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DocuSign Envelope ID:A9CF8A9E-4CDB-4BB9-A678-D4AD80CD1393 <br /> sum properly allocable to labor, materials and equipment incorporated in the <br /> construction and ninety percent of the portion of the Contract sum properly <br /> allocable to materials and equipment suitably stored at the Site less the aggregate <br /> of previous payments in each case. Payments for materials or equipment stored <br /> on the Site shall be conditioned upon submission by the Contractor of Bills of <br /> Sale or such other procedures satisfactory to the Owner to establish the Owner's <br /> title to such materials or equipment or otherwise protect the Owner's interest. <br /> 4. In Subparagraph 9.3.3 delete the first sentence and insert in its stead the <br /> following: <br /> "Title to equipment, material, and Work performed passes upon acceptance by <br /> the Owner." <br /> B. Paragraph 9.10 "FINAL COMPLETION AND FINAL PAYMENT" <br /> 1. Add the following sentence at the end of Subparagraph 9.10.2: <br /> "Whether the lien is eventually released, waived, bonded off, or satisfied, the <br /> Contractor shall be liable to the Owner for any payments or costs incurred by the <br /> Owner, including reasonable attorney fees, and the Owner shall be entitled to <br /> deduct said payments from any retainage owed by the Owner to the Contractor." <br /> 2. Add the following new Clause 9.10.2.1: <br /> 9.10.2.1 Standard Form Lien Waivers: Unless specifically waived by Owner, <br /> and without limitation to Owner's right to require any other lien waiver pursuant <br /> to Paragraph 9.10.2 or any other portion of the Contract Documents, the <br /> Contractor shall submit prior to any final payment an Affidavit and Lien Waiver <br /> executed by the Contractor and each Subcontractor in accordance with the <br /> following forms: <br /> a. The Contractor shall use the form entitled, "Affidavit and Lien Waiver <br /> by Contractor" attached hereto as Exhibit B. <br /> b. Each Subcontractor shall use the four entitled "Affidavit and Lien <br /> Waiver by Subcontractor or Material Supplier" attached hereto as Exhibit <br /> C. <br /> The Contractor may request copies of these forms from the Owner as necessary. <br /> In the event the Owner, Contractor, or Subcontractor has received a Notice of <br /> Claim of Lien on Funds, or Claim of Lien, the Contractor and any Subcontractor <br /> affected shall furnish an Affidavit and Lien Waiver by Subcontractor or material <br /> supplier executed by each lien claimant of record in the form set forth as Exhibit <br /> B if the claimant is the contractor, or on Exhibit C if the lien claimant is a <br /> Subcontractor or material supplier. <br /> IX. MODIFICATIONS OF ARTICLE 10-PROTECTION OF PERSONS AND PROPERTY <br /> A. Paragraph 10.2 "SAFETY OF PERSONS AND PROPERTY" <br /> 1. Insert the following at the end of Clause 10.2.1.3: "The Contractor shall restore <br /> all lawn, shrubs, trees, walks, roadways, structures, and utilities not designated <br /> for removal, which are damaged or disturbed by this Work, to their original <br /> SGC - 13 <br />