Common use of Progress Payments Clause in Contracts

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. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. 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 Work, 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 similar agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of Values. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor. 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. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

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. 9.6.1.1 The Owner shall withhold retainage from each progress payment an in the amount equal to of five percent (5%) of the progress payment). 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 Work, 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 similar agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of Values. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor. 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. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon Subcontractor no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, Owner the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall 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 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4., § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

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. 9.6.1.1 The provided in the Contract Documents, and shall so notify the Architect. If Owner disputes the amount to be paid to Contractor, Owner shall withhold retainage from each progress payment an amount equal promptly pay the undisputed amounts and proceed to five percent (5%) of dispute the progress paymentresolution in accordance herewith. 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 Work, 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 similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor 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 9.6.49.6. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents.

Progress Payments. § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and payme within the time providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4., § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

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 providedprovided in the Contract Documents, and shall so notifY the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon Subcontractor no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, Owner the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractors, except as may otherwise be required by law. § 9.6.5 Payment Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

Progress Payments. 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment of the approved amount of each Application for Payment in the manner and within the time provided. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of provided in the progress paymentContract Documents. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon subcontractor no later than seven (7) days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, Owner the amount to which said Subcontractor the subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's the subcontractor’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractorsubcontractor, require each Subcontractor subcontractor to make payments to Sub-lower tier subcontractors in a similar manner. Notwithstanding anything herein to the contrary, in the event Contractor fails to make payments properly to subcontractors or for labor, materials or equipment, Owner may elect, in Owner’s sole discretion, to make any payment jointly payable to Contractor and any lower-tier subcontractor and/or supplier. Contractor and such subcontractors and/or supplier shall be responsible for the allocation and disbursement of such funds included as part of any joint payment. If Contractor fails or refuses to execute such joint check, Owner may, in its sole discretion and for its sole benefit, pay the subcontractor or supplier or other party directly and reduce the Contract Sum accordingly. 9.6.3 The Architect or Owner willhas the right to request written evidence from Contractor that Contractor has properly paid subcontractors and material and equipment suppliers’ amounts paid by Owner to Contractor for subcontracted work. If Contractor fails to furnish such evidence within seven (7) days, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of Values. 9.6.4 Neither the Owner nor Architect shall have an the right to contact subcontractors to ascertain whether they have been properly paid. Owner shall have no obligation to pay or to see to the payment of money to a Subcontractorsubcontractor, except as may otherwise be required by law. 9.6.5 Payment 9.6.4 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 Articles 9.6.2 and 9.6.49.6.3. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.

Progress Payments. 9.6.1 After the Development Manager and Architect has have issued a Project Certificate for Payment or a separate Certificate for Payment, the Owner shall make payment in the manner and within the time providedprovided in the Contract Documents, [and shall so notify the Architect] subject to Subparagraph 9. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal have the option, but not the obligation, to five percent (5%) issue joint checks to the Contractor and various Subcontractors at the Owner's discretion with respect to all or any part of the progress paymentpayments discussed in this Article. Any payment in joint check form or the lack thereof shall not constitute a waiver of the same as to later payments. 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 Work, 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 similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect or Owner Development Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Development Manager, Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. 9.6.4 Neither the Owner Owner, Development Manager nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor except as may otherwise be required by law. Language indicated as being shown by strike out in the typeset document is enclosed in brackets "[" and "]" in the electronic format. 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 9.6.49.6. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.

Progress Payments. § 9.6.1 After the Architect Owner has issued a Certificate approved an Application for Payment, the Owner shall make issue payment in to the manner and within the time providedContractor as set forth herein. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly promptly, within the time period required by Ohio law, pay each Subcontractor, upon Subcontractor no later than 10 days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. Neither the Contractor nor its Subcontractors shall withhold retainage from its Subcontractors or their sub-subcontractors beyond the retainage withheld by the Owner from the Contractor. § 9.6.3 The Architect or Owner willmay, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 Neither The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner nor Architect to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. The Owner shall not have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

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. 9.6.1.1 The Owner provided in the Contract Documents, and shall withhold retainage from each progress payment an amount equal to five percent (5%) of so notify the progress paymentArchitect. 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 Work, 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 similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect or Owner willwill request that the Architect, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and the Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. 9.6.4 Neither the Owner nor the Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor 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 9.6.29.6.6, 9.6.3 and 9.6.49. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.

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. 9.6.1.1 The Owner provided in the Contract Documents, and shall withhold retainage from each progress payment an amount equal to five percent (5%) of so notify the progress paymentArchitect. 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 ’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-Sub- subcontractors in a similar manner. 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor 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 9.6.3, and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner.

