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2. The Contractor fulfilled all of all obligations of the Contractor under the Contract, including, <br /> but not limited to, the Contractor's furnishing all documentation required by Contract and <br /> law; and <br /> 3. A release has been obtained from the Washington State Department of Revenue; and <br /> 4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file with the <br /> Owner(RCW 39.12.040); and <br /> 5. A release has been obtained from the Washington State Department of Labor & Industries <br /> and the Washington State Employment Security Department; and <br /> 6. All claims, as provided by law, filed against the retainage have been resolved. In the event <br /> claims are filed and provided the conditions one through five are met, the Contractor will be <br /> paid the retained percentage less an amount sufficient to pay any such claims together with a <br /> sum determined by the Owner sufficient to pay the cost of claims and attorney's fees. <br /> ARTICLE 10 NOTICE TO OWNER <br /> 10.1 When Notice Must Be Given <br /> A. The Contractor shall immediately give Notice to the Owner or Owner's Representative as <br /> provided in this section and elsewhere in the General Conditions and Specifications whenever: <br /> 1. The Contractor disagrees with any requirement, direction, interpretation or determination by <br /> the Owner or Owner's Representative; <br /> 2. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a <br /> differing site condition as provided in ARTICLE 11. DIFFERING SITE CONDITIONS; <br /> 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of any <br /> Delay or an event that may cause a Delay; <br /> 4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is <br /> entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or <br /> impact cannot yet be determined; <br /> 5. The Contractor believes it is required or directed to perform work that is outside the scope of <br /> the Contract Documents; or <br /> 6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, <br /> may result in a Contract Claim; <br /> B. Timely and adequate Notice is a condition precedent to a Contract Claim. <br /> C. Requests for extensions of Contract Time must be made and will be evaluated in accordance with <br /> 5.2C. Extensions of Contract Time. <br /> D. Irrespective of any request for additional compensation or Contract Time or any Contract Claim <br /> that work is extra and not part of the original scope of Work, the Contractor shall proceed <br /> expeditiously and promptly with the work as the Owner orders. <br /> E. Failing to follow procedures. <br /> 1. If the Contractor fails to follow the procedures of this Contract, including failing to give <br /> Notice,the Contractor completely waives such Contract Claim. <br /> WFP Operations Building Seismic Retrofit-Rebid January 6, 2017 <br /> WO#UP3600 007213 - 51 <br />