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4.10 SR 10-16-2023
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4.10 SR 10-16-2023
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East Fiber Extension <br />Elk River, Minnesota <br /> <br /> <br />19.5 Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the <br />final payment request that the work has been accepted under the conditions of the Contract <br />Documents. The entire balance found to be due the Contractor, including the retained percentages, but <br />except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within thirty <br />(30) days of completion and acceptance of the work. <br /> <br />19.6 The Contractor will indemnify and save the Owner or the Owner's agents harmless from all claims <br />growing out of the lawful demand of subcontractors, laborers, workers, mechanics, material, men, and <br />furnishers or machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance <br />of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory <br />evidence that all obligations of the nature designated above have been paid, discharged or waived. If the <br />Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or <br />withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to <br />pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been <br />fully discharged whereupon payment to the Contractor shall be resumed in accordance with the terms of <br />the Contract Documents, but in no event shall the provisions of this sentence be construed to impose <br />any obligations upon the Owner to either the Contractor, the Contractor's surety, or any third party. In <br />paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a <br />payment made under the Contract Documents by the Owner to the Contractor and the owner shall not <br />be liable to the Contractor for any such payments made in good faith. <br />19.7 If the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition to <br />other remedies available to the Contractor, there shall be added to each such payment interest at the <br />maximum legal rate commencing on the first day after said payment is due and continuing until the <br />payment is received by the Contractor. <br />20.Acceptance of Final Payment as Release <br />20.1 The acceptance by the Contractor of final payment shall be and shall operate as a release to the <br />Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be <br />specifically excepted by the Contractor for all things done or furnished in connection with this work and <br />for every act and neglect of the Owner and others relating to or arising out of this work. Any payment, <br />however, final or otherwise, shall not release the Contractor or its sureties from any obligations under <br />the Contract Documents or the Performance and Payment Bonds. <br /> <br />21. Insurance <br />21.1 The Contractor shall purchase and maintain such insurance as will protect it from claims set forth <br />below whichmay arise out of, or result from, the Contractor's execution of the work, whether such <br />execution be by the Contractor, any subcontractor, or by anyone directly or indirectly employed by any <br />of them, or by anyone for whose acts any of them may be liable: <br />21.1 Claims under Workers’ Compensation, disability benefit, and other similar employee benefit acts; <br />00700 - 13 <br />General Conditions <br /> <br />
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