Common use of FINAL PAYMENT AND CLOSE-OUT Clause in Contracts

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 The making and acceptance of final payment will constitute: 3.6.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 20 contracts

Sources: Invoice Management Solution Contract, Contract for Services, Contract for Dna Forensic Consulting Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.5.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.5.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.5.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 17 contracts

Sources: Contract No. 2200 Ga190000067, Contract for Network Perception Live and View Licenses With Tech Support, Contract for Online Safety Training and Class Course Material Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.8.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.8.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.8.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 6 contracts

Sources: Contract, Contract for Services, Event Services Agreement

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.7.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.7.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.7.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 5 contracts

Sources: Fiber Networking Services Agreement, Contract for Supplemental Vehicle Power Supply, Contract for Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.5.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.5.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to time sales, indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.5.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 3 contracts

Sources: Management and Operation of City Owned Cemeteries, Management and Operation of City Owned Cemeteries, Management and Operation of City Owned Cemeteries

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 The making and acceptance of final payment will constitute: 3.6.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s 's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s 's right to audit; and 3.6.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 2 contracts

Sources: Contract for Services, Professional Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 8.1. The making and acceptance of final payment will constitute: 3.6.1.1 8.1.1. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 8.1.2. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Mobile Application Contract

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.8.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.8.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final Service Contract 3 Revised July 7, 2017 inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.8.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Contract for Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.4.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.4.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.4.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Service Contract

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.9.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.9.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.9.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Contract for Security Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 A. The making and acceptance of final payment will constitute: 3.6.1.1 a i. A waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 a ii. A waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Service Agreement

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 The making and acceptance of final payment will shall constitute: 3.6.1.1 : a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 and a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Contract

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 3.8.1 The making and acceptance of final payment will constitute: 3.6.1.1 3.8.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 3.8.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.. Recon Services Inc. 4

Appears in 1 contract

Sources: Contract

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 The making and acceptance of final payment will constitute: 3.6.1.1 a waiver of all claims by the City against the ContractorConsultant, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor Consultant to comply with the Contract or the terms of any warranty specified herein, (4) arising from the ContractorConsultant’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 a waiver of all claims by the Contractor Consultant against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Strategic Discovery Consulting Services

FINAL PAYMENT AND CLOSE-OUT. 3.6.1 4.6.1 The making and acceptance of final payment will constitute: 3.6.1.1 4.6.1.1 a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and 3.6.1.2 4.6.1.2 a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

Appears in 1 contract

Sources: Social Services Contract