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DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 <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 />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 form 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 />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 />condition to the satisfaction of the Architect, at no additional cost to the Owner." <br />SGC -13 <br />