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W <br /> WASTE MANAGEMENT <br /> 9.5.2 Unless otherwise provided in Contract Documents, payments made on account of operations <br /> completed and for materials and equipment stored on or off the Site shall be conditioned upon <br /> compliance by Contractor with procedures satisfactory to Owner's Authorized Representative to <br /> establish Owner's title to such materials and equipment or otherwise protect Owner's interests. <br /> Procedures shall include applicable insurance, storage, and transportation to the Site for <br /> materials and equipment stored off the Site. Contractor is responsible for maintaining materials <br /> and equipment until Substantial Completion of the Work. <br /> 9.6 Decisions to Withhold Recommendation <br /> 9.6.1 The Owner's Authorized Representative may decline to recommend payment and may withhold <br /> an Application for Payment in whole or in part to the extent reasonably necessary to protect <br /> Owner, if in the Owner's Authorized Representative's opinion there is reason to believe that there <br /> is: <br /> .1 non-conforming Work not remedied; <br /> .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the <br /> Contract Price; <br /> .3 damage to Owner or a Separate Contractor not remedied; <br /> .4 reasonable evidence that the Work will not be completed within the Contract Time and that <br /> the unpaid balance would not be adequate to cover actual and liquidated damages, if any; <br /> .5 a failure of Contractor to make payments properly to Subcontractors or for labor, materials, <br /> or equipment; <br /> .6 a failure of Contractor to carry out the Work in accordance with the Contract Documents; <br /> .7 Unsatisfied indemnity Claims or Liens; or <br /> .8 Any other basis to withhold payment authorized by the Agreement. <br /> 9.6.2 When the reasons for withholding recommendation are cured, Owner will authorize payment of <br /> amounts previously withheld not later than with the next Application for Payment received from <br /> Contractor. <br /> 9.7 Progress Payments <br /> 9.7.1 Owner will make payment in the amount recommended by Owner's Authorized Representative <br /> within sixty (60) Days after the date of Owner's receipt of Contractor's properly submitted <br /> Application for Payment. <br /> 9.7.2 A two (2) percent Owner discount will apply and may be taken on all Applications for Payment <br /> paid by Owner within fifteen (15) Days of Owner's receipt of the Application for Payment. <br /> 9.7.3 Owner has no obligation to pay or to facilitate the payment to a Subcontractor, except as may <br /> otherwise be required by Applicable Laws. Contractor will comply with the prompt payment <br /> requirements of the place of the Project. Owner may, at its sole discretion, make direct payments <br /> to any Subcontractor, payments by "joint check" or other arrangements designed to assure that <br /> Subcontractors are properly paid; and, Contractor shall cooperate therewith. <br /> 9.7.4 Owner may, on request and at the discretion of the Owner's Authorized Representative, furnish <br /> to any Subcontractor, if practical, information regarding the percentages of completion or the <br /> amounts applied for by Contractor, and the action taken thereon by Owner on account of Work <br /> done by such Subcontractor. <br /> 9.7.5 Neither a Recommendation for Payment nor the making of a progress payment by Owner shall <br /> constitute acceptance of Work which is not in accordance with the Contract Documents. <br /> 9.7.6 Contractor shall pay each Subcontractor who is entitled to receive payment from any progress <br /> payment paid by Owner within seven (7) Days of receipt of payment from Owner the amount the <br /> Subcontractor is entitled, less any Subcontract retainage. <br /> 9.7.7 Upon Owner's request, Contractor shall provide evidence to Owner of Contractor's proper and <br /> timely payment of Subcontractors. Should Contractor fail or refuse to provide satisfactory evidence <br /> to Owner of the proper and timely payment of Subcontractors, Owner shall have the right, but not <br /> 30 Jun-17 <br /> Ver.2.0 <br />