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be required to comply with all federal, state and local antidiscrimination laws, regulations <br /> and policies that relate to the performance of Contractor's services under this Agreement. <br /> f. If activities related to the performance of this Agreement require specific licenses, <br /> certifications, or related credentials Contractor represents that it and/or its employees, <br /> agents and subcontractors engaged in such activities possess such licenses, certifications, <br /> or credentials and that such licenses certifications, or credentials are current, active, and <br /> not in a state of suspension or revocation. <br /> 5. PAYMENT & TAXES <br /> a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this <br /> Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- <br /> exceed Six Hundred Seventy Nine Thousand Three Hundred Twenty Six Dollars <br /> ($679,326). Not later than the fifth (5th) day of each calendar month the Contractor shall <br /> submit to the Owner's Representative, generally the architect if an architect is retained on <br /> the Work, a Request for Payment for work done during the previous calendar month. <br /> i. The Request for Payment shall be in form of a standardized invoice or AIA <br /> Document G702-703 appropriately addressed to Owner's Representative at Orange <br /> County and shall show substantially the value of work done during the previous <br /> calendar month. <br /> ii. The amount due for payment shall be ninety-five percent (95%) of the value of <br /> work completed since the last Request for Payment and this amount shall be paid <br /> by the Owner on or before the last business day of the month. Owner shall retain <br /> five percent(5%). <br /> iii. Upon Owner's Representative's certification that fifty percent (50%) of the Work <br /> has been satisfactorily completed, Owner with written consent of surety shall not <br /> retain any further retainage from periodic payments due the Contractor, provided <br /> the Contractor continues to perform satisfactorily and any nonconforming work <br /> identified in writing prior to that time by the Owner's Representative. If Owner <br /> determines that Contractor's work is unsatisfactory, the Owner may reinstate <br /> retainage. <br /> iv. Final payment shall not be due to the Contractor until thirty (30) days after one <br /> hundred percent (100%) of the Work, including punch list work, has been <br /> satisfactorily completed and an appropriate affidavit as required in Section 7(c) <br /> below has been received by Owner. <br /> b. Should Owner reasonably determine that Contractor has failed to perform the Work related <br /> to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) <br /> days to cure the breach. Owner may withhold the accompanying payment without penalty <br /> until-such time as Contractor cures the breach. <br /> i. Should Contractor or its representatives fail to cure the breach within ten (10) days, <br /> or fail to reasonably agree to such modified schedule, Owner may immediately <br /> terminate this Agreement in writing, without penalty or incurring further obligation <br /> to Contractor. <br /> Revised December 2010 3 <br />