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(Paragraphs deleted) � <br /> (T'able deleted) <br /> (Pcrragraphs deleted) <br /> (T'able deleted) <br /> (Paragraphs deleted) <br /> ARTICLE 4 PAYMENTS <br /> § 4.1 PROGRESS PAYMENTS <br /> § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for <br /> Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the <br /> Contractor as provided below and elsewhere in the Contract Documents. <br /> § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the <br /> month, or as follows: <br /> ( On the 25�` of the month, and include partial lien waivers for previous payments made to contractor, subcontractors, <br /> and materials. <br /> � (Paragraphs deleted) <br /> § 4.1.4 Retainage, if any, shall be withheld as follows: I <br /> � Hold final payment until receipt of final lien releases & close-out documents. I <br /> § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated <br /> below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. <br /> (Insert rate of interest agreed upon, if cmy.) I <br /> � Twelve % 12 I <br /> § 4,2 FINAL PAYMENT <br /> § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the � <br /> Contractor when <br /> .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct <br /> Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final <br /> payment; <br /> .2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis <br /> of the Cost of the Work with or without a guaranteed maximum price; and <br /> � .3 a final Certificate for Substantial Completion is issued by Architect. <br /> § 4.2.2 T'he Owner's final payment to the Contractar shall be made no later than 30 days after the issuance of the <br /> Architect's final Certificate for Payment, or as follows: <br /> Final lien releases from all contractor and subcontractors. <br /> Architect certificate of substanfial completion. <br /> ARTICLE 5 DISPUTE RESOLUTION <br /> § 5.1 BiNDING DISPUTE RESOLUTION <br /> For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute <br /> resolution shall be as follows: <br /> (Check the appropr7ate box. If the Owner and Contractor do not select a method of binding dispute resolution below, <br /> or do not subsequerrtly agree in writing to a binding dispute resolzrtion method other than litigatiort, claims will be <br /> resolved in a court of competent j:�risdiction.) <br /> ( [ X] Arbitration pursuant to Section 21.4 of this Agreement <br /> [] Litigation in a court of competent jurisdiction <br /> AIA Document A107T"'— 2007. Copyrightm 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1874, 1978, 1987, 1997 and 2007 by TheAmerican Institute otArchitects. <br /> Init. ,q�� rights reserved. WARNINO: Thls AIA Document Is protected by U.S. Copyright Law and Intematio�al Treatles. Unauthorized reproduction or 4 <br /> dlatrlbutlon of this AIA Document, or any portion of k, may result in aevere eivll and criminal penakies, and will be prosecuted to the maxlmum extent <br /> / possl6le undar the law. This documentwas produced by AIA software at 14:59:28 on 04/OS/2011 under Order No.4718495822_1 whlch expires on 10/28l2011, <br /> and is not for resale. i <br /> UaerNotes: (1630881889) � <br /> � <br /> � <br />