Common use of Acceptance of the Work and Final Payment Clause in Contracts

Acceptance of the Work and Final Payment. ‌ The work and services rendered under this Agreement will remain the property of CONTRACTOR and will not be deemed complete until a physical inspection and actual usage of the product(s) or service(s) is (are) accepted by COUNTY and will comply with the terms herein, in accord with the specifications and of the highest quality. Any goods or services purchased under this Agreement may be tested/inspected for compliance with the specifications listed. FINAL INSPECTION‌ When all materials have been furnished, all work has been performed, and the construction contemplated by this Agreement has been satisfactorily completed, COUNTY will make the final inspection. The final inspection will be completed within five business days of receipt of notification from CONTRACTOR. COUNTY will notify CONTRACTOR, if necessary, of any deficiencies, and CONTRACTOR will correct all deficiencies before final acceptance and payment is made. MAINTENANCE OF WORK‌ CONTRACTOR will maintain all work in as-new condition until the final inspection is completed and the work is accepted by COUNTY. All insurance will be maintained until final acceptance by COUNTY. FINAL ACCEPTANCE‌ When work or any portion thereof, as designated by COUNTY, is ready for its intended use, COUNTY and any other invited parties will inspect to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR will have 10 calendar days to correct all deficiencies. An $80.00 re-inspection fee will be applied for the third inspection and any required re-inspection thereafter. COUNTY will have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by COUNTY, a final invoice will be prepared by CONTRACTOR and submitted with Exhibit E – Final Payment Affidavit. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by COUNTY, as full settlement of the account under the agreement and of all claims in connection therewith. Occupancy by COUNTY alone does not constitute final acceptance. WAIVER OF CLAIMS‌ CONTRACTOR’S acceptance of final payment will constitute a full waiver of any and all claims by CONTRACTOR against COUNTY arising out of the Agreement or otherwise related work, except those previously made in writing and identified by CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance of the work nor payment by COUNTY will be deemed a waiver of COUNTY’S rights to enforce any continuing obligations of CONTRACTOR or to the recovery of damages for defective work not discovered by COUNTY at the time of final inspection.

Appears in 2 contracts

Samples: Contract Agreement, Service Agreement

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Acceptance of the Work and Final Payment. The work and services rendered under this Agreement will remain the property of CONTRACTOR and will not be deemed complete until a physical inspection and actual usage of the product(s) or service(s) is (are) accepted by COUNTY and will comply with the terms herein, in accord with the specifications and of the highest quality. Any goods or services purchased under this Agreement may be tested/inspected for compliance with the specifications listed. FINAL INSPECTION‌ When all materials have been furnished, all work has been performed, and the construction contemplated by this Agreement has been satisfactorily completed, COUNTY will make the final inspection. The final inspection will be completed within five business days of receipt of notification from CONTRACTOR. COUNTY will notify CONTRACTOR, if necessary, of any deficiencies, and CONTRACTOR will correct all deficiencies before final acceptance and payment is made. MAINTENANCE OF WORK‌ CONTRACTOR will maintain all work in as-new condition until the final inspection is completed and the work is accepted by COUNTY. All insurance will be maintained until final acceptance by COUNTY. FINAL ACCEPTANCE‌ When work or any portion thereof, as designated by COUNTY, is ready for its intended use, COUNTY and any other invited parties will inspect to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR will have 10 calendar days to correct all deficiencies. An $80.00 re-inspection fee will be applied for the third inspection and any required re-inspection thereafter. COUNTY will have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by COUNTY, a final invoice will be prepared by CONTRACTOR and submitted with Exhibit E – Final Payment Affidavit. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by COUNTY, as full settlement of the account under the agreement and of all claims in connection therewith. Occupancy by COUNTY alone does not constitute final acceptance. WAIVER OF CLAIMS‌ CONTRACTOR’S acceptance of final payment will constitute a full waiver of any and all claims by CONTRACTOR against COUNTY arising out of the Agreement or otherwise related work, except those previously made in writing and identified by CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance of the work nor payment by COUNTY will be deemed a waiver of COUNTY’S rights to enforce any continuing obligations of CONTRACTOR or to the recovery of damages for defective work not discovered by COUNTY at the time of final inspection.

