Additional Conditions for Payment. Notwithstanding any provision contained in this Work Letter to the contrary, Landlord shall not be obligated to make any payment to Contractor if any one or more of the following conditions exist: (a) Tenant is in default in the performance of any of its obligations under this Work Letter or a default exists under the Lease; or (b) any part of such payment is attributable to work which is defective or not performed in accordance with the Approved Construction Documents, as determined by Landlord; provided, however, that such payment shall be made as to the part of the requested payment attributable to work which is performed in accordance with the Approved Construction Documents and is not defective.
Additional Conditions for Payment. No final payment (including the payment of Retainage) shall become due until the Contractor submits to the Construction Manager in form and substance satisfactory to Construction Manager and Owner the following: (1) an affidavit of Contractor that all payrolls, bills for labor, materials and equipment, and other indebtedness in connection with the Work for which Owner or Owner’s property might in any way be responsible or encumbered (less retainage withheld by Owner) have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment, (3) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days’ prior written notice has been given to the Construction Manager; (4) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (5) other data and written proof establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by Construction Manager or Owner, (6) all necessary building permits and approvals (including, without limitation, appropriate certificate(s) of occupancy) related to the construction of the Work, (7) all written warranties and guarantees required under the Contract Documents, (8) one reproducible copy of all as-built drawings, Drawings and Specifications, addenda, Change Orders and other Modifications recording all changes made during construction, and (9) a complete file of operation and maintenance manuals of equipment and materials as specified herein. Final payment shall not be made until Contractor provides, to Owner’s and Construction Manager’s satisfaction, all instruction sessions necessary or appropriate for operating personnel. If any Subcontractor or supplier or any other person or entity who performed Work pursuant to or through the Contract, fails or refuses to furnish the Releases required by the Contract, Construction Manager may elect, in its sole discretion, to require Contractor to furnish a bond satisfactory to Owner and Construction Manager to indemnify Owner and Construction Manager for all amounts that Owner could be compelled to pay (including, without limitation, attorneys’ fees and other costs of suit) to fully di...
