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§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jontly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition � of the Work. § 9.9.3 Unless otherwise agreed upeunon in writing si ng ed by the Owner and the Contractor. partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents . § 9110 FINAL COMPLETION AND FINAL PAYMENT § 9.10. 1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect' s knowledge, information and belief, and on the basis of the Architect' s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor an noted in the final Certificate is due and payable. The Architect' s final Certificate for Payment will constitute a further representation that conditions listed in Section 9. 10.2 as precedent to the Contractor' s being entitled tonal payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect and the Owner, in form and substance satisfactory to the Owner ( 1 ) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner' s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in fore after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days ' prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason fliat the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction o obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund promptly pay to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys ' fees . § 9.10.3' if-, after- Substantial Completion of the Work, final eempletion thereof is materially delayed dwough no fault shall,of the GentEaeter- or- by issuanee of Change Or-defs affecting final eemplefien, and the Arehiteet so eenfi Ffis, the , and without ter-"nati %�"Contfaet, make payment of the balance due for- that poilien Of the WOEk fully eonipleted and accepted. if 4he Femaining balffiflee fer- Work not fully eempleted or- eoFEeeted is less than r-etainage stipulated. ... WI&W ��AA� "Wr Documents, and if bonds have been fufmished, the %qittea eonsent of sur-ety to payment of the balanee due fbr- that pol4ion of the Work fully completed and accepted shall be subinitted by the cefltfactOF to the Ar-ehiteet p riof to eeftifieatien ef seeh payment. Sueh payment shall be made under- tefms and eanditions govefning final p , exee«t that not a..« waiver- statute a e f el .. : .« .. vice. § 9. 10.4 The 'making acceptance by the Contractor of final payment shall constitute-be and shall operate a ' a waiveF release to the Owner from all claims and all liability to the Contractor other than claims in stated amountc as may be specifically excepted by the Contractor for all things done or furnished in connection with this Work and for eve act and neglect of 06tns-b5khe Owner exeeptthesa�and others relating to or arising €rem! ut of this Wo k. An a ment however, final or otherwise shall not release the Contractor or his sureties from any obli atio under the Contract Documents or the Payment and Performance Bonds. The makine of final i3ayment shall eenstitute a waiver- of Claims by dhe Qyffief emeeet these ar-isine ffe . 1 liensq Claims, .2 €ailuro of Werk to eemply-.; ith the fequsements of theCentrac�BeeumenEs;-er .3 to fins of special «t: e.. ..e ,.ed by the ne«t«., et Dee,. .«e« t.. i . AIA Document A201 TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937 19511 19581 1961 , 1963, 1966. 1967, 19701 1976, 1987 a Id 1997 by The American Institute of Architects. All rights reserved. WARNING : This AlAi Document Is protected by U.S. Copyright Law and International Treaties. 32 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 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