Progress Payments. § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment of the amounts not in dispute in the manner and within the time providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven ten days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor Contractor shall provide Conditional and Unconditional lien waivers from subcontractors and material and equipment suppliers per the Contract Documents as evidence that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the next Application for Payment, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4., § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, Documents and paid all undisputed amounts, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. any tier, and shall pay or reimburse to Owner all reasonable costs and expenses that Owner incurs in discharging any such lien claim or other claim. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. Contractor shall, within ten (10) days after notice from Owner, either furnish Owner a bond sufficient to discharge the lien claim or other claim or deposit in an escrow, a sum sufficient to discharge the lien claim or other claim. Such bond or cash escrow shall remain in place until the lien claim or other claim is removed from the property. Owner shall have the right to withhold from payments due or become due to Contractor an amount equal to one hundred and fifty percent (150%) of the amount of the lien claim or other claim until the same is released. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

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 providedprovided in the Contract Documents, and shall so notify the Architect. Notwithstanding the foregoing, the Owner may refuse to make payment on any Application for Payment (including, without limitation, the final Certificate for Payment) for any default under the Contract Documents, including, but not limited to, those defaults set forth in Subparagraphs 9.5. 9.6.1.1 1.1 through 9.5.1.7 hereof. The Owner shall withhold retainage from each progress not be deemed in default by reason of withholding payment an amount equal to five percent (5%) of the progress paymentwhile any such defaults remain uncured. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained retained, if any, from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors Subcontractors in similar manner. 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor 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 Paragraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents.

Progress Payments. § 9.6.1 After the Architect Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time providedprovided in the Contract Documents, and shall so notify the Engineer. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon Subcontractor no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, Owner the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect Engineer and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect Engineer shall 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 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

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. 9.6.1.1 The Owner provided in the Contract Documents, and shall withhold retainage from each progress payment an amount equal to five percent (5%) of so notify the progress paymentArchitect. 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 Work, 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 similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor 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 9.6.49.6. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work not in accordance with the Contract Documents.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 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 Work, 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 similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a SubcontractorSubcontractor 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 Sections 9.6.2, 9.6.3 and 9.6.49.6. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.49.6. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done Workdone by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4., § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.

Progress Payments. 9.6.1 After § A.9.6.1 Within 10 days after the Architect Owner has issued a Certificate received ▇▇▇▇▇▇▇▇ from the Design-Builder on account of Work performed by the Design-Builder and for Paymentwhich the Owner has acknowledged to the due pursuant to Section A.9.4.1, the Owner shall make payment in of that amount to the manner and within Design-Builder. If the time providedDesign-Builder does not receive such payment from the Owner for any cause which is not the fault of the Design-Builder, the Owner shall pay the Design-Builder, on demand, that amount. 9.6.1.1 § A.9.6.2 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. 9.6.2 The Contractor Design-Builder shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor Design-Builder on account of such Subcontractor's ’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments payments, to the Contractor Design-Builder on account of such the Subcontractor's ’s portion of the Work. The Contractor Design-Builder shall, by similar appropriate agreement with each Subcontractor, Subcontractor require each Subcontractor to make payments to Sub-subcontractors Subcontractors in a similar manner. 9.6.3 § A.9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of Values. 9.6.4 Neither the Owner nor Architect shall have an no obligation to pay or to see to the payment of money to a Subcontractor except as may be required by law. Owner, however, has the right, but not the obligation, to pay a Subcontractor, Sub-Subcontractor or professional consultant by joint party check or directly and deduct said payment from the Contract Sum. 9.6.5 § A.9.6.4 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 Sections A.9.6.2 and 9.6.4A.9.6.3. 9.6.6 § A.9.6.5 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner Owner, shall not constitute acceptance of work Work not in accordance with the Contract Documents. § A.9.6.6 Unless the Design-Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design-Builder for Work properly performed by Subcontractors and suppliers shall be held by the Design-Builder for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Design-Builder for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not be commingled with money of the Design-Builder, shall create any fiduciary liability or tort liability on the part of the Design-Builder for breach of the requirements of this provision.

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 providedprovided in the Contract Documents, and shall so notify the Architect. 9.6.1.1 The Owner shall withhold retainage from each progress payment an amount equal to five percent (5%) of the progress payment. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon no later than seven business days after receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such the Subcontractor's ’s portion of the Work. The Contractor shall, by similar appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor as reflected in the Contractor's Schedule of ValuesSubcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay pay, or to see to the payment of money to to, a SubcontractorSubcontractor or supplier, except as may otherwise be required by law. § 9.6.5 Payment The Contractor’s payments to material suppliers shall be treated in a manner similar to that provided in Subparagraphs Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of work Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the a which the lien or materialmen’s lie accordance with t mechanics’ and m pplicable court, when required, the Contractor may substitute a surety bond for the property against other claim for payment has been asserted. Within ten (10) days of the filing of a mechanics’ or n on the Project real estate or funds, Contractor shall, at its expense, furnish a bond or bonds in he appropriate statutes satisfactory for the release of or otherwise obtain the release of any aterialmen’s liens filed against the Project real estate or funds by any of Contractor’s employees, subcontractors, suppliers, agents, consultants or anyone claiming through any of them. If the Contractor fails to furnish a bond within ten (10) days, the Owner may, at its sole option, pay the Subcontractor or provide the bond and back charge all costs and expenses, including attorneys’ fees, to the Contractor.