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<br />ties pending fmal payment between OWNER and
<br />CONTRACTOR wich respect to security, operation, safety,
<br />and protection of the Work, maintenance, heat, utilities,
<br />in.mrance, and warranties and guarantees. Unless OWNER
<br />and CONTRACTOR agree otherwise in writing and so
<br />inform ENGINEER in writing prior to ENGINEER's issuing
<br />the definitive certificate of Substmltial Completion,
<br />ENGrNEER's aforesaid recommendation will be binding on
<br />OWNER and CONTRACTOR until fmal payment.
<br />
<br />B, OWNER shall have the right to exclude
<br />CONTRACTOR from !he Site after !he date of Substantial
<br />Completion, but OWNER shall allow CONTRACTOR
<br />reasonable access to complete or correct items on the
<br />tentative list.
<br />
<br />14.05 Partial UciliZaJion
<br />
<br />A. Use by OWNER at OWNER's option of any
<br />substmltially completed pari of the Work which has
<br />specifically been identified in the Contract Documents, or
<br />which OWNER, ENGINEER, and CONTRACTOR agree
<br />constitutes a separately functioning and usable part of che
<br />Work that can be used by OWNER for its intended purpose
<br />without significant interference with CONTRACTOR's
<br />performance of the remainder of the Work, may be
<br />accomplished prior to Substantial Completion of all the Work
<br />subject to the following conditions.
<br />
<br />1. OWNER at any time may request CON-
<br />TRACTOR in writing to pennit OWNER to use any
<br />such part of the Work which OWNER believes to be
<br />ready for its intended use and substantially complete. If
<br />CONTRACTOR agrees that such part of the Work is
<br />substantially complete, CONTRACTOR will certify to
<br />OWNER. and ENGINEER that such part of the Work is
<br />substantially complete and request ENGINEER to issue
<br />a certificate of Substantial Completion for that part of .
<br />the Work. CONTRACTOR at anytime may notify
<br />OWNER and ENGINEER in VlI'iting that
<br />CONTRACTOR considers any such part of the Work
<br />ready for its intended use and substantially romplete and
<br />request ENGINEER to issue a certificate of Substantial
<br />Completion for that pari of the Work. Within a
<br />reasonable time after either such request, OWNER,
<br />CONTRACTOR, and ENGINEER shall make an
<br />inspection of that part of the Work to determine its status
<br />of completion. If ENGINEER does not consider that
<br />part of the Work to be substantially complete,
<br />ENGINEER will notify OWNER and CONTRACTOR
<br />in writing giving the reasons therefor. If ENGINEER
<br />considers that part of the Work to be substantially
<br />complete, the provisions of paragraph 14.04 will apply
<br />with respect to certification of Substantial Completion of
<br />that part of the Work and the division of responsibility
<br />in respect thereof and access thereto.
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<br />2. No occupancy or separate operation of part of
<br />the Work may occur prior to compliance with the
<br />requirements of paragraph 5.10 regarding property
<br />insurance.
<br />
<br />14.06 Fina/Inspection
<br />
<br />A, Upon written notice from CONTRACTOR that the
<br />entire Work or an agreed portion thereof is complete,
<br />ENGINEER will promptly make a final inspection with
<br />OWNER and CONTRACTOR and will notify CON-
<br />TRACTOR in writing of all particulars in which this
<br />inspection reveals that the Work is incomplete or defective.
<br />CONTRACTOR shall inunediately take such measures as arc
<br />necessary to complete such Work or remedy such
<br />deficiencies,
<br />
<br />14.07 Final Payme1l1
<br />
<br />A. Application for Payment
<br />
<br />1. After CONTRACTOR has, in the opinion of
<br />ENGINEER, satisfactorily completed all corrections
<br />identified during the fmal inspection and has delivered,
<br />in accordance with the Contract Documents, all main-
<br />tenance and operating instructions, schedules, guara.")-
<br />tees, Bonds, certificates or other evidence of insurance
<br />certificates of inspection, marked-up record documents
<br />(as provided in paragraph 6,12), and other documents,
<br />CONTRACTOR may make application for final
<br />payment.following the procedure for progress payments,
<br />
<br />2. The final Application for Payment shall be
<br />accompanied (except as previously delivered) by: (i) all
<br />documentation called for in the Contract Documents,
<br />including but not limited to the evidence of insuraD.ce
<br />required by subparagraphS;04.B.7; (Ii) consent of the
<br />- -surety, ,if any, 'to.final payment; and (ill) complete;md
<br />,legally effective .releases -or waivers - (satiSfactory to
<br />OWNER) of all Lien rights'arising out of or Liens f'11ed
<br />in connection with the Work.
<br />
<br />3. In lieu of the releases or waivers of Liens
<br />specified in paragraph 14.07.A.2 and as approved by
<br />OWNER, CONTRACTOR may furnish receipts or
<br />releases in full and an affidavit of CONTRACTOR that:
<br />(i) the releases and receipts - include all labor , services,
<br />material, and equipment for which a Lien could be filed;
<br />and (Ii) all payrolls, material and equipment bills, and
<br />other indebtedness connected with the Work for wbJch
<br />OWNER or OWNER's property might in any way-be
<br />rlsponsible have been paid or otherwise satisfied. If any
<br />Subcontractor or Supplier fails to furnish such a release
<br />or receipt in full, CONTRACTOR may furnish a Bond
<br />or other collateral satisfactory to OWNER to indemnify
<br />OWNER against any Lien. -
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