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