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81001165
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Last modified
1/14/2010 9:15:03 AM
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1/14/2010 9:14:51 AM
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DEEDS
Inst Number
81001165
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h <br />~~ <br />ARTICLE V - ACCEPTA1dCE AND FINAL PAYMENT ~ 1 °!!!',j ~~ ~ ~ [DS <br />(a) Upon receipt of written notice that the work is ready for Final inspection <br />and accegtance, the Engineer will pramp*_ly mak= such inspection, and when he <br />finds the work acceptable under the Contract and the Contract fully performed, <br />he will promptly issue a final certificate, over his own signature, stating <br />that the work required by this Contract has been completed and is accepted by <br />him under the terms and conditions thereof, and the entird balance found to <br />be due the Cantractor, including the retained percentage, shall be paid to <br />the Contractor by Lhe Owner within 30 days after the date of said final cer- <br />tificate. <br />(b] Before issuance of final certificate, the Contractor shall suhmit evidence <br />satisfactory to the Engineer that all payrolls, materials, bills and other <br />indebtedness connected with the work have been paid, except that in case of <br />disputed indebtedness or liens, the Contractor may submit in lieu of evidence <br />of payment, a surety bond satisfactory to the Owner guaranteeing paynent of <br />a21 such disputed amounts when adjudicated. <br />(c) The making and acceptance of the final payment shall. constitute a waiver of <br />all claims by the Owner, other than those arising from unsettled Iiens, from <br />faulty work appearing within IZ months after final payment, from <br />requirements of the specifications, or from manufacturer's guarantees. It <br />sha21 ¢lsa constitute a waiver of all claims by the Contractor, except those <br />previously made and sti12 unsettled. <br />(d} If after the work has been substantially completed, full completion thereof <br />is materially delayed through ne fault of the Contractor, and the Engineer <br />so certifies, the Owner sha21, upon certificate of the Engineer and without <br />terminating the Contract, make payment of the balance due for that portion <br />of the work fully completed and accepted. Such payment shall be made under <br />the Leztns and conditions governing final payment, except that it shall net <br />constitute a waiver of claims. <br />IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day <br />and year first above written. <br />SANITARY ANB I6IPROVEPfENT <br />DISTRICT' N0. 1 OF <br />111,LL COUNTY, t~-EBRASKA <br />~~s ~~~,~., OWNER <br />WITNESS /~~~., TITLE <br />mss= <br />~ ~ ~~~ <br />h"n~or ('errs fr,~n f'«H Y_ i~P <br />COR7CRACTOR <br />WIT,YESS gy; ~ / TITLE <br />-- f-, -Si p f <br />v <br /> <br /> <br /> <br />
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