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Document 00800<br />

Page 18<br />

EXHIBIT "C'<br />

Additional Pay Application Requirements<br />

With each Application for Payment submitted under Article 5.1, Contractor shall submit the following documents:<br />

a) Invoice. Invoice evidencing actual Construction Costs pertaining to the applicable<br />

portion of the Construction Costs.<br />

b) Lien Waivers. (i) Conditional releases of liens (in substantially the form attached<br />

hereto as Schedule "A-1") executed by all applicable suppliers,<br />

materialmen, contractors and<br />

subcontractors which have not been paid in<br />

full for work completed thus far and (ii) final<br />

unconditional releases of<br />

liens (in substantially the form attached hereto as Schedule "A-2") executed<br />

by all applicable suppliers, materialmen, contractors and subcontractors<br />

who have paid in full for work completed thus far.<br />

c) Affidavit of Payment. An affidavit, certified as correct by Contractor, listing (i) the names of all<br />

contractors, subcontractors, suppliers and materialmen who<br />

provided or supplied labor, services, goods and<br />

materials to the premises<br />

and the amount due and the amount previously paid for each listed<br />

contractor, subcontractor and materialmen, and (ii) that all listed contractors, subcontractors,<br />

suppliers and materialmen, have been paid in full (or upon payment of the amounts set forth in such<br />

affidavit will be paid in full) for the labor, services, goods and materials provided or supplied to the premises as of the<br />

date of the<br />

affidavit.<br />

NAPA CENTURY CENTER XD 12<br />

#165582

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