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" It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in... "
Cases on Common Law Pleading: Selected from Decisions of English and ... - Side 266
av Clarke Butler Whittier - 1912 - 408 sider
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 82

New Jersey. Court of Chancery - 1914 - 768 sider
...considered defective workmanship. The seventh and eighth mutual covenants are as follows: "Seventh. No certificate given or payment made under this contract,...performance of this contract, either wholly or in part, and no payment shall be construed to be an acceptance of defective work or of improper materials. "Eighth....
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 228

Illinois. Supreme Court - 1908 - 710 sider
...conclusive evidence of performance. Under a building contract providing that no payment or certificate, "except the final certificate or final payment," shall be conclusive evidence of the performance of the contract, the final certificate is conclusive evidence of performance except for fraud or mistake...
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The Federal Reporter, Volum 126

1904 - 1126 sider
...after thig contract Is fulfilled. "Art. 11. It Is further mutually agreed between the parties hereto that no certificate given or payment made under this...performance of this contract, either wholly or in part, and tliat no payment shall be construed to be an acceptance of defective work or Improper materials." The...
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The Pacific Reporter, Volum 61

1900 - 1164 sider
...provided in article 3 of this contract." "(14) It Is further mutually agreed between the parties hereto that no certificate given or payment made under this...performance of this contract, either wholly or in part, against any claim of the owner, aud no payment shall be construed to be an acceptance of any defective...
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The Pacific Reporter, Volum 205

1922 - 1152 sider
...follows: "That no certificate given, or payments made under this contract, except the final certificate of final payment, shall be conclusive evidence of the...performance of this contract, either wholly or in part, against any claim of the first party, and that, not until the lapse of thirtyfive days after acceptance...
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The Pacific Reporter, Volum 144

1915 - 1230 sider
...certificates of the architects that they have become due. (10) No certificate given or payment made, except the final certificate or final payment, shall be conclusive evidence of performance either in whole or in part, and no payment shall be construed an acceptance of defective...
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The Pacific Reporter, Volum 133

1913 - 1236 sider
...defend-ant. "Paragraph 18 is as follows : 'It is further mutually agreed between the parties hereto ;lmt no certificate given or payment made ; under this contract, except the final certifi ' cate or final payment, shall be conclusive evidence of the performance of this contract,...
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The Northeastern Reporter, Volum 39

1895 - 1150 sider
...work upon the performance of which the payment is to become due has been done to his satisfaction.' "No certificate given or payment made under this contract, except the final certificate 01 final payment, shall be conclusive evidence of the performance of this contract, either wholly or...
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The Atlantic Reporter, Volum 87

1913 - 1152 sider
...considered defective workmanship. The seventh and eighth mutual covenants are as follows: "Seventh. No certificate given or payment made under this contract,...performance of this contract, either wholly or In part, and no payment shall be construed to be an acceptance of defective work or of Improper materials. "Eighth....
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Atlantic Reporter, Volum 67

1908 - 1134 sider
...certificates for the same are issued." Article 10 provides that no certificate given, or payment made, except the final certificate or final payment, shall be conclusive evidence of the performance of said contract, either wholly or in part, and that no payment shall be construed to be acceptance of...
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