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� <br /> , � <br /> (Paragraphs deleted) <br /> (Table deleted) <br /> (parugrc�hs deleted) <br /> (T'able deieted) <br /> (pt�agraphs 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 Cantract Sum to the <br /> Contractor as provided below and elsewhere in the Contract Documents. <br /> § 4.1.2 The petiod 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 tfie month, and include partial lien waivers for previous payments made to contractar, subcontractors, <br /> I and materials. <br /> � (pnrugraphs deleted) <br /> § 4.1.4 Retainage, if any, shall be withheld as follows: <br /> � Hold final payment until receipt of final lien releases & close-out documents. <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 t3�ereof, 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 arry.) <br /> � Twelve °/.12 <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 /> Contractar w�en <br /> .1 the Contractar has fully performed the Contract except for the Contractor's responsibility to correct <br /> Work as provided ir► Section 18.2, and to satisfy other requirements, if any, which extend beyond final <br /> payment; <br /> .2 d1e 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 /> I .3 a final Certificate for Substantial Completion is issued by Architect. <br /> § 4,2,2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the <br /> Architect's final Certificate for Payment, or as follows: <br /> I Final lien releases from all coniractor and subcontractors. <br /> Architect certificate of substantial 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 tRe crppropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, <br /> or do r+ot subse9uently agree in writing to a binding dispute resolution method other than litigation, claims will be <br /> resotv�ed in a court of competent jurisdiction.) <br /> I [ 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, 1� � �W �nd Intamatfonai Tnatl s Un uthorized roproduct�o or� 4 <br /> init. p�� �gh� reserved. WARNING: This AIA Document is proteeted by U.S. Copy g <br /> distribution of thb NA� Document, or tny port(on of It, may result in aevere civll and criminal penakies, and wiil bs proseeuted to ths maximum extent <br /> � possibls undsrthe law. This documentwas produced by AIA software at 11�15:12 on 11/04/2011 under Order No.0875262049_ which expires on 10l29/2012, <br /> — and is not for resale. (945440306) <br /> User Notes: <br />