Robert C. Davis, Jr. - Page 5

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               ARTICLE SEVENTEEN -- PAYMENTS                                          
               17.1 Payments shall be made as provided in Article five                
               of this agreement.                                                     
               17.2 Payments may be withheld on account of (1) defec-                 
               tive Work not remedied, (2) claims filed, (3) failure                  
               of MONA BUILDERS & DEVELOPERS, INC. to make payments                   
               properly to Subcontractors for labor, materials, or                    
               equipment or (4) damage to another contractor.                         
               17.3 The making of final payment shall constitute a                    
               waiver of all claims by the Owner except these arising                 
               from (1) unsettled liens, (2) faulty or defective Work                 
               discovered after Substantial Completion, (3) failure of                
               the Work to comply with the requirements of the Con-                   
               tract Documents and code or (4) terms of any special                   
               guarantees required by the Contract Documents.  The                    
               acceptance of final payment shall constitute a waiver                  
               of all claims by MONA BUILDERS & DEVELOPERS, INC.                      
               except these previously made in writing and still                      
               unsettled.                                                             
                  *       *       *       *       *       *       *                   
               ARTICLE NINETEEN -- MONA BUILDERS & DEVELOPERS, INC.                   
               LIABILITY INSURANCE                                                    
               MONA BUILDERS & DEVELOPERS, INC. shall purchase and                    
               maintain such insurance as will protect from claims                    
               under workman’s compensation acts and other employee                   
               benefit acts, from claims for damages because of bodily                
               injury, including death, and from claims for damages to                
               property which may arise out of or result from MONA                    
               BUILDERS & DEVELOPERS, INC. operations under this                      
               Contract.                                                              
                  *       *       *       *       *       *       *                   
               ARTICLE TWENTY TWO -- CHANGES IN THE CONTRACT                          
               22.1 The Purchaser [petitioner and Ms. Davis] without                  
               invalidating the Contract may order Changes in the Work                
               consisting of additions, deletions, or modifications,                  
               the Contract Sum and the Contract Time being adjusted                  
               accordingly.  All such Changes in the Work shall be                    
               authorized by written Change Order signed by the Pur-                  
               chaser and Builder.                                                    





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Last modified: May 25, 2011