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39 <br />Revised 01/24 <br />Owner except: <br /> <br />a) Claims arising from unsettled liens or claims against the Contractor. <br /> <br />b) Defective Work or materials appearing after Final Payment. <br /> <br />c) Failure of the Contractor to perform the Work in accordance with the Contract Documents. <br /> <br />d) As conditioned in the Performance Bond. <br /> <br />e) Claims made prior to Final Payment which remain unsettled. <br /> <br />f) Amounts due arising under Articles 18 and 28. <br /> <br />g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or <br />certificate. <br /> <br />21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the <br />Contractor except those claims previously made in writing pursuant to paragraph 15.2 and <br />not finally resolved. <br /> <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 /> <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 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 />Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4