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I Completion of that part of the Work and the division releases in full and an affidavit of Contractor that: (i) I of responsibility in respect thereof and access thereto. the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment 4. No use or occupancy or separate bills, and other indebtedness connected with the I operation of part of the Work may occur prior to Work for which Owner or Owners property might in compliance with the requirements of Paragraph 5.10 any way be responsible have been paid or otherwise regarding property insurance. satisfied. If any Subcontractor or Supplier fails to I furnish such a release or receipt in full, Contractor 14.06 Final Inspection may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. A. Upon written notice from Contractor that I the entire Work or an agreed portion thereof is B Engineer's Review of Application and complete, Engineer will promptly make a final Acceptance inspection with Owner and Contractor and will notify I Contractor in writing of all particulars in which this 1. If, on the basis of Engineer's observation inspection reveals that the Work is incomplete or of the Work during construction and final inspection, defective. Contractor shall immediately take such and Engineer's review of the final Application for measures as are necessary to complete such Work Payment and accompanying documentation as re- I or remedy such deficiencies. quired by the Contract Documents, Engineer is satisfied that the Work has been completed and 14.07 Final Payment Contractor's other obligations under the Contract I Documents have been fulfilled, Engineer will, within A. Application for Payment ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommen- 1. After Contractor has, in the opinion of dation of payment and present the Application for I Engineer, satisfactorily completed all corrections identified Payment to Owner for payment. At the same time fied during the final inspection and has Engineer will also give written notice to Owner and delivered, in accordance with the Contract Docu- Contractor that the Work is acceptable subject to the I ments, all maintenance and operating instructions, provisions of Paragraph 14.09. Otherwise, Engineer schedules, guarantees, bonds, certificates or other will return the Application for Payment to Contractor, evidence of insurance certificates of inspection, indicating in writing the reasons for refusing to marked-up record documents (as provided in recommend final payment, in which case Contractor I Paragraph 6.12), and other documents, Contractor shall make the necessary corrections and resubmit may make application for final payment following the the Application for Payment. procedure for progress payments. I C. Payment Becomes Due 2. The final Application for Payment shall be accompanied (except as previously delivered) by: 1. Thirty days after the presentation to Owner of the Application for Payment and I a. all documentation called for in the accompanying documentation, the amount Contract Documents, including but not recommended by Engineer, less any sum Owner is limited to the evidence of insurance required entitled to set off against Engineer's I by Paragraph 5.04.B.7; recommendation, including but not limited to liquidated damages, will become due and , will be b. consent of the surety, if any, to final paid by Owner to Contractor. payment; 1 14.08 Final Completion Delayed c. a list of all Claims against Owner that Contractor believes are unsettled; and A. If, through no fault of Contractor, final I completion of the Work is significantly delayed, and d. complete and legally effective releases or if Engineer so confirms, Owner shall, upon receipt of waivers (satisfactory to Owner) of all Lien Contractor's final Application for Payment (for Work rights arising out of or Liens filed in fully completed and accepted) and recommendation I connection with the Work. of Engineer, and without terminating the Contract, make payment of the balance due for that portion of 3. In lieu of the releases or waivers of Liens the Work fully completed and accepted. If the I specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or remaining balance to be held by Owner for Work not fully completed or corrected is less than the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 92002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-41 04/08 Final Version 05-4893