or satisfaction of all such obliga-
<br />tions, such as receipts, releases and waivers of liens aris-
<br />ing out of the Contract, to the extent and in such form
<br />as may be designated by the Owner. If any Subcontractor
<br />refuses to furnish a release or waiver required by the
<br />Owner, the Contractor may furnish a bond satisfactory to
<br />the Owner to indemnify him against any such lien. If
<br />any such lien remains unsatisfied after all payments are
<br />made, the Contractor shall refund to the Owner all mon-
<br />eys that the latter may be compelled to pav in discharging
<br />such lien, including all costs and reasonable attorneys'
<br />f ees.
<br />9.9.3 lf, after Substantial Completion of the Work, final
<br />completion thereof is materially delayed through no fault
<br />of the Contractor or by the issuance of Change Orders
<br />affecting final completion, and the Architect so confirms,
<br />the Owner shall, upon application by the Contractor and
<br />certification by the Architect, and without terminating
<br />the Contract, make payment of the balance due for that
<br />portion of the Work fully completed and accepted. If the
<br />remaining balance for Work not fully completed or cor-
<br />rected is less than the retalnage stipulated in the Contract
<br />Documents, and if bonds have been furnished as provided
<br />in Paragraph 75, the written consent of the surety to the
<br />payment of the balance due for that portion of the Work
<br />fully completed and accepted shall be submitted by the
<br />Contractor to the Architect prior to certification of such
<br />payment. Such payment shall be made under the terms
<br />and conditions governing final pavment, except that it
<br />shall not constitute a waiver of claims.
<br />9.9.4 The making of final payment shall constitute a
<br />waiver of all claims by the Owner except those arising
<br />from:
<br />.1 unsettled liens,
<br />.2 faulty or defective Work appearing after Substantial
<br />Completion,
<br />.3 failure of the Work to comply with the require-
<br />ments of the Contract Documents, or
<br />.4 terms of any special warranties required by the
<br />Contract Documents.
<br />9.9.5 The acceptance of final payment shall constitute a
<br />waiver of all claims by the Contractor except those previ-
<br />ously made in writing and identified by the Contractor
<br />as unsettled at the time of the final Application for Pay-
<br />ment.
<br />ARTICLE 10
<br />PROTECTION OF PERSONS AND PROPERTY
<br />10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br />10.1.1 The Contractor shall be responsible for initiating,
<br />maintaining and supervising all safety precautions and
<br />programs In connection with the Work.
<br />10.2 SAFETY OF PERSONS AND PROPERTY
<br />10.2.1 The Contractor shall take all reasonable precau-
<br />tions for the safety of, and shall provide all reasonable
<br />protection to prevent damage, injury or loss to:
<br />.1 all employees on the Work and all other persons
<br />who may be affected thereby;
<br />.2 all the Work and all materials and equipment to
<br />be Incorporated, therein, whether in storage on or
<br />off the site, under the care, custody or control of
<br />the Contractor or any of his Subcontractors or
<br />Sub -subcontractors; and
<br />.3 other property at the site or adjacent thereto, in-
<br />cluding trees, shrubs, lawns, walks, pavements,
<br />roadways, structures and utilities not designated for
<br />removal, relocation or replacement in the course
<br />of construction.
<br />10.12 The Contractor shall give all notices and comply
<br />with all applicable laws, ordinances, rules, regulations and
<br />lawful orders of any public authority bearing on the safety
<br />of persons or property or their protection from damage,
<br />Injury or loss.
<br />10.2.3 The Contractor shall erect and maintain, as re-
<br />quired by existing conditions and progress of the Work,
<br />all reasonable safeguards lot safety and protection, in-
<br />cluding posting danger signs and other warnings against
<br />hazards, promulgating safety regulations and notif%ing
<br />owners and users of adjacent utilities.
<br />10.2.4 When the use or storage of explosives or other
<br />haz.a.edous materials or equipment is necessary for the
<br />execution of the Work, the Contractor shall exercise the
<br />utmost care and shall tarn- on such activities under the
<br />supervision of properly qualified personnel.
<br />10.:.5 The Contractor shall promptly remedy all damage
<br />or loss (other than damage or loss insured under Para-
<br />graph 11.3) to any property referred to in Clauses 10.2,1.2
<br />and 10.2.1.3 caused in whole or in part by the Contractor,
<br />any Subcontractor, any Sub -subcontractor, or anyone di-
<br />rectly or Indirectly employed by any of them, or by any-
<br />one for whose acts any of them may be liable and for
<br />which the Contractor is responsible under Clauses 10.2.1.2
<br />and 10.2.1.3, except damage or loss attributable to the
<br />acts or omissions of the Owner or Architect or anyone
<br />directly or indirectly employed by either of them, or by
<br />anyone for whose acts either of them may be liable, and
<br />not attributable to the fault or neglir.ence of the Contrac-
<br />tor, The foregoing obligations of the Contractor are in
<br />addition to his obligations under Paragraph 4.18.
<br />AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEEN EDITION - AUGUST 1976
<br />AIAO - (D 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1773S NEW YORK AVENUE, N,W., . /ASHINGTON, D.C, :0006 A201-1976 15
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