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Completion of that part of the Work and the division releases in full and an affidavit of Contractor that (I) <br /> of responsibility in respect thereof and access the releases and receipts include all labor, services, <br /> thereto material, and equipment for which a Lien could be <br /> filed; and (ii) all payrolls, material and equipment <br /> 4 No use or occupancy or separate bills, and other indebtedness connected with the <br /> operation of pail of the Work may occur prior to Work for which Owner or Owner's property might in <br /> compliance with the requirements of Paragraph 5.10 any way be responsible have been paid or otherwise <br /> regarding property insurance. satisfied. If any Subcontractor or Supplier fails to <br /> furnish such a release or receipt in full, Contractor <br /> 14.06 Final Inspection may furnish a bond or other collateral satisfactory to <br /> Owner to indemnify Owner against any Lien <br /> A. Upon written notice from Contractor that <br /> the entire Work or an agreed portion thereof is B. Engwneer's Review of Application and <br /> complete, Engineer will promptly make a final Acceptance <br /> inspection with Owner and Contractor and will notify <br /> Contractor in writing of all particulars in which this 1 If on the basis of Engineer's observation <br /> inspection reveals that the Work is incomplete or of the Work during construction and final inspection, <br /> defective. Contractor shall immediately take such and Engineer's review of the final Application for <br /> measures as are necessary to complete such Work Payment and accompanying documentation as re- <br /> or remedy such deficiencies quired by the Contract Documents. Engineer is <br /> satisfied that the Work has been completed and <br /> 14 07 Final Payment Contractor's other obligations under the Contract <br /> Documents have been fulfilled. Engineer will, within <br /> A. Application for Payment ten days after receipt of the final Application for <br /> Payment, indicate in writing Engineer's recommen- <br /> 1 After Contractor has, in the opinion of dation of payment and present the Application for <br /> Engineer, satisfactorily completed all corrections Payment to Owner for payment. At the same time <br /> identified during the final inspection and has Engineer will also give written notice to Owner and <br /> delivered, in accordance with the Contract Docu- Contractor that the Work is acceptable subject to the <br /> ments, all maintenance and operating instructions, provisions of Paragraph 14.09. Otherwise, Engineer <br /> schedules, guarantees, bonds, certificates or other will return the Application for Payment to Contractor, <br /> evidence of insurance certificates of inspection, indicating in writing the reasons for refusing to <br /> marked-up record documents (as provided in recommend final payment, in which case Contractor <br /> Paragraph 6.12). and other documents. Contractor shall make the necessary corrections and resubmit <br /> may make application for final payment following the the Application for Payment. <br /> procedure for progress payments. <br /> C Payment Becomes Due <br /> 2. The final Application for Payment shall be <br /> accompanied (except as previously delivered)by 1 Thirty days after the presentation to <br /> Owner of the Application for Payment and <br /> a all documentation called for in the accompanying documentation. the amount <br /> Contract Documents, including but not recommended by Engineer, less any sum Owner is <br /> limited to the evidence of insurance required entitled to set off against Engineer's <br /> by Paragraph 5.04.8.7; recommendation, including but not limited to <br /> liquidated damages, will become due and , will be <br /> b. consent of the surety, if any, to final paid by Owner to Contractor. <br /> payment; <br /> 14 08 Final Completion Delayed <br /> c. a list of all Claims against Owner that <br /> Contractor believes are unsettled;and A. If, through no fault of Contractor final <br /> completion of the Work is significantly delayed, and <br /> d. complete and legally effective releases or if Engineer so confirms,Owner shall, upon receipt of <br /> waivers (satisfactory to Owner) of all Lien Contractor's final Application for Payment (for Work <br /> rights arising out of or Liens filed in fully completed and accepted)and recommendation <br /> connection with the Work. of Engineer, and without terminating the Contract, <br /> make payment of the balance due for that portion of <br /> 3. In lieu of the releases or waivers of Liens the Work fully completed and accepted. If the <br /> specified in Paragraph 14,07 A.2 and as approved remaining balance to be held by Owner for Work not <br /> by Owner, Contractor may furnish receipts or fully completed or corrected is less than the <br /> EJCDC C.700 Standard General Conditions of the Constructioi Contract. <br /> Cop}right# 2002 National Sock!)of Professional Engineers for EJCDC, Ali rights usenet]. <br /> 00700-41 <br /> 03/12 11-4179 <br />