Final Request for Payment. Upon Completion, Construction Manager shall submit to Owner a final Request for Payment, which shall include: (a) the final Invoice; (b) original copies of permits, licenses and other authorizations to the extent that such items are issued in the name of or otherwise provided to Construction Manager; (c) a Final Lien Waiver from Construction Manager in the form of Exhibit D; (d) a Final Lien Waiver from each Contractor in the form of Exhibit E; and (e) a Completion Certificate which shall include: (i) a statement that Construction Manager’s obligations with respect to Project are complete; (ii) a statement that no Construction Manager Event of Default shall have occurred and be continuing; (iii) representations and warranties that Construction Manager has obtained all permits, licenses and other authorizations necessary or appropriate for the completion of the Project (other than those obtained by Owner) and that such authorizations are in full force and effect; (iv) representations and warranties that the Property is free and clear of all liens, security interests, or other encumbrances upon Owner’s title arising by virtue of the actions or inactions of Construction Manager or its Contractors or other representatives arising from or related to the Work; and (v) representations and warranties that Construction Manger has paid all amounts due, or which may become due (other than amounts for Work included on any unpaid Invoice, which will be paid by Construction Manager upon receipt of Owner’s payment of such Invoice), to all Contractors.
Appears in 1 contract
Sources: Construction Management Agreement (Seneca Gaming Corp)
Final Request for Payment. Upon CompletionProject Completion of each Project, Construction Manager shall submit to Owner a final Request for Payment, which shall includewith the next monthly Invoice the following:
(a) the final Invoice;
(b) original copies of all permits, licenses and other authorizations to the extent that (i) such permits, licenses and other authorizations relate solely to such Project, and (ii) such items are issued in the name of or otherwise provided to Construction Manager;
(b) the final certificate of occupancy applicable to such Project, to the extent that certificate of occupancy relates solely to such Project;
(c) a Final Lien Waiver Waivers from Construction Manager each Contractor that performed services in connection with, or supplied materials and or equipment for, such Project in the form of Exhibit D;D-2; and
(d) a Final Lien Waiver from each Contractor certificate in the form of Exhibit E; and
E-1 (ethe "Project Completion Certificate") a Completion Certificate with respect to the completed Project which shall include:
(i) a statement that Construction Manager’s 's construction obligations with respect to such Project are complete;
(ii) a statement that all amounts due from Construction Manager to Owner with respect to such Project, including, without limitation, any applicable Delay Liquidated Damages, have been paid in full;
(iii) a statement that no Construction Manager Event of Default shall have has occurred and be is continuing;
(iiiiv) representations and warranties that Construction Manager has obtained all permits, licenses and other authorizations necessary or appropriate for the completion development and construction of the such Project (other than those obtained by Owner, the Architect, or by any construction manager (other than Construction Manager), contractor or other agent retained by Owner or the Architect) and that such authorizations are in full force and effect;
(ivv) representations and warranties that the Property such Project is free and clear of all liens, security interests, or other encumbrances upon Owner’s 's title arising by virtue of the actions or inactions of Construction Manager Manager, any Contractor or its Contractors any of their respective representatives, or other representatives otherwise arising from or related to the WorkWork performed in connection with such Project; and
(vvi) representations and warranties that Construction Manger Manager has paid all amounts due, or which may become due (other than amounts for Work included on any unpaid Invoice, which will be paid by Construction Manager upon receipt of Owner’s 's payment of such Invoice), to all ContractorsContractors that performed services in connection with, or supplied materials and or equipment for, such Project.
Appears in 1 contract
Sources: Construction Management Agreement (Seneca Erie Gaming Corp)