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The payment of moneys based on the estimates mentioned in Section 115.02 shall not be construed as an acceptance by the City of any such work so estimated.
The acceptance of or payment for any work performed or materials furnished under any such contract, or any possession by the City, shall not be construed as a waiver by the City of any rights under the contract or of any right or power therein reserved to the City, nor shall any waiver or any breach of any part or of the whole of any such contract be construed as a waiver of any other part thereof or of a subsequent breach thereof. (Ord. 1987-96. Passed 12-16-87.)
Any and all payments due or to become due the contractor and all rights of the contractor to demand and receive such payments shall be subject to all provisions of law relating to attested accounts of subcontractors, equipment men, material men, laborers or mechanics. The contractor shall pay or satisfy the just and equitable claims of all persons who have performed labor or furnished materials or equipment for the contractor in the execution of each such contract, the just and equitable claims of all persons who have previously filed an attested account of any such claims with the proper official of the City and all bills, costs or claims of any kind which might become a liability, lien or charge against the City. In the event that attested accounts are filed with the City, the City may retain out of the moneys due or to become due the contractor a sum sufficient to pay all such attested account claimants. If such accounts are not paid or adjusted to the satisfaction of the City, the City may retain all payments pursuant to the provisions of this chapter and pursuant to the law of attested accounts provided for by Ohio R.C. 1311.26 to 1311.37. (Ord. 1987-96. Passed 12-16-87.)
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