4. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)
inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive,
extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other
matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle
OWNER to withhold payment to CONTRACTOR.
5. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to
supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply
with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or
recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for
what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title
to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens.
6. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also
refuse to recommend any such payment or, because of subsequently discovered evidence or the results of
subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such
extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because:
a. The Work is defective, or completed Work has been damaged, requiring correction or replacement;
b. The Contract Price has been reduced by Written Amendment or Change Orders;
c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph
13.09; or
d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A.
B. Applications for Payments.
1. CONTRACTOR shall submit to OWNER the ENGINEER recommended Application for Payment filled out and
signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by
such supporting documentation as is required by the Contract Documents. If payment is requested on the
basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or
at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of
sale, invoice, or other documentation warranting that OWNER has received the materials and equipment free
and clear of all Liens and evidence that the materials and equipment are covered by appropriate property
insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to
OWNER. Any request for partial or final payment shall specifically list the work completed. Requests for
payment for services performed under this agreement shall be submitted as stipulated in Article 6 - Payment
and Procedures in the Agreement.
2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR
stating that all previous progress payments received on account of the Work have been applied on account to
discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be stipulated in the Agreement.
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