Common use of FINAL COMPLETION AND FINAL PAYMENT Clause in Contracts

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBC’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file format, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBC, refuses to furnish a release or waiver required by the Owner, the DBC may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBC, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design- Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable is complete under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld withheld, retained, or remaining to be paid by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains remain unsatisfied after payments are made, and if the DBC Design-Builder has not furnished a bond to indemnify the Owner against such liens, claims, security interests, or encumbrances, then the Design-Builder shall refund to the Owner all money reasonable amounts that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled at the time of making payment; .2 failure of the Work to comply with the requirements of the Design-Build Documents; .3 terms of special warranties required by the Design-Build Documents; or .4 indemnity obligations

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt Final payment, constituting the entire unpaid balance of the DBC’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for PaymentContract Sum, shall be made by the Owner will promptly make such inspectionto the Contractor when 1. When the Owner finds the Work acceptable under the Design-Build Documents and The Contractor has fully performed the Contract fully performedexcept for the Contractor’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, the Owner willand to satisfy other requirements, subject to Section 9.10.2if any, promptly issue a which extend beyond final payment; and 2. A final Certificate for Paymentpayment has been issued by the Architect. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.remains § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design- Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.the § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work fully completed and accepted. If to comply with the remaining balance for Work not fully completed or corrected is less than retainage stipulated in requirements of the Design-Build Documents, and if bonds have been furnished, the written consent ; or .3 terms of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted special warranties required by the DBC to Design-Build Documents. § 9.10.5 Acceptance of final payment by the Owner prior to issuance of payment. Such payment Design-Builder shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claimsclaims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.the § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to to § 9.10.4 [Omitted]. § 9.10.5 Acceptance of final payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC to the Owner prior to issuance of payment. Such payment Design-Builder shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claimsclaim except those previously made in writing and identified by the Design-Builder as unsettled at t Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design- Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in .3 terms of special warranties required by the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBC’s written notice from Design-Builder that the entire Work or an agreed portion thereof is ready for final inspection and acceptance complete and upon receipt of a final Final Application for Payment, the Owner will promptly make a final inspection with Design-Builder and will notify Design-Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design-Builder shall immediately take such inspectionmeasures as are necessary to complete such Work or remedy such deficiencies. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. Upon demand by the Owner, Design-Builder shall provide and file a bond for discharge of any lien, as required by Lien Law, State of New York, Section 21. § 9.10.2.1 If any Contractor refuses to furnish a release or waiver as required by the Owner, the Design-Builder may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Design-Builder shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorney’s fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment. Owner has the right to demand such waiver in writing from Design-Builder as a condition precedent to making final payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner Manager will promptly make such inspection. When the Owner Manager finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner Manager will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. All warranties and guaranties required under or pursuant to the Contract Documents shall be assembled and delivered by the Design- Builder as part of the final application for payment. The Final Certificate for Payment will not be issued until all warranties and guaranties have been received and accepted by the Manager. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner Manager or the OwnerManager’s property might be responsible or encumbered, (less amounts withheld by OwnerManager) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the OwnerManager, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the OwnerManager, (8) a certificate executed by Design-Builder stating that all other terms of the Agreement have been satisfied and (9) receipt of a certificate of occupancy (or equivalent) and security accreditation from the applicable governmental authority has occurred and Manager’s receipt of Final inspection and approval of the Work by all authorities having jurisdiction over the Work. If an Architect/, Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the OwnerManager, the DBC Design-Builder may furnish a bond satisfactory to the Owner Manager to indemnify the Owner Manager against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner Manager all money that the Owner Manager may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.. If a Subcontractor refuses to furnish a release or waiver required by the Manager, the Design-Builder may furnish a bond satisfactory to the Manager to indemnify the Manager against such lien. If such lien remains unsatisfied after payments are made, the Design-Builder shall refund to the Manager all money that the Manager may be compelled to pay in discharging such lien, including all § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner Manager shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner Manager prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design- Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.and § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design- Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) all manufacturer’s warranties, guarantees, product data, and maintenance and operations manualsmanuals required under the Design-Build Documents, (7) an assignment of all manufacturer’s warranties related to materials and labor used in the Work, (8) a statement that the Design Builder has complied with Section 9.10.2.1 (below), (9) all certificates not previously delivered pursuant to Section 15.5 and (710) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design- Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. 1. Before it is entitled to receive final payment, the Design-Builder shall submit to the Owner the originals of the permits, licenses, certificates, and approvals that the Design-Builder received pursuant to Section 5.5. § 9.10.3 If, after Substantial Completion of the Work, final completion Final Completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completionFinal Completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design- Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.If § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBC, refuses to furnish a release or waiver required by the Owner, the DBC may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees., § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment. § 9.10.6 The payment process shall comply with the Florida Prompt Payment Act.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner Manager will promptly make such inspection. When the Owner Manager finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner Manager will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. All warranties and guaranties required under or pursuant to the Contract Documents shall be assembled and delivered by the Design- Builder as part of the final application for payment. The Final Certificate for Payment will not be issued until all warranties and guaranties have been received and accepted by the Manager. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner Manager or the OwnerManager’s property might be responsible or encumbered, (less amounts withheld by OwnerManager) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the OwnerManager, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the OwnerManager, (8) a certificate executed by Design-Builder stating that all other terms of the Agreement have been satisfied and (9) receipt of a certificate of occupancy (or equivalent) and security accreditation from the applicable governmental authority has occurred and Manager’s receipt of Final inspection and approval of the Work by all authorities having jurisdiction over the Work. If an Architect/, Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the OwnerManager, the DBC Design-Builder may furnish a bond satisfactory to the Owner Manager to indemnify the Owner Manager against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner Manager all money that the Owner Manager may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees. If a Subcontractor refuses to furnish a release or waiver required by the Manager, the Design-Builder may furnish a bond satisfactory to the Manager to indemnify the Manager against such lien. If such lien remains unsatisfied after payments are made, the Design-Builder shall refund to the Manager all money that the Manager may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner Manager shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner Manager prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment.and § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design -Builder submits to the Owner Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner Manager or the OwnerManager’s property might be responsible or encumbered, (less amounts withheld by OwnerManager) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the OwnerManager, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the OwnerManager, (8) a certificate executed by Design-Builder stating that all other terms of the Agreement have been satisfied and (9) receipt of a certificate of occupancy (or equivalent) and security accreditation from the applicable governmental authority has occurred and Manager’s receipt of Final inspection and approval of the Work by all authorities having jurisdiction over the Work. If an Architect/, Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the OwnerManager, the DBC Design-Builder may furnish a bond satisfactory to the Owner Manager to indemnify the Owner Manager against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner Manager all money that the Owner Manager may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.or § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner Manager shall, upon application by the DBC, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.upon

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.the § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment. § 9.10.6 Payment shall be processed in accordance with the Local Government Prompt Payment Act as outlined in § 218.735, FS.

FINAL COMPLETION AND FINAL PAYMENT. § 9.10.1 Upon receipt of the DBCDesign-Builder’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the DBC Design-Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design- Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the DBC Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design- Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-as- constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction on paper and one scanned electronic file delivered in pdf file formatconstruction, (6) manufacturer’s warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect/Engineer, a Consultant, or a Contractor, or other person or entity providing services or work for the DBCDesign-Builder, refuses to furnish a release or waiver required by the Owner, the DBC Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the DBC Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.and § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the DBC Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the DBCDesign-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the DBC Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design- Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment.