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§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the
<br />Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to
<br />the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate
<br />agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar
<br />manner.
<br />§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
<br />completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on
<br />account of portions of the Work done by such Subcontractor.
<br />§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
<br />Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
<br />Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
<br />Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
<br />obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.
<br />§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided
<br />in Sections 9.6.2, 9.6.3 and 9.6.4.
<br />§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
<br />Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
<br />§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
<br />payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
<br />the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
<br />contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
<br />money to be placed in a separate account and not commingled with money of the Contractor, shall create any
<br />fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
<br />to an award of punitive damages against the Contractor for breach of the requirements of this provision.
<br />§ 9.7 FAILURE OF PAYMENT
<br />If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
<br />receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days
<br />after the date established in the Contract Documents the amount certified by the Architect or awarded by binding
<br />dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect,
<br />stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
<br />appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-
<br />down, delay and start-up, plus interest as provided for in the Contract Documents.
<br />§ 9.8 SUBSTANTIAL COMPLETION
<br />§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br />is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br />Work for its intended use.
<br />§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
<br />separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
<br />items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br />responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br />§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
<br />designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
<br />included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so
<br />that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
<br />shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
<br />by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
<br />determine Substantial Completion.
<br />AIA Document A2011-2007. Copyright@ 1911 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American
<br />Init. Institute of Architects. All rights reserved. 'AIA flhoAlAlrato A201 ,riri AIAx;�:�rih,�r.tl),.r[ri,.u7m,iitr, a�izair,cti,telodfiadoil1,11��;w
<br />,�i ir:i iric�y uat I+ra i.a^,rar i �rnf1'u:�ut I+cn me,�,,,i ��i, This document was created on 02/08/202215:28:46 under the terms of AIA Documents on Demand® Order 25
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