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<br />7.
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<br />and 14.02.C.5 above, at such times as the Work as set forth in the
<br />schedule of values has been 50% completed, and upon mutual
<br />agreement of the Owner and Contractor, no further Retainage shall be
<br />withheld from progress payments with respect to such portion of the
<br />Work. Agreement as to any such reduction in retained amounts will not
<br />constitute a waiver of or otherwise prejudice the Owner's right to
<br />subsequently reinstate full retainage, as to that subcontractor, should
<br />circumstances justify such action in the Owner's sole judgment.
<br />Upon Substantial Completion of the entire Work of the Contractor, a
<br />sum, sufficient to increase payments to the Contractor to one hundred
<br />percent (100%) of the Contract Sum, less amounts, if any for incomplete
<br />Work and unsettled claims, shall be paid to Contractor with the next
<br />sequential payment application after Substantial Completion is obtained.
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<br />Delete Paragraph 14.05 and replace with the following:
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<br />A. The Owner may occupy or use any completed or partially completed
<br />portion of the Work at any stage when such portion is designated by
<br />separate agreement with the Contractor, provided such occupancy or use
<br />is cOlJsen~d by the insurer, in accordance with Paragraph 5.06.A.5 and
<br />as authorized by public authorities having jurisdiction over the Work.
<br />Such partial occupancy or use may commence whether or not the portion
<br />is substantially complete, provided Owner and Contractor have accepted
<br />in writing the responsibilities assigned to each of them for payments,
<br />Retainage, if any, security, maintenance, heat, utilities, damage to Work
<br />and insurance, and have agreed in writing concerning the period for
<br />correction of Work and commencement of warranties required by the
<br />Contract Documents. When the Contractor considers a portion
<br />substantially complete, the Contractor shall prepare and submit a
<br />comprehensive list to the Engineer of the items to be completed or
<br />corrected prior to final payment. The Failure to include an item on such
<br />list does not alter the responsibility of the Contractor to complete all
<br />Work in accordance with the Contract Documents. Consent of the
<br />Contractor to partial occupancy or use shall not be unreasoanbaly
<br />withheld. The stage of the progress of the Work shall be determined by
<br />written agreement between the Owner and the Contractor, or if no
<br />agreement is reached, by decision of the Engineer.
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<br />B. Immediately or prior to such partial occupancy or use, the Owner,
<br />Contractor, and Engineer shall jointly inspect the area to be occupied or
<br />the portion of the Work to be used in order to determine and record the
<br />condition of the Work.
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<br />C. Unless otherwise agreed upon, partial occupancy or use of a portion or
<br />portions of the Work shall not constitute acceptance of the Work not
<br />complying with the Contract Documents."
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<br />After the last sentence in Paragraph 14.04.B, insert the following:
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<br />09/09
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<br />00800-10
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<br />03-4122.F
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