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representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the ~,:ontractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary ~ -~e -Afs~es~s -e~~ -to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materiats or equipment; .4 reasonable evidence that the Work cannot be compteted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; ~ .6 reasonable evidence that the Work wiil not be completed within the Contract Time, a~-~a~-~e- ~ai~ -k~a~se -~e~~ -~e~ -be ~e ~s -seve~- ast~a~ -ef ~~ ~ages ~ -~e ~isi}~ate~- ~e1a~; or .7 ~er~is~e~~nsatisfactorv orosecution of the Work or failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. The Owner shall not be deemed in default~ reason of withholdine pavment while anv of the above erounds remain uncured Insert T: .~5.3 If the Contractor disoutes anv determination ~ the Architect with regard to anv Certificate of Pavment. the Contractor nevertheless exaeditiouslv shall continue to prosecute the Work. Insert_ U: ~.5.4, The Owner shall not be deemed to be in breach of this Contract~ reason of the withholdine of a~,~ a ment pursuant to ~_provision of the Contract Documents provided the Construction _Representative or Architect has aaproved the Owner's action or the Work for which navment is beinQ withheld shall have been reiected bv anv Qovernmental authoritv the Owner or Owner's lender if anv• 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, a~- s~a~ -se ~-~e ~es~. Such pavment ~ the Owner shall not constitute approval or acceatance of anv item of cost m the Aoplication for Pavment. _ No artiat a ent made hereunder shall be or be construed to be final accentance or a roval of that ortion of the Work to which such artial a ent relates or retieve the Contractor of any of its oblieations hereunder with resaect thereto. T'he Owner shall make no _pavment untii the Owner has received from the Contractor the Affidavit Lien Waiver and Release from the Contractor for the Contractor and all Subcontractors for the portion of the work covered bv such oavments 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Worlc, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 ~e -Afsk~es~ ~}; -e~ ~ ~ -te -a- Sa~se~as~ef; -i€ -~~astis~}e; -~€e~~ie~ -Fegar~g- pe~se~ages ~€ -sec~~e~ie~ -ef -a~et~s -a}~e~ ~ -b}F -t~ 6e~astef -a~ -ae~ie~ -ta~Ce~t ~efee~ -~ -~e ~~es~ -a~-~ 9w~ ~ ~asse~~ ~€-~eRfe~s -e€ ~e -~e~le ~ene -~ -sas~~- S~sea~asteF. 9.6.4 Neither the Owner nor Architect shalt have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. Owner-Contractor Agreement General Conditions Supplement (For AIA Doc. A201) ~Pa9e - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Page #2f