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DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 41 <br /> b) Defective Work or materials appearing after Final Payment. <br /> c) Failure of the Design-Builder to perform the Work in accordance with the Contract <br /> Documents. <br /> d) As conditioned in the Performance Bond. <br /> e) Claims made prior to Final Payment which remain unsettled. <br /> f) Amounts due arising under Articles 17 and 28. <br /> g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or <br /> certificate. <br /> 20.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the <br /> Design-Builder except those claims previously made in writing pursuant to paragraph 14.2 and <br /> not finally resolved. <br /> 20.7 The Owner's Authorized Representative shall not authorize Final Payment until all of the <br /> Work under the Contract Documents has been certified by the Owner's Authorized <br /> Representative as completed, proper and suitable for occupancy and use, and has been <br /> approved by all federal, state, and local agencies having jurisdiction. <br /> 20.8 The final Request for Payment shall be identified on its face as such and shall be <br /> presented by the Design-Builder to the Owner's Authorized Representative within thirty (30) <br /> days of completion of the Work. Final payment of the retained amount due the Design-Builder <br /> shall be made by the Owner within thirty (30) days after the later of (i) full and Final Completion <br /> of all Work required by the Contract Documents, and certification of such Work in accordance <br /> with paragraph 19.4; (ii) submission of the affidavits of other documentation required by Article <br /> 21 ; (iii) submission by the Design-Builder of a Request for Payment identified on its face as final <br /> and including the Owner's Authorized Representative's certification. <br /> ARTICLE 21. DESIGN-BUILDER, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT <br /> 21.1 The Final Payment due the Design-Builder on account of the Contract Documents shall not <br /> become due until the Design-Builder has furnished to the Owner through the Owner's <br /> Authorized Representative: <br /> (a) an affidavit by the Design-Builder signed, sworn, and notarized to the effect that all <br /> payments for materials, services, or for any other reason in connection with the Work or <br /> performance of the Contract Documents have been satisfied and that no claims or liens exist <br /> against the Design-Builder in connection with the same; <br /> (b) affidavits from each Subcontractor and supplier signed, sworn, and notarized to the effect <br /> that (i) each such Subcontractor or supplier has been paid in full by the Design-Builder for all <br /> Work performed and/or materials supplied by it in connection with the Project, and (ii) that all <br /> payments for materials, services, and for any other reason in connection with the subcontract or <br /> supply contract have been satisfied and that no claims or liens exist against the Subcontractor <br /> or supplier in connection therewith; and <br /> Revised 2/17 <br />