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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> 41 <br /> not finally resolved. <br /> 21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract <br /> Documents has been certified by the Designer as completed, proper and suitable for occupancy <br /> and use, and has been approved by all federal, state and local agencies having jurisdiction. <br /> 21.8 The final Request for Payment shall be identified on its face as such and shall be <br /> presented by the Contractor to the Designer within thirty (30) days of completion of the Work. <br /> Final payment of the retained amount due the Contractor shall be made by the Owner within <br /> thirty (30) days after the later of (i)full and Final Completion of all Work required by the Contract <br /> Documents, and certification of such Work in accordance with paragraph 20.4; (ii) submission of <br /> the affidavits of other documentation required by Article 22; (iii) submission by the Contractor of <br /> a Request for Payment identified on its face as final and including the Designer's certification. <br /> ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT <br /> 22.1 The Final Payment due the Contractor on account of the Contract Documents shall not <br /> become due until the Contractor has furnished to the Owner through the Designer: (A) an <br /> affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for <br /> materials, services, or for any other reason in connection with the Work or performance of the <br /> Contract Documents have been satisfied and that no claims or liens exist against the Contractor <br /> in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn, <br /> and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by <br /> the Contractor for all Work performed and/or materials supplied by him in connection with the <br /> Project, and (ii) that all payments for materials, services, and for any other reason in connection <br /> with the subcontract or supply contract have been satisfied and that no claims or liens exist <br /> against the Subcontractor or supplier in connection therewith; and (C) the written consent of the <br /> Contractor's sureties to Final Payment. In the event that the Contractor cannot obtain an <br /> affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the <br /> Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the <br /> best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save <br /> the Owner harmless for all costs and expenses, including attorneys' fees, on account thereof. <br /> ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS <br /> 23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in <br /> its entirety without the prior written consent of the Owner. Except as may be required under <br /> terms of the bonds required by the Contract Documents, no funds or sums of money due or to <br /> become due to the Contractor under the Contract Documents may be assigned. <br /> ARTICLE 24. MEASUREMENTS <br /> 24.1 Before ordering material or doing Work which is dependent for proper size or installation <br /> upon coordination with building conditions, the Contractor shall verify all dimensions and shall <br /> be responsible for the correctness of same. No consideration will be given for any claim based <br /> on differences between the actual dimensions and those indicated in the Contract Documents. <br /> Any discrepancies between the Contract Documents and the existing conditions shall be <br /> referred to the Designer for adjustment before any Work affected thereby is begun. <br /> Revised 12/18 <br />