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<br />12.8 Final Payment and Acceptance <br />12.8.1 If, on the basis of Project Manager's observation of the Work during construction and final <br />inspection, and Contract Administrator and Project Manager's review of the final <br />Application for Payment and accompanying documentation, Project Manager is satisfied <br />that the work has been completed and Contractor has fulfilled all of its obligations with <br />regard to construction of the Project, the Project Manager will indicate approval of final <br />payment by signing such invoice. The Contract Administrator will sign the final invoice as <br />well and submit for final payment. Project Manager will give written notice to Contractor <br />that the Work is acceptable subject to the provisions of Section 12.9. <br />Otherwise, Contract Administrator will return the Payment Application to Contractor, <br />indicating in writing the reasons for refusing to recommend final payment, in which case <br />Contractor shall make the necessary corrections and resubmit the Application. If the <br />Application and accompanying documentation are appropriate as to form and substance, <br />City will, within thirty (30) days after receipt, pay Contractor. <br />12.8.2 Payment will be made to Contractor only for those portions of the work that have been <br />fully completed and accepted. <br />12.9 Contractor's Continuing Obligation <br />Contractor's obligation to perform and complete the Work in accordance with the Contract <br />Documents shall be absolute. Neither recommendation of any progress or final payment by <br />Project Manager, nor the issuance of a Certificate of Substantial Completion, nor any payment by <br />City to Contractor under the Contract Documents, nor any use or occupancy of the Work or any <br />part thereof by City, nor any act of acceptance by City nor any failure to do so, nor the issuance of a <br />notice of acceptability by Project Manager pursuant to section 12.8, nor any correction of defective <br />Work by City shall constitute an acceptance of Work not in accordance with the Contract <br />Documents or a release of Contractor's obligation to perform the Work in accordance with the <br />Contract Documents. <br />12.10 Waiver of Claims <br />The making and acceptance of final payment shall constitute Contractor’s waiver of all claims by <br />Contractor against City other than those previously made in writing and still unsettled. <br /> <br />END ARTICLE 12