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4.2 SR 01-02-2024
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4.2 SR 01-02-2024
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Rolling Hills Pond Dredging <br />Ell< River, Minnesota <br />sole responsibility for the care and protection of the work, or the restoration of any damaged work <br />except such as may be caused by agents or employees of the Owner. <br />19.5 Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to <br />the 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, <br />but except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within <br />thirty (30) days of completion and acceptance of the work. <br />19.6 The Contractor will indemnify and save the Owner or the Owner's agents harmless from all <br />claims growing out of the lawful demand of subcontractors, laborers, workers, mechanics, material, <br />men, and furnishers or machinery and parts thereof, equipment, tools and all supplies incurred in the <br />furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish <br />satisfactory evidence that all obligations of the nature designated above have been paid, discharged or <br />waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either <br />pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed <br />reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that <br />all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed in <br />accordance with the terms of the Contract Documents, but in no event shall the provisions of this <br />sentence be construed to impose any obligations upon the Owner to either the Contractor, the <br />Contractor's surety, or any third party. In paying any unpaid bills of the Contractor, any payment so <br />made by the Owner shall be considered as a payment made under the Contract Documents by the <br />Owner to the Contractor and the owner shall not be liable to the Contractor for any such payments <br />made in good faith. <br />19.7 If the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition <br />to other remedies available to the Contractor, there shall be added to each such payment interest at <br />the maximum legal rate commencing on the first day after said payment is due and continuing until <br />the 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 <br />and for every act and neglect of the Owner and others relating to or arising out of this work. Any <br />payment, however, final or otherwise, shall not release the Contractor or its sureties from any <br />obligations under the Contract Documents or the Performance and Payment Bonds. <br />21. Insurance <br />21.1 The Contractor shall purchase and maintain such insurance as will protect it from claims set <br />forth below which may arise out of, or result from, the Contractor's execution of the work, whether <br />General Conditions 00700 - 13 <br />
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