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[[t <br /> t <br /> i <br /> 43 . 3 . 3 . Failure of the CMAR to perform the Work in accordance with drawings and I <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 /> i <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 /> 3 <br /> 3 <br /> 43 . 6 .2 . Affidavit of Release of Liens . <br /> i <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 /> i <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 /> 8 <br />