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<br />4. As required by Owner in the bid documents, Engineer's <br />Inspection Report certifying all concrete work, <br />including mix, reinforcing and form work; <br />5. Copy of complete as-built plans; <br />6. certification of any other item or material reasonably <br />requested by Owner; and <br />7. Contractor's concurrence with punchlist (as described <br />below in Paragraph 12). <br /> <br />All items required in connection with the Final Payment <br />shall be completed and submitted by Contractor within <br />thirty (30) days of restaurant opening. <br /> <br />In the event Contractor does not timely comply with any <br />of the requirements set forth above for the Final <br />Payment, Owner shall retain all of the remainder of the <br />contract Sum to protect Owner against any lien rights <br />or claims, until all requirements for the Final Payment <br />have been satisfied. <br /> <br />All correctly completed requests for payment received <br />and approved by Owner will be paid within twenty-one <br />(21) days of Owner's approval, except final retainage <br />draw which shall be paid within forty-five (45) days. <br /> <br />Notwithstanding the above, Owner may reasonably change <br />the method of payment (including without limitation to <br />payment by joint check), in the event Owner determines <br />that another method would be more prudent. <br /> <br />11. Payment by Contractor. Contractor shall pay all <br />subcontractors and material suppliers in a timely <br />manner to prevent mechanic's or material supplier's <br />liens being filed against the Premises. If Owner <br />receives a notice of claim to be filed ,or if a claim is <br />filed as a result of Contractor's nonpayment, Owner <br />shall have the right, after five (5) days notice to <br />Contractor, to immediately pay the full amount of any <br />such claim directly or indirectly to the claimant and <br />deduct same from the Contract Sum. Contractor waives <br />any and all claims or causes of action Contractor has <br />or may have against Owner for payments which are or may <br />be made under this paragraph. Owner shall also have <br />the right and option to require Contractor to provide <br />Owner with a bond insuring over such liens in an amount <br />at least one and one-half times the amount of any such <br />liens filed or notices of lien, and sufficient to cover <br />Owner's legal fees, interest and increased costs and <br />expenses to enforce this Contract. Contractor shall <br />promptly defend to conclusion Owner and Owner's <br />interests against each such claim. <br /> <br />12. Punchlist. Contractor shall meet with Owner and <br />Owner's Construction Manager, within fourteen (14) days <br /> <br />RB 8236 5/89 <br /> <br />7 <br />