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(b) claims of third parties against the City or the City's property, unless <br />the surety provides the City a written consent regarding the <br />payment(s) in question; <br />(c) failure by the Contractor to pay Subcontractors or others in a prompt <br />and proper fashion. The City may ask the surety for a written <br />consent regarding the payment(s) in question. However, <br />notwithstanding the foregoing, and provisions of Section 255.05 <br />(11), Florida Statutes, the parties hereby agree that the City may <br />condition its payment to the Contractor on the production of a <br />release, waiver, or like documentation from a Subcontractor or <br />others demonstrating that the Subcontractor or others do not have <br />an outstanding claim for payments due on labor, services or <br />materials furnished under the Contract. In the event the City <br />requires such documentation, the provisions of the Local <br />Government Prompt Payment Act (Sections 218.70 through 218.79) <br />shall be suspended until such time as the City obtains the requested <br />documentation; <br />(d) evidence that the balance of the Work cannot be completed in <br />accordance with the Contract for the unpaid balance of the Contract <br />price; <br />(e) evidence that the Work will not be completed in the time required for <br />substantial or final completion; <br />(f) persistent failure to carry out the Work in accordance with the <br />Contract; <br />(g) damage to the City or a third party to whom the City is, or may be, <br />liable. <br />In the event that the City makes written demand upon the Contractor for amounts <br />previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall <br />comply with such demand within ten (10) days of receipt of same. <br />5.4 Unexcused Failure to Pay <br />5.4.1. If within twenty-five (25) days after the date established herein for payment <br />to the Contractor by the City, the City, without cause or basis hereunder, fails to pay the <br />Contractor any amount then due and payable to the Contractor, then the Contractor may <br />after ten (10) additional days' written notice to the City and the Engineer / Architect and <br />without prejudice to any other available rights or remedies it may have, stop the Work until <br />Page 10 of 43 <br />278 <br />