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45 <br /> 43.3.3. Failure of the CMAR to perform the Work in accordance with drawings and <br /> specifications,such failure appearing after payment. <br /> 43.3.4. As conditioned in the performance bond and payment bond. <br /> 43.4. The making and acceptance of final payment shall constitute a waiver of all claims for payment by <br /> the CMAR except those claims previously made and remaining unsettled. <br /> 43.5. Prior to submitting request for final payment to the Project Designer for approval,the CMAR shall <br /> fully comply with all requirements specified in the"Project closeout"section of the specifications. <br /> These requirements include but not limited to the following: <br /> 43.5.1. Submittal of Product and Operating Manuals, Warranties and Bonds, Guarantees, <br /> Maintenance Agreements, As-Built Drawings, Certificates of Inspection or Approval <br /> from agencies having jurisdiction. (The Project Designer must approve the Manuals prior <br /> to delivery to the Owner). <br /> 43.5.2. Transfer of required attic stock material and all keys in an organized manner. <br /> 43.5.3. Record of Owner's training. <br /> 43.5.4. Resolution of any final inspection discrepancies. <br /> 43.6. The CMAR shall forward to the Project Designer the final application for payment along with the <br /> following documents: <br /> 43.6.1. List of minority business subcontractors and material suppliers showing breakdown of <br /> contracts amount. <br /> 43.6.2. Affidavit of Release of Liens. <br /> 43.6.3. Affidavit of Subcontractors of payment to material suppliers and subcontractors. <br /> 43.6.4. Consent of Surety to Final Payment. <br /> 43.6.5. Certificates of state agencies required by state law. <br /> 43.7. The Project Designer will not authorize final payment until the Work under contract has been <br /> certified by Project Designer, certificates of compliance issued, and the CMAR has complied with <br /> the closeout requirements. The Project Designer shall forward the CMAR's final application for <br /> payment to the Owner along with respective certificate(s)of compliance required by law. <br /> 44.CONTRACTOR'S AFFIDAVIT <br /> 44.1. The final payment of retained amounts due the CMAR on account of the Contract shall not become <br /> due until the CMAR has furnished to the Owner through the Project Designer an affidavit signed, <br /> sworn and notarized to the effect that all payments for materials, services or contracted Work to <br /> Subcontractors in connection with this Contract have been satisfied, and that no claims or liens <br /> exist against the CMAR in connection with this Contract. In the event that the CMAR cannot <br /> obtain similar affidavits from Subcontractors to protect the CMAR and the Owner from possible <br /> liens or claims against the CMAR,the CMAR shall state in its affidavit that no claims or liens exist <br /> against any Subcontractor to the best of its(the CMAR's)knowledge, and if any appear afterward, <br /> the CMAR shall save the Owner harmless from all claims by any Subcontractor or other claimant <br /> for payment or any other compensation for Work on the Project. <br /> 45.TAXES <br /> Page 42 of 52 <br /> Revised 12/24,4/25 <br />