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Work, the Owner may withhold ten percent (10%), as retainalge, from the payment <br /> otherwise due. <br /> 3.3 A total of ten percent (10%) of the construction price shall be withheld as <br /> retainage until punch list items are completed and shall be paid Pursuant to section 3.4 <br /> below. <br /> 3.4 When the work has been completed and this Agreement fully performed, <br /> the Contractor shall submit a final application for payment to the!City for approval. The <br /> City shall make final payment to the Contractor within thirty(30)days after the Contractor <br /> approves of such final application for payment. <br /> 3.5 The parties understand and agree that the City shall bear no obligation <br /> under this Agreement, or otherwise, to pay, or to be responsible in any way, for payment <br /> to a subcontractor performing portions of the work for the Contractor. If, however, the <br /> City receives a Notice to Owner claiming that the Contractor has not properly paid any <br /> party that has contracted with the Contractor for any work associated in any way with this <br /> project, then the City may, at its sole discretion and after providing notice to the <br /> Contractor, pay such party and then deduct the sums paid from any amounts remaining <br /> to be paid to the Contractor. <br /> 3.6 Neither payment nor partial or entire use or occupancy of the project by the <br /> City shall constitute an acceptance of work not in accordance with the Contract <br /> Documents or otherwise improperly performed. <br /> 3.7 The Contractor warrants that title to all construction covered by an <br /> application for payment will pass to the City no, later than the time of payment. The <br /> Contractor further warrants that upon submittal of an application for payment, all <br /> construction for with payments have been received from the City 'shall be free and clear <br /> of liens, claims, security interests or encumbrances in favor of the Contractor or any other <br /> person or entity performing construction at the site or furnishing materials or equipment <br /> relating to the construction. <br /> 3.8 The parties understand and agree that the making of final payment by the <br /> City shall, in no way, constitute a waiver of claims by the City. <br /> 3.9 Acceptance of final payment shall constitute a waiver, of all past, present, or <br /> future claims by the Contractor. <br /> ARTICLE IV: INSURANCE AND INDEMNITY <br /> i <br /> 4.1 The Contractor shall be responsible for initiating, maintaining <br /> ntaining and providing <br /> -3- <br />