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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> 39 <br /> a) Defective Work not corrected. <br /> b) Suits, actions, or claims of any character filed against the Contractor, or due to the operations <br /> of the Contractor, or information or notice that a suit, action, or claim will be filed or has been <br /> made. <br /> c) Information or notice that a Subcontractor or a supplier has not received payment. <br /> d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment <br /> of the Designer or Owner. <br /> e) Damage to the Owner or another contractor. <br /> f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet <br /> a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in <br /> accordance with paragraphs 13.15 and 13.17 hereof. <br /> g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in <br /> accordance with the Submittal Register. <br /> h) Such other reason as to the Designer may appear prudent, proper, or equitable. When <br /> grounds for withholding certification have been corrected, the Designer shall so certify to the <br /> Owner and the Owner shall make any payment due with respect to such certification as a part of <br /> his next payment after such certification. <br /> 20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work <br /> or any part thereof. <br /> 20.7 The amount certified by the Designer for payment shall be ninety-five percent (95%) of the <br /> value of Work completed and materials stored since the Designer's last certification as shown <br /> on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, <br /> and this amount shall be paid by the Owner on or before the last business day of the month, but <br /> payment shall not be past due until not paid within fifteen (15) days thereafter. <br /> 20.8 After certification by the Designer that the Work is fifty percent (50%) complete, based on a <br /> determination that the Contractor's gross project invoices, excluding the value of materials <br /> stored off-site, equal or exceed fifty percent (50%) of the value of the Contract, (except the <br /> value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross <br /> project invoices for the purpose of determining whether the Project is fifty percent (50%) <br /> complete) and the Contractor has provided to the Owner the written consent of its sureties to <br /> the cessation of further percentage retention, the amount certified for payment with respect to <br /> subsequent Requests for Payment shall be one hundred percent (100%) of the value of Work <br /> completed and materials stored since the Designer's last certification as shown on the Request <br /> for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5; <br /> provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and <br /> one half percent (97.5%) of the Contract Price. If the Owner determines that the Contractor's <br /> performance under the Contract is unsatisfactory, the Owner may resume withholding <br /> percentage retention from each subsequent periodic payment application up to the maximum <br /> amount of five percent (5%) of the Contract Price. <br /> Revised 12/18 <br />