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DocuSign Envelope ID: 313DA256 -1EDE- 4396- A716- 4C53B809027E <br />the Project for the Contractor. The Contractor shall also keep on the Project at all times during <br />the Work of the Contractor a competent Resident Superintendent and necessary assistants who <br />shall not be replaced without prior written approval by the Designer or by the Owner if a <br />Designer is not retained for the Project. <br />i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise <br />unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the <br />Contract Price if and when directed by the Designer. <br />j. The Contractor shall attend all progress conferences and all other meetings or conferences. <br />The Contractor shall be represented at these progress conferences by a representative having <br />the authority of the Project Manager and by such other representatives as the Designer may <br />direct. <br />k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the <br />Contractor. Any Work in which untested materials are used without approval or written <br />permission of the Owner and/or Designer shall be removed and replaced at Contractor's <br />expense. <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 Dollars ($ ). Not later than the fifth (5th) day of each calendar month the <br />Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is <br />retained on the Work, a Request for Payment for work done during the previous calendar <br />month. <br />(i) The Request for Payment shall be in form of a standardized invoice or AIA Document <br />G702 -703 appropriately addressed to Owner's Representative at and shall show <br />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 work <br />completed since the last Request for Payment and this amount shall be paid by the <br />Owner on or before the last business day of the month. Owner shall retain five percent <br />(5 %) (the "Retainage "). <br />(1) Upon Owner's Representative's certification that ninety percent (90 %) of the <br />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 Final <br />Completion of the Work, including punch list work, has been satisfactorily completed <br />and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d) <br />below has been received by Owner. <br />b. Should Owner reasonably determine that Contractor has failed to perform the Work related to <br />a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to <br />cure the breach. Owner may withhold the accompanying payment without penalty until such <br />time as Contractor cures the breach. <br />Revised 9/13 3 <br />