Common use of Prerequisites for Final Payment Clause in Contracts

Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 A full release of all Stop Payment Notices served in connection with the Work shall be submitted by Developer. 21.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 from each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Payment. 21.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment compliant with Civil Code section 8134 from each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s). 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from Developer. 21.2.5 Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 Each Subcontractor shall have delivered to Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer must have completed all requirements set forth under “Close-Out/Certification Procedures,” including, without limitation, submission of an approved set of complete Record Drawings. 21.2.8 Architect shall have issued its written approval that final payment can be made. 21.2.9 Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 Developer shall have completed final clean up as provided herein.

Appears in 7 contracts

Samples: General Construction Agreement, General Construction Agreement, General Construction Agreement

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Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 A 20.2.1 With respect to all Stop Notices served upon District by subcontractors and suppliers for which Developer is responsible, a full and final waiver or release of all Stop Payment Notices served in connection with the Work shall be submitted by Developer, including a notarized release of Stop Notice, together with (to the extent permitted by law) a copy of the full and final release of all Stop Notice rights or a Stop Notice Release Bond. 21.2.2 20.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 3262 from the Developer and each subcontractor of any tier and supplier to be paid from the final current Tenant Improvement Payment.; 21.2.3 20.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment progress payment compliant with Civil Code section 8134 3262 from the Developer and each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s).Payment; and 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from Developer. 21.2.5 20.2.4 The Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 20.2.5 Each Subcontractor shall have delivered to the Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 20.2.6 Developer must have completed all requirements set forth under “Close-Out/Certification Close Out Procedures,” includingIncluding, without limitation, submission of an approved set of complete Record As-Built Drawings. 21.2.8 20.2.7 Architect shall have issued its written approval that final payment can be made. 21.2.9 20.2.8 The Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 20.2.9 The Developer shall have completed final clean up as provided herein. 20.2.10 After approval by the District of the Architect’s Certificate of Payment, 20.2.11 After the satisfaction of the conditions set forth herein, and 20.2.12 After thirty-five (35) days after the recording of the Notice of Completion by District. 20.2.13 No interest shall be paid on any amounts withheld due to a failure of the Developer to perform, in accordance with the terms and conditions of the Contract Documents.

Appears in 2 contracts

Samples: Facilities Lease Construction Provisions, Facilities Lease Construction Provisions

Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 10.2.1. A full release of all Stop Payment Notices served in connection with the Work shall be submitted by DeveloperContractor. 21.2.2 10.2.2. A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 8136, from the Contractor and each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Paymentpayment. 21.2.3 10.2.3. A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment progress payment compliant with Civil Code section 8134 8134, from the Contractor and each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s)progress payments. 21.2.4 10.2.4. A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from Developerthe Contractor on the form provided by District. 21.2.5 Developer 10.2.5. The Contractor shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 10.2.6. Each Subcontractor shall have delivered to Developer the Contractor all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer 10.2.7. Contractor must have completed all requirements set forth under “Close-Out/Certification Procedures,” includingin this Agreement and the exhibits hereto, including without limitation, submission of an approved set of complete Record Drawings.Exhibit B and Exhibit E. 21.2.8 Architect 10.2.8. District or its authorized representative shall have issued its written approval that final payment can be made. 21.2.9 Developer 10.2.9. The Contractor shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 Developer 10.2.10. The Contractor shall have completed final clean clean-up as provided herein.

Appears in 1 contract

Samples: Design Build Agreement

Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 A full release of all Stop Payment Notices served in connection with the Work shall be submitted by Developer. 21.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 from each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Payment. 21.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment compliant with Civil Code section 8134 from each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s). 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from Developer. 21.2.5 Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents.fulfill 21.2.6 Each Subcontractor shall have delivered to Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer must have completed all requirements set forth under “Close-Out/Certification Procedures,” including, without limitation, submission of an approved set of complete Record Drawings. 21.2.8 Architect shall have issued its written approval that final payment can be made. 21.2.9 Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 Developer shall have completed final clean up as provided herein.

Appears in 1 contract

Samples: General Construction Agreement

Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 A full release of all Stop Payment Notices served in connection with the Work shall be submitted by Developer. 21.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 from each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Payment. 21.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment compliant with Civil Code section 8134 from each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s). 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from the Developer. 21.2.5 The Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 Each Subcontractor shall have delivered to the Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer must have completed all requirements set forth under “Close-Out/Certification Procedures,” including, without limitation, submission of an approved set of complete Record Drawings. 21.2.8 Architect shall have issued its written approval that final payment can be made. 21.2.9 The Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 The Developer shall have completed final clean up as provided herein.

Appears in 1 contract

Samples: General Construction Agreement

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Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 A full release of all Stop Notices and Stop Payment Notices served in connection with the Work shall be submitted by Developer. 21.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 from the Developer and each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Payment. 21.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment compliant with Civil Code section 8134 8138 from the Developer and each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s). 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from the Developer. 21.2.5 The Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 Each Subcontractor shall have delivered to the Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer must have completed all requirements set forth under “Close-Out/Certification Out Procedures,” including, without limitation, submission of an approved set of complete Record As-Built Drawings. 21.2.8 Architect shall have issued its written approval that final payment can be made. 21.2.9 The Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 The Developer shall have completed final clean clean-up as provided herein.

Appears in 1 contract

Samples: Facilities Lease

Prerequisites for Final Payment. D R A F T The following conditions must be fulfilled prior to Final Payment: 21.2.1 A full release of all Stop Payment Notices served in connection with the Work shall be submitted by Developer. 21.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 from each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Payment. 21.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment compliant with Civil Code section 8134 from each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s). 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from the Developer. 21.2.5 The Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 Each Subcontractor shall have delivered to the Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer must have completed all requirements set forth under “Close-Out/Certification Procedures,” including, without limitation, submission of an approved set of complete Record Drawings. 21.2.8 Architect shall have issued its written approval that final payment can be made. 21.2.9 The Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 The Developer shall have completed final clean up as provided herein.

Appears in 1 contract

Samples: General Construction Agreement

Prerequisites for Final Payment. The following conditions must be fulfilled prior to Final Payment: 21.2.1 A full release of all Stop Payment Notices served in connection with the Work shall be submitted by Developer. 21.2.2 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code section 8136 from each subcontractor of any tier and supplier to be paid from the final Tenant Improvement Payment. 21.2.3 A duly completed and executed unconditional waiver and release upon Tenant Improvement Payment compliant with Civil Code section 8134 from each subcontractor of any tier and supplier that was paid from the previous Tenant Improvement Payment(s). 21.2.4 A duly completed and executed “AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS” from Developerthe Contractor. 21.2.5 The Developer shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of District required under the Contract Documents. 21.2.6 Each Subcontractor shall have delivered to the Developer all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work. 21.2.7 Developer must have completed all requirements set forth under “Close-Out/Certification Procedures,” including, without limitation, submission of an approved set of complete Record Drawings. 21.2.8 Architect shall have issued its written approval that final payment can be made. 21.2.9 The Developer shall have delivered to the District all manuals and materials required by the Contract Documents, which must be approved by the District. 21.2.10 The Developer shall have completed final clean up as provided herein.

Appears in 1 contract

Samples: General Construction Agreement

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