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Subcontract#: 061804-017 <br /> Page 22/Rev 171204 <br /> c) Owner provides payment to Contractor for the Subcontractor's Work; and <br /> d) Subcontractor provides all final paperwork required by Contractor from Subcontractor. <br /> 7.5 Final_Pajment: Contractor shall make final payment to Subcontractor, for the unpaid balance <br /> of the Subcontract Amount, including retainage, within seven (7) calendar days after Owner provides <br /> final approval and acceptance of Subcontractor's Work and provides final payment to Contractor. <br /> a) Final payment is subject, at all times, to Subcontractor furnishing all lien waivers, its required <br /> Subordinate Contractor or Material Supplier Certification of Payment, and other necessary <br /> proof that all labor, materials and other obligations incurred by the Subcontractor in connection <br /> with performance of the Work have been paid in full or otherwise resolved. <br /> b) Final payment shall constitute a waiver of all claims by Subcontractor relating to the Work, but <br /> shall in no way relieve the Subcontractor of liability for the warranty obligations assumed in <br /> Sections 10.1 and 10.2 for repair of defective work appearing after final payment. <br /> c) Final payment does not constitute or imply acceptance by Contractor or Owner of any portion <br /> of the Subcontractor's Work. <br /> 7.6 Extra-work Contractor Allowance: For items of Work not listed in Schedule A for which <br /> Subcontractor prices are negotiated with Owner with participation of Contractor, Subcontractor agrees <br /> that Contractor may apply a contractor allowance in addition to Subcontractor's costs submitted to <br /> Owner for such extra Work as the compensation for such items. <br /> 7.7 Direct Negotiation Deduction: For items of Work not listed in Schedule A for which <br /> Subcontractor prices are negotiated with Owner without participation by Contractor, Contractor shall <br /> retain 4` 10% of the gross payment or allowance for such work or materials to cover Contractor's <br /> contingent expense and margin. <br /> 7.8 Final/Conclusive: Contractor's measurements, estimates, and computations as to quantities <br /> and amount of Work done, will in all cases be accepted by the Parties as final and conclusive. <br /> Subcontractor accepts Contractor's computations and waives all claims related to the same upon <br /> submission of lien waivers to Contractor for payment. Should Subcontractor dispute Contractor's <br /> computation it must submit a claim for payment under Article 11 of this Agreement. In any event, <br /> Contractor's liability to Subcontractor shall not exceed amounts received by Contractor from Owner <br /> for Subcontractor's Work. In the event that the final quantities as determined by Own— an-! <br /> Contractor are less than those already paid to Subcontractor, Subcontractor must return any <br /> overpayment within 5 days of notice from Contractor. <br /> 7.9 Lien Waivers: In connection with any payment requested by Subcontractor, Subcontractor will <br /> be required to supply any and all documents requested by Owner or Contractor with respect to such <br /> payment, including, but not limited to, lien waivers and/or releases, from Subcontractor and any other <br /> person/entity performing any portion of the Work on behalf of Subcontractor, and any other <br /> documentation necessary to support the amount of payment sought. <br /> 7.10 Back Charges and Setoffs: In the event Contractor pays any charges incurred by or damages <br /> or losses caused by Subcontractor, Subcontractor must reimburse Contractor in full within ten (10) <br /> calendar days after such payments are made. Contractor may deduct any amounts it pays or losses <br /> it incurs caused by Subcontractor's performance under the Contract Documents from amounts owed <br /> to Subcontractor. <br /> chi si 3ltF 'r 43�1i3{ �se Ge* r <br /> Equal Opportunity/Affirmative Action Employer <br />