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any.Tbe Change Order shall be substantially in the fonn as attached as Ezhibit B,and Contiactor sbell not <br /> perfotm any Worlc tmder a Chsnge Order unless aad tmtil it is ezecuted by Humans. <br /> Artlde 5.WAItRANTY AND CORRECTION OF WORK: <br /> 1. Contracto�wanants to Humana tbst(a)the Worlc to be performod and the mataials fu�nishod unda tl�e <br /> Co�ract shall be of g�ood quality and n�w udess otherwise requirod or paaniuod by the Contract Doaune�; <br /> (b) the Waic shall be free fram defocts in design a�d worlanaa�hip; and(c)t�Work shsll conform with the <br /> spec,�fications and roquiremeuts of thc Co�ntract. Work not oonfo�miag to t6ese roquir�nts, including <br /> substitutioos not P�per1Y �p�nved and s�horiz�d, may bc oonsidened defective. Contractor's wartanoty <br /> exchdes damage or�fect catisod by abuse or improQa apera�an by Humana <br /> 2. Cont�acwr s6a11 raperform all Work thst is defxtive or does not c�nfonn to the n�quirun«�s of the <br /> Contract Documems; provided that such defects or iwn-coaformities appear within one (I) year S+o� <br /> acceptanoe by Humet�a of the Wrnic. All oosts of re-perforniing suc� Work, including additional te.ating and <br /> ins�ectian, shaU be bome by Contrador. In the e�+eat Contra�tor fails t4 ro-perform suc6 Work witi�in thitty <br /> (30) days following Humana's noticx fliereof to Contrsctor, Hwasna shatl have the right tfl 6ave the same <br /> corr+ected at Contractor's expense. <br /> Artide 6.APPLICATION FOR PAYMENT: <br /> 1. At the completion of the Work,Contractor sball submit a payment roquesVinvoice for the lump sum <br /> oost of the Work set forth in Article 3,which roqu�t sb�all ideatify any retainage previously agreod. <br /> 2. Whene applicable,Contrsctor shall svbmit to Humana releasos or lien waiveas of all liens(including <br /> �bvontrsctor,sub-subcontractor,msterial meq and laborers)(partial or final)showing that all payments and <br /> or indebtedness from d�e previous period requisition 6ave ba,�t duly satisfied. <br /> 3. Humana shall review Contrecto�s roquisition for funds due as set out in this Article 6,and upon <br /> apprvval,shall pay Contractor within 4S calendar days of such approval. <br /> 4. Payment(s)otherwise due may be widiheld on account of defective Wak that preveats the use of the <br /> space, for damsge by Contractor or its ageats to others,or failure to make payments properly to <br /> subcontiactors for materials or labor(whether or not a lien has been filod). Fiml payment wiU bc made no <br /> later than 45 days after completian.On construction projocts,before final payment is msde to Contractor, <br /> Contra�ctor shall furnish final lien waivers from all sub-conhactors end material suppliers clearing all <br /> "Notices to Owner"or a bond satisfactory to Humana indemnifying against any liea,and a Contracta's Final <br /> Affidavit. <br /> Ardck 7.DISBURSEMENTS: <br /> Should Contractor ncglect or refuse to pay,within thirry(30)days after ft falls due,any bill legitimately <br /> incucred by Contr�tor heirunder in relation to the Work,Humans,after giving the Contractor twenty-four <br /> (24)hours written notice of intention so to do,shall have.the right(but not the obligadon)to pay such bill <br /> directly and deduct the amount fi+om the Contract ainouat. <br /> Page 2 of 8 <br />