5.4. SR 05-21-2007 - Laserfiche WebLink

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9.3.3 Subparagraph; Delete in its entirety and substitute the following: The Contractor warrants and agrees that title to all Work will pass to the Owner either by incorporation in the construction or upon the receipt of payment therefor by the Contractor, which ever occurs first, free and clear of all liens, claims, security interests, or encumbrances whatsoever, that the vesting of such title shall not impose any obligations on Owner or relieve Contractor of any of its obligations under the Contract, that the Contractor shall remain responsible for damage to or loss of the Work, whether completed or under construction, until responsibility for the Work has been accepted by Owner in the manner set forth in the Contract Documents, and that no Work covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 9.4.2 Subparagraph; Line 2; After "and" add "on all other information available to the Architect including, without limitation,"; Beginning in Line 5; After "Documents" delete period and add "and that all lien waivers and certificates required under the Contract Documents have been furnished to the Architect in proper form."; Delete the second sentence of the Subparagraph in its entirety and add "The foregoing representations are subject to specific qualifications stated by the Architect in the Certificate For Payment.". 9.5.1.6 Clause; Line 2; Delete "and" and add "or". 9.5.1.7 Clause; Line 1; Delete "persistent". 9.6.1 Subparagraph; Add at end: The Owner may withhold payment if it reasonably believes that the Architect has issued a Certificate for Payment in error, but only such part of the amount certified for payment the Owner reasonably believes to be in error may be withheld from payment. In such case, Owner, Contractor and Architect shall meet within 10 days to try to reach agreement regarding the amount withheld from payment. Furthermore the Owner may refuse to make payment on any Certificate for Payment for any default of the Contract, including, but not limited to those defaults set forth in Clauses 9.5.1.1 through 9.5.1.7. The Owner shall not be deemed in default by reason of withholding payment while any of such defaults remain uncured. 9.7.1 Subparagraph; Line 2; After "if' add "subject to the payment of undisputed amounts pursuant to the provisions of Section 9.6.1." 9.8.1 Subparagraph; Line 2; After "thereof' add "(which the Owner agrees to accept separately)". 311340vl JMS ELlSH 8