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<br />10. Method of Payment. Upon satisfactory progress of Work <br />and Owner's receipt of completed and signed progress <br />payment requests, Owner will make payments on this <br />Contract, except when in Owner's opinion it is <br />necessary to protect Owner from loss due to effective <br />work not remedied, claims or liens filed on the <br />Premises, failure of Contractor to make payment <br />promptly to subcontractors or material suppliers, or <br />unsatisfactory prosecution of the Work. <br /> <br />Throughout the course of this Contract, contractor <br />shall draw up and submit to Owner not more than five <br />(5) progress payment requests for submission to Owner <br />when that portion of the Work associated with each <br />respective payment request has been completed, which <br />requests shall be submitted in the form attached as <br />Exhibit A, submitted in the form of Taco Bell CDS From <br />#8223 and CIF Form #8220 incorporated herein by <br />reference. <br /> <br />The last such progress request shall also <br />complete list of all subcontractors and <br />suppliers, including names, addresses, and <br />numbers used for the Work. <br /> <br />include a <br />material <br />telephone <br /> <br />Progress payments shall be in portions of the Contract <br />Sum as shall reflect the value of the Work in place <br />(less amounts already paid to Contractor), less the 10% <br />retainage and any amounts necessary to complete the <br />Work. <br /> <br />FIFTH AND FINAL PAYMENT: 10% of Contract Sum shall be paid <br />after the restaurant is open or ready to open, all finished <br />construction items (including punchlist) are completed, and <br />all test reports, certifications, warranties, permits and <br />final change orders have been delivered to Owner. <br /> <br />In addition, prior to release of the Final Payment, the <br />following documents completed and validly executed must be <br />delivered to Owner: <br /> <br />1. Contractor's affidavit submitted in the form of Taco <br />Bell Final Waiver of Lien Form #8224 incorporated <br />herein by reference (fully executed by all <br />subcontractors and suppliers) certifying that there are <br />no liens on the project and that all subcontractors and <br />material suppliers and other potential lienors have <br />been paid in full; <br />2. Certificate of Occupancy; <br />3. As required by Owner in the bid document, Concrete or <br />Asphalt Paving Certification (certifying sub-base, base <br />and surface preparation and application); <br /> <br />RS 8236 5/89 <br /> <br />6 <br />