Appears in 1 contract

Samples: Contract Agreement

Acceptance of the Work and Final Payment. ‌ The work and services rendered under this Agreement will remain the property of CONTRACTOR and will not be deemed complete until a physical inspection and actual usage of the product(s) or service(s) is (are) accepted by COUNTY LCWA and will comply with the terms herein, in accord with the specifications and of the highest quality. Any goods or services purchased under this Agreement may be tested/inspected for compliance with the specifications listed. FINAL INSPECTION‌ When all materials have been furnished, all work has been performed, and the construction contemplated by this Agreement has been satisfactorily completed, COUNTY LCWA will make the final inspection. The final inspection will be completed within five business days of receipt of notification from CONTRACTOR. COUNTY LCWA will notify CONTRACTOR, if necessary, of any deficiencies, and CONTRACTOR will correct all deficiencies before final acceptance and payment is made. MAINTENANCE OF WORK‌ CONTRACTOR will maintain all work in as-new condition until the final inspection is completed and the work is accepted by COUNTYLCWA. All insurance will be maintained until final acceptance by COUNTYLCWA. FINAL ACCEPTANCE‌ When work or any portion thereof, as designated by COUNTYLCWA, is ready for its intended use, COUNTY LCWA and any other invited parties will inspect to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR will have 10 calendar days to correct all deficiencies. An $80.00 re-inspection fee will be applied for the third inspection and any required re-inspection thereafter. COUNTY LCWA will have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by COUNTY LCWA to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by COUNTYLCWA, a final invoice will be prepared by CONTRACTOR and submitted with Exhibit E – Final Payment Affidavit. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by COUNTYLCWA, as full settlement of the account under the agreement and of all claims in connection therewith. Occupancy by COUNTY LCWA alone does not constitute final acceptance. WAIVER OF CLAIMS‌ CONTRACTOR’S acceptance of final payment will constitute a full waiver of any and all claims by CONTRACTOR against COUNTY LCWA arising out of the Agreement or otherwise related work, except those previously made in writing and identified by CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance of the work nor payment by COUNTY LCWA will be deemed a waiver of COUNTY’S LCWA’s rights to enforce any continuing obligations of CONTRACTOR or to the recovery of damages for defective work not discovered by COUNTY LCWA at the time of final inspection.

Appears in 1 contract

Samples: Contract Agreement

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Acceptance of the Work and Final Payment. The work and services rendered under this Agreement will remain the property of CONTRACTOR ofCONTRACTOR and will not be deemed complete until a physical inspection and actual usage of the ofthe product(s) or service(s) is (are) accepted by COUNTY and will comply with the terms tenns herein, in accord with the specifications and of the highest quality. Any goods or services purchased under this Agreement may be tested/inspected for compliance with the specifications listed. FINAL INSPECTION‌ When all materials have been furnished, all work has been performed, and the construction contemplated by this Agreement has been satisfactorily completed, COUNTY will make the final inspection. The final inspection will be completed within five business days of receipt of notification from CONTRACTOR. COUNTY will notify CONTRACTOR, if necessary, of any deficiencies, and CONTRACTOR will correct all deficiencies before final acceptance and payment is made. MAINTENANCE OF WORK‌ CONTRACTOR will maintain all work in as-new condition until the final inspection is completed and the work is accepted by COUNTY. All insurance will be maintained until final acceptance by COUNTY. FINAL ACCEPTANCE‌ When work or any portion thereof, as designated by COUNTY, is ready for its intended use, COUNTY and any other invited parties will inspect to verify its completeness and develop a punch list of items ofitems needing completion or correction before final payment will be made. CONTRACTOR will have 10 calendar days to correct all deficiencies. An $80.00 re-inspection fee will be applied for the third inspection and any required re-inspection thereafter. COUNTY will have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by COUNTY, a final invoice will be prepared by CONTRACTOR and submitted with Exhibit E – E- Final Payment Affidavit. The amount of this ofthis invoice, less any sums that may have been deducted or retained under the provisions of this ofthis Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined detennined by COUNTY, as full settlement of the account under the agreement and of all claims in connection therewith. Occupancy by COUNTY alone does not constitute final acceptance. WAIVER OF CLAIMS‌ CONTRACTOR’S acceptance of final payment will constitute a full waiver of any and all claims by CONTRACTOR against COUNTY arising out of the Agreement or otherwise related work, except those previously made in writing and identified by CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance of the work nor payment by COUNTY will be deemed a waiver of COUNTY’S rights to enforce any continuing obligations of CONTRACTOR or to the recovery of damages for defective work not discovered by COUNTY at the time of final inspection.

Appears in 1 contract

Samples: Contract for Rubber Surface Maintenance and Related Services

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