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the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further
<br />representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment
<br />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 />§ 1.11 SAFETY PRECAUTIONS AND PROGRAMS
<br />§ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
<br />programs 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 Sub -
<br />subcontractors; and
<br />.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
<br />roadways, structures and utilities not designated for removal, relocation or replacement in the course
<br />of construction.
<br />§ 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful
<br />orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
<br />Init. AIA Document A201 TM —1997. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30
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<br />expires on 10,2012009, and is not for resale.
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