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200405934
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Last modified
10/16/2011 5:20:18 PM
Creation date
10/21/2005 2:02:39 AM
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DEEDS
Inst Number
200405934
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200405994 <br />5.13 Payment not Evidence of Performance: No payment for Trade Contractor's Work shall be conclusive <br />evidence of satisfactory performance or completion of the Work, either in whole or in part, and no <br />payment, including Final Payment shall be construed as an acceptance of defective or faulty or improper <br />Work or materials, nor shall it release Trade Contractor from any of its obligations under this Trade <br />Contract, nor shall entrance upon or use of the Project by the Owner constitute acceptance of defective or <br />faulty or improper Work, unless such acceptance or release is expressly stated in a Change Order. <br />SECTION 6 <br />Contract Deliverables <br />6.1 Contract Deliverables and Updating Thereof. On or before the execution of this Trade Contract, Trade <br />Contractor shall deliver to SIGNATURE the following contract deliverable items which Trade Contractor <br />certifies to SIGNATURE as being currently true, accurate and correct with no material changes: <br />6.1.1 A copy of its contractor's license, if required; <br />6.1.2 A copy of its Sales Tax Registration Certificate; <br />6.1.3 A copy of its payment and performance bonds, if required; <br />6.1.4 A list of all tiers of subcontractors and suppliers (including their addresses and the amounts due or <br />to become due them), which list shall be updated with each Progress Payment Application <br />showing all additions, deletions and substitutions to such list, the contract deliverables for each <br />new subcontractor, supplier of any tier, and revised amounts due or to become due; <br />6.1.5 A copy of any certificate of qualification required by the Contract Documents or applicable law or <br />regulation, including but not limited to certification as a Minority Business Enterprise or other <br />status requiring certification; and <br />6.1.6 All other information required by this Trade Contract to be submitted contemporaneously with its <br />execution. <br />6.2 Conditional Assignment and Undertaking to Continue Performance: <br />6.2.1 Obligation of Trade Contractor. Trade Contractor shall not enter into any agreement to <br />Subcontract any portion of the Trade Contractor's Work or to purchase any materials or <br />equipment unless it obtains from each such subcontractor or supplier, on forms furnished by <br />SIGNATURE, a Conditional Assignment and Undertaking to Continue Performance on behalf of <br />SIGNATURE. Trade Contractor shall deliver each original executed Conditional Assignment and <br />Undertaking to Continue Performance to SIGNATURE within five (5) days of its execution. <br />6.2.2 Obligation of Subcontractor Supplier Vendor or Materialman. Each subcontractor or supplier <br />shall execute the Conditional Assignment and Undertaking to Continue Performance, agreeing <br />that it will continue and complete the performance of its contractual obligations on behalf of <br />SIGNATURE at no additional cost to SIGNATURE beyond the remaining unpaid balance of in its <br />subcontract price with Trade Contractor. <br />6.2.3 Activation by SIGNATURE. Upon written notice by SIGNATURE to any subcontractor or <br />supplier that Trade Contractor has defaulted under this Trade Contract, without obligation of the <br />subcontractor or supplier to independently confirm the accuracy of the assertion of such default, <br />or to receive proof of the default, the Conditional Assignment to SIGNATURE shall become <br />effective, and the subcontractor or supplier immediately shall undertake to continue performance <br />as directed by SIGNATURE. <br />6.2.4 Limitation of SIGNATURE's Obli ag tion. Upon activation by SIGNATURE of the Conditional <br />Assignment and Undertaking to Continue Performance, all prior payments received by the <br />subcontractor or supplier, or paid to the Trade Contractor for the Work of the subcontractor or <br />supplier shall be credited toward any sums due under the terms of the Conditional Assignment and <br />Undertaking to Continue Performance. SIGNATURE shall not be obligated to perform or <br />Initial / <br />4 <br />
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