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I I I I I I I I I I I I I I I I I I I 14.03 14.04 Each subsequent Application for Partial Payment shall include an af- fidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior Applications for Partial Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR'S WARRANTY OF TITLE A. Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incor- porated in the Project or not, will pass to Owner at the time of payment free and clear of all claims, security interests and encum- brances (hereafter in these General Conditions referred to as "Claims"). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT A. Architect will, within 10 days after receipt of each Application for Partial Payment either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Architect's reasons for refusing to recommend payment. In latter case, Contractor may make the necessary corrections and resubmit the Application. The Owner shall pay Contrac- tor within 30 days of Owner's approval of the Application for Partial Payment. B. Architect's recommendation of any payment requested in an Application for Partial Payment will constitute a representation by Architect to Owner, based on Architect's on-site observations of the Work in pro- gress as an experienced and qualified design professional and on Architect's review of the Application for Partial Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of Architect's knowledge, informa- tion, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a func- tioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any quali- fications stated in the recommendation). However, by recommending any such payment Architect will not thereby be deemed to have repre- sented that exhaustive or continuous on-site inspections have been made to check the quality or the quanity of the Work, or that the means methods, techniques, sequences and procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose Contractor has used the moneys paid or to be paid to Con- tractor on account of the Agreement Price, or that title to any Work, materials or equipment has passed Owner free and clear of any Claims. C. Architect may refuse to recommend and the Owner may refuse to pay the whole or any part of any payment if, in their opinion, it would be incorrect to make such payment. They may also refuse to recommend to make any such payment, or because of subsequently discover evi- dence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in Architect's or Owner's opinion to protect Owner from loss because: -27-