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<br />Owner agrees to cooperate fully with Contractor and any designated lien agent by providing accurate project information, property
<br />identification, and other information reasonably required to comply with North Carolina lien agent statutes.
<br />Section 6.06 Temporary Environmental Conditions. Owner acknowledges that performance of the Work will require the interruption,
<br />shutdown, or removal of existing heating, cooling, ventilation, and/or dehumidification systems. During such interruptions, Contractor
<br />does not maintain and makes no representations regarding indoor temperature, humidity, air quality, or environmental conditions within
<br />the building or premises.
<br />Unless the Proposal expressly states otherwise, Contractor provides no temporary heating, cooling, ventilation, dehumidification,
<br />humidification, or environmental control of any kind, whether permanent or temporary.
<br />Owner is solely responsible for evaluating, providing, operating, and maintaining any temporary measures necessary to preserve indoor
<br />environmental conditions, including temperature and humidity levels, and to protect occupants, equipment, finishes, inventory, or other
<br />property. This responsibility applies regardless of cause, including but not limited to delays, scheduling changes, defective or delayed
<br />equipment, third‑party failures, weather conditions, or acts or omissions of Contractor.
<br />Owner assumes all risk of damage, loss, or adverse conditions arising from the interruption of HVAC services, including but not limited
<br />to condensation, mold, corrosion, material degradation, equipment damage, data loss, business interruption, or occupant discomfort.
<br />Any temporary equipment provided, arranged, or coordinated by Contractor (if any) shall remain strictly temporary, shall not be owned
<br />by Contractor, and shall not be covered under any warranty, guarantee, or service obligation unless expressly stated in the Proposal.
<br />Article 7 - Contractor Payment
<br />Section 7.01 Payments. The Agreement Price shall be stated in the Proposal and it represents Contractor's full compensation for performing
<br />the Work, subject to adjustments by Change Order expressly provided for herein. The Agreement Price includes all federal, state and
<br />local taxes and fees that may be due or charged by reason of performance of the Agreement.
<br />Section 7.02 Method of Payment. Owner will pay Contractor by progress payments over the course of the performance of the Work,
<br />as stated in the Proposal. There shall be no withholding retainage unless specifically stated in the Proposal.
<br />Within fourteen (14) days after the Date of Commencement, Contractor shall submit to Owner for approval a Schedule of Values
<br />apportioned to the various divisions or phases of the Work. Each line item shall be assigned a monetary price so that the total of all
<br />items equals the Agreement Price. Contractor shall submit to Owner its payment applications (in schedule of value format) for Work
<br />completed and to be completed during the current month as required for Owner to comply with Customer billing requirements.
<br />Progress payments to Contractor for apparent satisfactory performance of the Work or Professional Services shall be made within thirty
<br />(30) days after receipt of a payment application. Payment to Contractor shall not constitute or imply acceptance by Owner or Customer
<br />of any part of the Work.
<br />Section 7.03 Conditions to Payment. No payments shall be made to Contractor until Contractor furnishes to Owner the certificate of
<br />insurance and other documentation required by this Agreement or the Contract Documents. Contractor shall pay for all labor, materials
<br />and equipment used in the performance of the Work through no later than the most current period for which progress payments have
<br />been made by Owner.
<br />Section 7.04 Final Payment. Final payment shall be made thirty (30) days Final Completion.
<br />Contractor’s acceptance of final payment shall constitute a waiver of all claims of Contractor against Owner, Owner and the Site or
<br />otherwise related to the Work, unless such claims are expressly reserved.
<br />Section 7.05 Withholding of Payment. Payments otherwise due Contractor may be withheld by Owner on account of any or all of the
<br />following:
<br />(a) defective work performed by Contractor and not remedied;
<br />(b) claims filed by third parties in connection with Contractor’s work or upon presentation of reasonable evidence indicating the
<br />probable filing of such claims;
<br />(c) failure of Contractor to make payments to its subcontractors, laborers, or materialmen for work done or material furnished;
<br />(d) a reasonable doubt that the Work can be completed for the balance then owing Contractor by Owner; and/or
<br />(e) any other material breach of this Agreement by Contractor.
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<br />Owner shall notify Contractor at least seven (7) days before the date a payment is due of its intent to withhold payment and the reason(s)
<br />therefore. Once the reason(s) for withholding payment are removed, Owner shall make payment of the amount withheld to Contractor
<br />within seven (7) days.
<br />Section 7.06 Interest. Amounts due under this Agreement but remaining unpaid after the due date shall bear interest at the rate of
<br />eighteen percent (18%) per annum.
<br />Docusign Envelope ID: 25E6F8BF-2DC9-828C-811A-1377E8921918
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