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DocuSign Envelope ID:489DFD84-DFCE-4E07-BB35-5F6A708DFA3A <br /> d. Contractor is an independent contractor of Owner. Any and all employees of the <br /> Contractor engaged by the Contractor in the performance of any work or services required <br /> of the Contractor under this Agreement, shall be considered employees or agents of the <br /> Contractor only and not of the Owner, and any and all claims that may or might arise under <br /> any workers compensation or other law or contract on behalf of said employees while so <br /> engaged shall be the sole obligation and responsibility of the Contractor. <br /> e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall <br /> 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 Two hundred forty six thousand six hundred dollars Dollars ($246,600.00). Not <br /> later than the fifth (51h) day of each calendar month the Contractor shall submit to the <br /> Owner's Representative, generally the architect if an architect is retained on the Work, a <br /> 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, Attention Jeff Thompson, PO Box 8181, Hillsborough NC 27278 and shall <br /> show substantially the value of work done during the previous 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 /> 1. Upon Owner's Representative's certification that ninety percent (90%) of <br /> the Work has been satisfactorily completed retainage may be discontinued. <br /> Retainage may be discontinued, at Owner's Discretion, so long as work <br /> continues to be completed satisfactorily and on schedule. <br /> iii. 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 /> Revised 10/14 3 <br />