Common use of Certifications, Affirmations, and Warranties Clause in Contracts

Certifications, Affirmations, and Warranties. The undersigned Consultant (hereinafter "the Undersigned"), to support its entitlement to the requested final payment, and for and in consideration of payments made by Architect to the Undersigned, or to a subcontractor, materialman or supplier of the Undersigned, for work, services, materials or equipment provided or performed for the above-referenced Project, hereby affirms, certifies and warrants as follows: (a) The Undersigned has completed all of its work on the Project. (b) The Consultant Final Payment Request Amount set forth above represents the actual value of work performed through Final Completion of the Project and for which final payment is due under the terms of the Subcontract (and all authorized changes thereto) between the Undersigned and the Architect relating to the Project, including (i) all labor expended or furnished in the design or construction of the Project, (ii) all materials and equipment delivered to the site and either incorporated or to be incorporated in the Project; (iii) all materials, fixtures and equipment for the Project stored off-site to the extent authorized by Architect and for which payment therefor is permitted by the Subcontract, (iv) all services furnished or performed in the design or construction of the Project, and (v) all equipment used, or provided for use, in the construction of the Project. All of items (i) through (v) above are hereafter collectively referred to as "work performed for the Project." (c) Subject to receipt of the Consultant Final Payment Request Amount set forth above, the Undersigned certifies that it has received payment in full, including all retainage, for all work performed through Final Completion of the Project; and the Undersigned certifies that no further payments are or will be due to it on this Project; and the Undersigned further certifies that it has no claims, on its own behalf or on behalf of others, against Architect, Owner, or the Project, based upon or relating to work performed for the Project or otherwise relating to or arising from the Project, whether for labor, materials, equipment or otherwise relating to the Project. (d) The Undersigned has not assigned to anyone any claim, any lien, or any right to file or perfect a lien, against Owner, Owner's lenders, or the Project. (e) The Undersigned has paid in full all laborers, subcontractors, suppliers, materialman and others with respect to all work performed for the Project through Final Completion. (f) The Undersigned has not given or executed any security interests for or in connection with any materials, equipment, appliances, machines, fixtures or furnishings which have been or are to be installed as part of the Project, and is conveying good title to the same to Architect.

Certifications, Affirmations, and Warranties. The undersigned Consultant Architect (hereinafter "the Undersigned"), to support its entitlement to the requested final payment, and for and in consideration of payments made by Architect Owner to the Undersigned, or to a consultant, subcontractor, materialman or supplier of the Undersigned, for work, services, materials or equipment provided or performed for the above-above- referenced Project, hereby affirms, certifies and warrants as follows: (a) The Undersigned has completed all of its work on the Project, and has achieved Final Completion of the Project. (b) The Consultant Final Payment Request Amount set forth above represents the actual value of work performed through Final Completion of the Project and for which final payment is due under the terms of the Subcontract Contract (and all authorized changes thereto) between the Undersigned and the Architect Owner relating to the Project, including (i) all labor expended or furnished in the design or construction of the Project, (ii) all materials and equipment delivered to the site and either incorporated or to be incorporated in the Project; (iii) all materials, fixtures and equipment for the Project stored off-site to the extent authorized by Architect Owner and for which payment therefor is permitted by the SubcontractContract, (iv) all services furnished or performed in the design or construction of the Project, and (v) all equipment used, or provided for use, in the construction of the Project. All of items (i) through (v) above are hereafter collectively referred to as "work performed for the Project." (c) Subject to receipt of the Consultant Final Payment Request Amount set forth above, the Undersigned certifies that it has received payment in full, including all retainage, for all work performed through Final Completion of the Project; and the Undersigned certifies that no further payments are or will be due to it on this Project; and the Undersigned further certifies that it has no claims, on its own behalf or on behalf of others, against ArchitectOwner, Ownerand/or its lenders, or the Project, based upon or relating to work performed for the Project or otherwise relating to or arising from the Project, whether for labor, materials, equipment or otherwise relating to the Project. (d) The Undersigned has not assigned to anyone any claim, any lien, or any right to file or perfect a lien, against Owner, Owner's lenders, or the Project. (e) The Undersigned has paid in full all laborers, consultants, subcontractors, suppliers, materialman and others with respect to all work performed for the Project through Final Completion. (f) The Undersigned has not given or executed any security interests for or in connection with any materials, equipment, appliances, machines, fixtures or furnishings which have been or are to be installed as part of the Project, and is conveying good title to the same to ArchitectOwner.

