Laserfiche WebLink
such extent as may be necessary to protect the City from loss on account of the following (and each <br />contract awarded to Contractors shall allow withholding for): <br />Defective work not in the process of being remedied. <br />2. "Stop Notice" claims filed. <br />3. Failure of Program Manager or its Construction Manager to make payments <br />properly to Contractors for material or labor when no actual dispute exists <br />concerning such payment. <br />4. Default of Program Manager or its Contractors, including without limitation, <br />the Construction Manager, in the performance of the material terms of this <br />Agreement. <br />7.10 If Stop Notices are filed with the City, the City shall withhold the amount required <br />from certificates until such claims shall have been resolved pursuant to applicable law California <br />Civil Code Section 3179, et seq. <br />ARTICLE 8 <br />FINAL PAYMENT <br />8.1 The City shall pay the final payment due Program Manager under this Agreement and <br />Program Manager shall be authorized to disburse same: <br />1. The Agreement has been fully performed by the Program Manager; <br />b. Request for Final Payment has been made; <br />c. Release of all liens and Stop Notices has been accomplished; and <br />d. Program Manager has presented to the City releases of all filed claims against <br />the City by Program Manager, by its Construction Manager and/or by the <br />Contractors. <br />e. Program Manager has complied with the conditions precedent set forth below. <br />8.2 The Program Manager or its Construction Manager may, if any Contractor refuses to <br />furnish a release or receipt in full, furnish a bond satisfactory to the City, to indemnify against any <br />such lien. <br />8.3 When a certificate of substantial completion from Program Manager's Consultants <br />or Contractors is received by the City covering the entire Project, the Designated City <br />Representative will issue a Notice of Completion and within ten (10) days thereafter record such <br />