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AIA Document A2 01rm -- 2017
<br />General Conditions of the Contract for Construction
<br />account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor,
<br />require each Subcontractor to make payments to Sub -subcontractors in a similar 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 account of
<br />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 suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to
<br />furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain
<br />whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the
<br />payment of money to, a Subcontractor or supplier, except as may otherwise be required by law.
<br />§ 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3
<br />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 Owner shall
<br />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, payments
<br />received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the
<br />Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the
<br />Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a
<br />separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part
<br />of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for
<br />breach of the requirements of this provision.
<br />§ 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend
<br />and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation
<br />expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt
<br />of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable
<br />court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for
<br />payment has been asserted.
<br />§ 9.6.9 Upon the request of Owner, Contractor shall comply with the Owner's Minority and Women's Business Ordinance
<br />software enterprise B2G Now. Such compliance shall include, but not limited to, tracking dollar spend, percentage participation
<br />and payments between Contractor and its Subcontractors on a timely basis. Contractor shall provide this data to the Owner
<br />within 10 business days from written request.
<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 receipt of
<br />the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date
<br />established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then
<br />the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the
<br />amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased
<br />by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the
<br />Contract Documents.
<br />AIA Document A201" - 2017. Copyright - 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1997, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
<br />Law and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result
<br />in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
<br />produced by AIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (3B9ADA17)
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