Certifications, Affirmations, and Warranties. The undersigned Consultant Architect (hereinafter "the Undersigned"), to support its entitlement to the requested final payment, and for and in consideration of payments made by Architect Owner to the Undersigned, or to a consultant, subcontractor, materialman or supplier of the Undersigned, for work, services, materials or equipment provided or performed for the above-referenced Project, hereby affirms, certifies and warrants as follows: (a) The Undersigned has completed all of its work on the Project. (b) The Consultant Final Payment Request Amount set forth above represents the actual value of work performed through Final Completion of for the Project and above payment request period for which final payment is due under the terms of the Subcontract Contract (and all authorized changes thereto) between the Undersigned and the Architect Owner relating to the Project, including (i) all labor expended or furnished in the design or construction of the Project, (ii) all materials and equipment delivered to the site and either incorporated or to be incorporated in the Project; (iii) all materials, fixtures and equipment for the Project stored off-site to the extent authorized by Architect Owner and for which payment therefor is permitted by the SubcontractContract, (iv) all services furnished or performed in the design or construction of the Project, and (v) all equipment used, or provided for use, in the construction of the Project. All of items (i) through (v) above are hereafter collectively referred to as "work performed for the Project." (cb) Subject to receipt of payment for the Consultant Final Payment Request Amount set forth above, the Undersigned certifies that it has received payment in full, including all less retainage, for all work performed for the Project through Final the date set forth above (hereinafter the "Partial Completion of the Project; and Date"), and, except for retainage, the Undersigned certifies that no further payments are or will be due to it on this Project; and the Undersigned further certifies that it has no claims, on its own behalf or on behalf of others, against ArchitectOwner, Ownerand/or its lenders, or the Project, based upon or relating to work performed for the Project or otherwise relating through the Partial Completion Date, except for outstanding written requests for change orders previously submitted by Architect to or arising from Owner in writing and in conformity with the Project, whether for labor, materials, equipment or otherwise relating to terms of the ProjectAgreement between Owner and Architect. (dc) The Undersigned has not assigned to anyone any claim, any lien, or any right to file or perfect a lien, against Owner, Owner's lenders, or the Project. (ed) The Undersigned has paid in full all laborers, and, subject to retainage no greater than the percentage retainage held by Owner, all consultants, subcontractors, suppliers, materialman and others with respect to all work performed through and including the last application for the Project through Final Completionpayment for which Owner has paid Architect. (fe) The Undersigned has not given or executed any security interests for or in connection with any materials, equipment, appliances, machines, fixtures or furnishings which have been or are to be installed as part of the Project, and is conveying good title to the same to ArchitectOwner.

Certifications, Affirmations, and Warranties. The undersigned Consultant (hereinafter "the Undersigned"), to support its entitlement to the requested final payment, and for and in consideration of payments made by Architect to the Undersigned, or to a subcontractor, materialman or supplier of the Undersigned, for work, services, materials or equipment provided or performed for the above-referenced Project, hereby affirms, certifies and warrants as follows: (a) The Undersigned has completed all of its work on the Project. (b) The Consultant Final Payment Request Amount set forth above represents the actual value of work performed through Final Completion of for the Project and above payment request period for which final payment is due under the terms of the Subcontract (and all authorized changes thereto) between the Undersigned and the Architect relating to the Project, including (i) all labor expended or furnished in the design or construction of the Project, (ii) all materials and equipment delivered to the site and either incorporated or to be incorporated in the Project; (iii) all materials, fixtures and equipment for the Project stored off-site to the extent authorized by Architect and for which payment therefor is permitted by the Subcontract, (iv) all services furnished or performed in the design or construction of the Project, and (v) all equipment used, or provided for use, in the construction of the Project. All of items (i) through (v) above are hereafter collectively referred to as "work performed for the Project." (cb) Subject to receipt of Except for the Consultant Final Payment Request Amount set forth above, the Undersigned certifies that it has already received payment in full, including all less retainage, (i) for all prior Consultant Payment Requests and (ii) for all work performed for the Project through Final the date set forth above (the "Partial Completion of the ProjectDate"); and and, except for retainage, the Undersigned certifies that no further payments are or will be due to it on this Project; and the Undersigned further certifies that it has no claims, on its own behalf or on behalf of others, against Architect, Owner, Owner or the Project, based upon or relating to work performed for the Project or otherwise relating through the Partial Completion Date, except for outstanding written requests for change orders previously submitted by Consultant to or arising from Architect and by Architect to Owner in writing and in conformity with the Project, whether for labor, materials, equipment or otherwise relating to terms of the Project.Subcontract (dc) The Undersigned has not assigned to anyone any claim, any lien, or any right to file or perfect a lien, against OwnerArchitect, Owner's lenders, or the Project. (ed) The Except for the Consultant Payment Request Amount set forth above, the Undersigned certifies that it has paid in full all laborers, and, subject to retainage no greater than the percentage retainage held by Architect, all subcontractors, suppliers, materialman and others with respect to all work performed for the Project through Final Completionthe Partial Completion Date. (fe) The Undersigned has not given or executed any security interests for or in connection with any materials, equipment, appliances, machines, fixtures or furnishings which have been or are to be installed as part of the Project, and is conveying good title to the same to Architect.