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37 <br />Revised 01/24 <br />conditions for storage of such materials away from the Owner's property in a bonded warehouse <br />shall be within the sole discretion of the Owner. Requests for Payment on account of stored <br />materials shall be accompanied by paid invoices, bills of sale, warehouse receipts, or other <br />documentary evidence establishing Owner's title to such materials, evidence that the stored <br />materials are insured against loss and damage, and such other documentation as required by <br />the Designer. Responsibility for the quantity, quality, and condition of such stored materials, <br />whether stored on the Owner's property or away from the Owner's property, shall remain with <br />the Contractor regardless of ownership or title. No payment shall be made on account of <br />materials stored in a bonded warehouse unless the Contractor has acquired written permission <br />from the Designer for such storage of materials and has complied with all conditions set forth in <br />such permission regarding such storage of materials in a bonded warehouse. <br /> <br />20.4 Any Request for Payment received by the Designer on or before the fifth (5th) of the <br />calendar month shall be certified for payment or returned for re-submission to the Contractor on <br />or before the fifteenth (15th) of the calendar month. The Designer's certification shall be for the <br />amount which was requested or that which the Designer has decided was justly due, and shall <br />state in writing to the Contractor and Owner the reasons for withholding payment of any or all of <br />the amount requested. <br /> <br />20.5 The Designer may fail to certify all or part of any payment requested for any of the <br />following reasons: <br /> <br />a) Defective Work not corrected. <br /> <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 /> <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 /> <br />e) Damage to the Owner or another contractor. <br /> <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 /> <br />g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in <br />accordance with the Submittal Register. <br /> <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 /> <br />20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work <br />or any part thereof. <br /> <br />Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4