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<br />Completion of that part of the Work and the division
<br />of responsibility in respect thereof and access
<br />thereto.
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<br />4. No use or occupancy or separate
<br />operation of part of the Work may occur prior to
<br />compliance with the requirements of Paragraph 5,10
<br />regarding property insurance.
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<br />14.06 Final Inspection
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<br />A. Upon written notice from Contractor that
<br />the entire Work or an agreed portion thereof is
<br />complete, Engineer will promptly make a final
<br />inspection with Owner and Contractor and will notify
<br />Contractor in writing of all particulars in which this
<br />inspection reveals that the Work is incomplete or
<br />defective. Contractor shall immediately take such
<br />measures as are necessary to complete such Work
<br />or remedy such deficiencies.
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<br />14.07 Final Payment
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<br />A. Application for Payment
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<br />1. After Contractor has, in the opinion of
<br />Engineer, satisfactorily completed all corrections
<br />identified during the final inspection and has
<br />delivered, in accordance with the Contract Docu-
<br />ments, all maintenance and operating instructions,
<br />schedules, guarantees, bonds, certificates or other
<br />evidence of insurance certificates of inspection,
<br />marked-up record documents (as provided in
<br />Paragraph 6,12), and other documents, Contractor
<br />may make application for final payment following the
<br />procedure for progress payments.
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<br />2. The final Application for Payment shall be
<br />accompanied (except as previously delivered) by:
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<br />a. all documentation called for in the
<br />Contract Documents, including but not
<br />limited to the evidence of insurance required
<br />by Paragraph 5.04.B,7;
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<br />b. consent of the surety, if any, to final
<br />payment;
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<br />c. a list of all Claims against Owner that
<br />Contractor believes are unsettled; and
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<br />d. complete and legally effective releases or
<br />waivers (satisfactory to Owner) of all Lien
<br />rights arising out of or Liens filed in
<br />connection with the Work.
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<br />3, In lieu of the releases or waivers of Liens
<br />specified in Paragraph 14.07.A.2 and as approved
<br />by Owner, Contractor may furnish receipts or
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<br />releases in full and an affidavit of Contractor that: (i)
<br />the releases and receipts include all labor, services,
<br />material, and equipment for which a Lien could be
<br />filed; and (ii) all payrolls, material and equipment
<br />bills, and other indebtedness connected with the
<br />Work for which Owner or Owner's property might in
<br />any way be responsible have been paid or otherwise
<br />satisfied. If any Subcontractor or Supplier fails to
<br />furnish such a release or receipt in full, Contractor
<br />may furnish a bond or other collateral satisfactory to
<br />Owner to indemnify Owner against any Lien.
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<br />B. Engineer's Review of Application and
<br />Acceptance
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<br />1. If, on the basis of Engineer's observation
<br />of the Work during construction and final inspection,
<br />and Engineer's review of the final Application for
<br />Payment and accompanying documentation as re-
<br />quired by the Contract Documents, Engineer is
<br />satisfied that the Work has been completed and
<br />Contractor's other obligations under the Contract
<br />Documents have been fulfilled, Engineer will, within
<br />ten days after receipt of the final Application for
<br />Payment, indicate in writing Engineer's recommen-
<br />dation of payment and present the Application for
<br />Payment to Owner for payment. At the same time
<br />Engineer will also give written notice to Owner and
<br />Contractor that the Work is acceptable subject to the
<br />provisions of Paragraph 14.09. Otherwise, Engineer
<br />will return the Application for Payment to Contractor,
<br />indicating in writing the reasons for refusing to
<br />recommend final payment, in which case Contractor
<br />shall make the necessary corrections and resubmit
<br />the Application for Payment.
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<br />C. Payment Becomes Due
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<br />1. Thirty days after the presentation to
<br />Owner of the Application for Payment and
<br />accompanying documentation, the amount
<br />recommended by Engineer, less any sum Owner is
<br />entitled to set off against Engineer's
<br />recommendation, including but not limited to
<br />liquidated damages, will become due and, will be
<br />paid by Owner to Contractor.
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<br />14.08 Final Completion Delayed
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<br />A. If, through no fault of Contractor, final
<br />completion of the Work is significantly delayed, and
<br />if Engineer so confirms, Owner shall, upon receipt of
<br />Contractor's final Application for Payment (for Work
<br />fully completed and accepted) and recommendation
<br />of Engineer, and without terminating the Contract,
<br />make payment of the balance due for that portion of
<br />the Work fully completed and accepted. If the
<br />remaining balance to be held by Owner for Work not
<br />fully completed or corrected is less than the
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 42
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<br />Final Version 01/07
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<br />03-4197
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