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<br />5. Program Manager has complied with the conditions precedent set forth below. <br />8.2 The Program Manager may, if any Contractor refuses to furnish a release or receipt in full, <br />famish a bond satisfactory to the City, to indemnify against any such lien. <br />8.3 When a certificate of substantial completion from Program Manager is received by the City <br />covering the entire Project, the Designated City Representative will issue a Notice of Completion <br />and within ten (10) days thereafter record such Notice of Completion. A certified conformed copy <br />of the recorded Notice of Completion will be sent to the Program Manager. <br />8.4 Notwithstanding the foregoing, neither final payment nor any remaining retained percentage <br />shall become due until the Program Manager submits to the City (1) an affidavit that payrolls, bills <br />for materials and equipment, and other indebtedness connected with the work for which the City or <br />the City's property might be responsible or encumbered (less amounts withheld by the City have <br />been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Project <br />Documents to remain in force after final payment is currently in effect and will not be canceled or <br />allowed to expire until at least thirty (30) days' prior written notice has been given to the City, (3) a <br />written statement that the Program Manager knows of no substantial reason that the insurance will <br />not be renewable to cover the period required by the Project Documents, (4) consent of surety, if <br />any, to final payment and (5) if required by the City, other data establishing payment of satisfaction <br />of obligations. such as receipts, releases and waivers of liens, claims, security interests or <br />encumbrances arising out of the Agreement to the extent and in such form as may be designated by <br />the City. If a subcontractor refuses to furnish a release or waiver required by the City, the Program <br />Manager may furnish a bond satisfactory to the City to indemnify the City against such lien. If such <br />lien remains unsatisfied after payments are made, the Program Manager shall refund to the City al] <br />money that the Program Manager may be compelled to pay in discharging such lien, including all <br />costs and reasonable attorneys' fees. <br />8.5 After issuance of the Certificate of Substantial Completion by the appropriate Consultant(s), <br />but not later than 35 days thereafter, Program Manager will submit to the City a detailed statement <br />showing the remaining unpaid Project costs, together with a request for the City payment in the <br />amount thereof; provided, the City shall not be responsible for any payment in excess of the Project <br />Budget (as amended from time to time); provided further, the City may withhold sums for <br />incomplete work; and for any other cause under the Agreement. <br />8.6 Program Manager shall, from the effective date of Acceptance until the expiration of four <br />years after final settlement under this Agreement, preserve and make available to the City, all its <br />books, records, documents, and other evidence bearing on the costs and expenses of Program <br />Manager under this Agreement. <br />ARTICLE 9 <br />INDEMNIFICATION <br />9.1 Program Manager shall indemnify, defend and hold harmless the City, its officers, agents, <br />employees, and volunteers from and against: <br />9 <br />