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<br />ARTICLE IX
<br />
<br />PA YMENTS
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<br />9.1 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed, (3) failure of Contractor
<br />to make payments properly to Subcontractors or for labor, materials, or equipment, (4) damage to another contractor.
<br />or (5) unsatisfactory prosecution of the Work by Contractor.
<br />9.2 Final payment not due until contractor has delivered to Owner lien waivers covering material and his labor
<br />included in the work, as well as lien waiver from all subcontractors, and major material suppliers for all material and
<br />labor. or shall post a bond pursuant to the provisions of Article X. If any lien remains unsatisfied after any payments
<br />have been made, Contractor shall refund to Owner those sums, when combined with the outstanding unpaid Project Sum.
<br />necessary to discharge all liens, including all costs and reasonable attorneys' fees.
<br />9.3 The making of final payment shall constitute a waiver of all claims by Owner except those arising from (1)
<br />unsettled liens, (2) faulty or defective work discovered after the date of Substantial Completion, (3) failure of the Work
<br />to comply with the requirements of the Contract Documents, or terms of any special guarantees required by the Contract
<br />Documents. The acceptance of final payment shall constitute a waiver of all claims by Contractor except those previously
<br />made in writing and still unsettled.
<br />
<br />ARTICLE X
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<br />MECHANICS AND MATERIALMENS LIENS / B01'\D OF INDEMI'IFICATION
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<br />10. I Contractor shall obtain a payment bond in form and from a corporate surety. mutually acceptable to Owner
<br />and Contractor. whenever any lien is affixed, attempted to be affixed, secured or claimed against the Project. Such bond
<br />shall be payable to the lien claimant, describe the Project refer to the lien with sufficient clarity to identify the lien and
<br />be of a dollar value equal to the amount claimed under the lien.
<br />10.2 Contractor shall not allow any proceeding to be brought against the Project to establish. enforce. or foreclose
<br />any lien, or claim of the lien, referred to in the bond.
<br />10.3 This Article shall not be construed as a general waiver of lien rights against the Project by the Contractor,
<br />or any Subcontractor, or materialmen. for the benefit of Owner.
<br />
<br />ARTICLE XI
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<br />PROTECTION OF PERSONS AND PROPERTY
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<br />II. I Contractor shall be responsible for initiating. maintaining and supervising all safety precautions and programs
<br />in connection with the Work. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
<br />protection to prevent damage, injury or loss to (l) all employees on the Project and other persons who may be affected
<br />thereby. (2) all the Work and all materials and equipment to be incorporated therein. and (3) other property at the project
<br />site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of
<br />any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or
<br />loss. All damage or loss to any property caused in whole or in part by Contractor, any Subcontractor or anyone directly
<br />or indirectly employed by any of them. or by anyone for whose acts any of them may be liable, shall be remedied by
<br />Contractor, except damage or loss attributable to faulty Drawings or Specifications, or to the acts or omissions of Owner
<br />or anyone employed by it or for whose acts it may be liable but which are not attributable to the fault or negligence of
<br />Contractor.
<br />
<br />ARTICLE XII OWNER'S LIABILITY INSURANCE
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<br />]2.1 Owner shall be responsible for purchasing and maintaining its own liability insurance and, at its option. may
<br />maintain such insurance as will protect it against claims which may arise from operations under the Agreement.
<br />
<br />ARTICLE XIII BUILDER'S RISK COVERAGE
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<br />13.1 The Owner shall purchase and maintain builder's risk coverage or elect to self-insure the Project as follows:
<br />13. I . ] Coverage: All risk of direct physical loss or damage from any external causes except as excluded.
<br />13.1.2 Perils not insured: Wear, tear, deterioration. rust, rot. mold, vermin or insects; loss of market. loss
<br />of use: mechanical failure, delay, faulty workmanship. latent defect; settling. shrinkage or expansion: infidelity or dishonesty.
<br />mysterious disappearance, inventory shortage; earthquake; surface waters, and flood waters. freezing. electrical failure.
<br />error or omission in design, plan or specification; War Risks; radioactive contamination or nuclear damage, all as defined
<br />. in the master policy and such other exclusions specified in the master policy.
<br />13. 1.3 Property Excluded: Contractors' and / or Subcontractors' equipment of every description. Automobiles
<br />or other vehicles designed for highway llse. watercraft. aircraft. Machinery. tools, equipment and property of similar
<br />nature not destined to become a permanent part of the instalfation of structure. Money, notes. securities, plans, blueprints.
<br />specifications. and other similar papers. Trees, grass, shrubbery or plants.
<br />form 4400157 11/88
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