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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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200405934 <br />of work completed for each component part of Trade Contractor's approved Schedule of Values including <br />executed Change Orders, the amount of all previous payments and the amount of current retainage. <br />(a) Progress payment applications shall have attached: <br />(1) Information confirming orders for long lead time, items indicating delivery dates in <br />accordance with the Project Schedule including Trade Contractor's Purchase Order <br />number and the supplier's confirmation thereof; <br />(2) a fully- executed, current Monthly Statement of Trade Contractor to SIGNATURE that all <br />sums due to Trade Contractor's subcontractors and material suppliers from the previous <br />Progress Payment have been paid to such subcontractors and material suppliers and a <br />fully- executed Affidavit and Partial Waiver of Claims and Liens reflecting all previous <br />progress payments valid under the Mechanics Lign laws of the state where the Project is <br />located on forms conforming to the requirements of SIGNATURE, the Owner, the <br />Architect and any construction lender or title insurance company; <br />(3) from each lower -tier subcontractor and material'supplier, such invoices, supporting data, <br />sworn statements and waivers of lien as SIGNATURE, the Owner, the Architect and any <br />construction lender or title insurance company may require confirming that: <br />(i) all monies due such persons are known and paid; <br />(ii) any liens or claims for its work to date are waived and released; and <br />(iii) as to Trade Contractor's Work the Project is lien -free; <br />(4) from suppliers of fixtures and equipment, disclaimers of any purchase money security <br />interest and evidence that all fixtures and equipment are and will remain free of security <br />interests of any kind; <br />(5) supplementary statements advising SIGNATURE of any change in information <br />previously furnished by Trade Contractor, and, if requested, a sworn statement that no <br />changes have occurred since the last statement furnished; <br />(6) such other documents as may from time to time be required by SIGNATURE, the <br />Owner, the Architect, Surety and any construction lender or title company. <br />(b) The application for Final Payment shall have attached: <br />(1) a fully- executed, current Monthly Statement of Trade Contractor to SIGNATURE, a <br />fully- executed previous progress payment Affidavit and Final Waiver of Claims and <br />Liens and Release of Rights; <br />(2) if required by SIGNATURE, similar statements, affidavits and waivers for all <br />subcontractors and material suppliers on forms furnished by SIGNATURE. <br />(3) such other documents as may be required by SIGNATURE, the Owner, the Architect and <br />any construction lender or title company. <br />5.3 Evidence of Lien, Claim or Damage: <br />(a) If there is evidence of any lien or claim arising from Trade Contractor's Work for which <br />SIGNATURE or Owner might become liable; or, if Trade Contractor causes damage to the work <br />of others, SIGNATURE may retain out of any payment then due or to become due Trade <br />Contractor, an amount sufficient to indemnify SIGNATURE and the Owner for any loss or <br />damage either may sustain in discharging such liens, claims or damage, including reasonable <br />attorneys' fees and disbursements. <br />Initial_/ <br />
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