Common use of Conditions to Final Payment; Acceptance and Liens Clause in Contracts

Conditions to Final Payment; Acceptance and Liens. Company, in its discretion, may withhold Work final acceptance and final payment until Provider (i) ensures the premises are cleaned up to Company’s satisfaction; and (ii) all Work is tested in accordance with the specifications and properly operating. Further, Provider shall submit to Company fully executed, complete and final lien waivers. If Provider fails or refuses to pay any Claim concerning the Agreement which has or may become a charge against Company or its property, whether it shall arise or be presented or discovered before or after final payment to Provider, Company, on notice or knowledge thereof, and on not less than three (3) days’ notice to Provider, may pay or settle or compromise any such Claim or do and perform such obligations, and Provider shall pay Company on demand the actual cost Company paid, or Company may deduct the amount from any sums due or to become due to Provider. No Company payment or use of the Work shall constitute Company’s acceptance of any Work. To the extent allowed by Law, Provider shall not have, create, establish or allow, and hereby waives any rights or claims it might otherwise have to or for, any mortgage, mechanics or other lien upon any Company property or right. Provider shall take all action reasonably necessary to (i) avoid the attachment of a lien on Company’s property, and (ii) remove any lien on Company’s property arising from or in connection with this Agreement. Provider, Subcontractors or materialmen, shall promptly and satisfactorily settle any such Claims.