Finance Committee

2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents, including but not limited to the evidence of insurance required
by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective
releases or waivers (Satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the
Work.

payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection
to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER
concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If after consideration of

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.

Cc. Payment Becomes Due

City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn: Nick Caggiano

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.
B. Review of Applications.

13.09 OWNER May Correct Defective Work

A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to
remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.

OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual
or entity, or any surety for, or employee or agent of any of them.

13.06 Correction or Removal of Defective Work

inspections, will be deducted from the payments to the CONTRACTOR. CONTRACTOR shall stop work as
necessary to allow for inspections and tests by OWNER and ENGINEER.

12.05 Delays beyond OWNER's and CONTRACTOR's Control

A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones)
due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.

in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph
12.01.C).

C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows:
1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the
Cost of the Work:

D. Documentation: Whenever the cost of the Work for any purpose is to be determined pursuant to paragraphs
11.01.A. and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form acceptable to ENGINEER as itemized cost breakdown together
with supporting data.

11.02 Cash Allowances