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<br />3. In lieu of the releases or waivers of Liens
<br />specified in Paragraph l4.07.A.2 and as approved by
<br />Owner, Contractor may furnish receipts or releases in full
<br />and an affidavit of Contractor that: (i) the releases and
<br />receipts include all labor, services, material, and
<br />equipment for which a Lien could be filed; and (ii) all
<br />payrolls, material and equipment bills, and other
<br />indebtedness connected with the Work for which Owner
<br />or Owner's property might in any way be responsible have
<br />been paid or otherwise satisfied. If any Subcontractor or
<br />Supplier fails to furnish such a release or receipt in full,
<br />Contractor may furnish a bond or other collateral
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<br />EJCnC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright i!::l2002 National Society of Professional Engineers for EJCnc. All rights reserved.
<br />00700 - 38
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<br />D. At the time of delivery of the tentative
<br />certificate of Substantial Completion, Engineer will
<br />deliver to Owner and Contractor a written recommen-
<br />dation as to division of responsibilities pending final
<br />payment between Owner and Contractor with respect to
<br />security, operation, safety, and protection of the Work,
<br />maintenance, heat, utilities, insurance, and warranties and
<br />guarantees, Unless Owner and Contractor agree otherwise
<br />in writing and so inform Engineer in writing prior to
<br />Engineer's issuing the definitive certificate of Substantial
<br />Completion, Engineer's aforesaid recommendation will
<br />be binding on Owner and Contractor until final payment.
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<br />E. Owner shall have the right to exclude
<br />Contractor from the Site after the date of Substantial
<br />Completion subject to allowing Contractor reasonable
<br />access to complete or correct items on the tentative list.
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<br />14.05 Partial Utilization
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<br />A. Prior to Substantial Completion of all the
<br />Work, Owner may use or occupy any substantially
<br />completed part of the Work which has specifically been
<br />identified in the Contract Documents, or which Owner,
<br />Engineer, and Contractor agree constitutes a separately
<br />functioning and usable part of the Work that can be used
<br />by Owner for its intended purpose without significant
<br />interference with Contractor's performance of the
<br />remainder of the Work, subject to the following condi-
<br />tions,
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<br />1. Owner at any time may request Contractor in
<br />writing to permit Owner to use or occupy any such part of
<br />the Work which Owner believes to be ready for its
<br />intended use and substantially complete. If and when
<br />Contractor agrees that such part of the Work is
<br />substantially complete, Contractor will certify to Owner
<br />and Engineer that such part of the Work is substantially
<br />complete and request Engineer to issue a certificate of
<br />Substantial Completion for that part of the Work.
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<br />2. Contractor at any time may notify Owner and
<br />Engineer in writing that Contractor considers any such
<br />part of the Work ready for its intended use and substan-
<br />tially complete and request Engineer to issue a certificate
<br />of Substantial Completion for that part of the Work.
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<br />3. Within a reasonable time after either such
<br />request, Owner, 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 part of
<br />the Work to be substantially complete, Engineer will
<br />notify Owner and Contractor in writing giving the reasons
<br />therefor. If Engineer considers that part of the Work to be
<br />substantially complete, the provisions of Paragraph 14.04
<br />will apply with respect to certification of Substantial
<br />Completion of that part of the Work and the division of
<br />responsibility in respect thereof and access thereto.
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<br />4. No use or occupancy or separate operation of
<br />part of the Work may occur prior to compliance with the
<br />requirements of Paragraph 5. IO regarding property
<br />insurance.
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<br />14.06 Final Inspection
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<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 Contractor in
<br />writing of all particulars in which this inspection reveals
<br />that the Work is incomplete or defective. Contractor shall
<br />immediately take such measures as are necessary to
<br />complete such Work 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 delivered, in
<br />accordance with the Contract Documents, all maintenance
<br />and operating instructions, schedules, guarantees, bonds,
<br />certificates or other evidence of insurance certificates of
<br />inspection, marked-up record doclirnents (as- provided in
<br />Paragraph 6.12), and other documents, Contractor may
<br />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 Contract
<br />Documents, including but not limited to the
<br />evidence of insurance required by Paragraph
<br />5,04.8.7;
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<br />b. consent of the surety, ifany, to final 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 rights
<br />arising out of or Liens filed in connection with
<br />the Work.
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