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�t e€-is temageapp1�4ng -Ee -stKk le -erdesignated pef4iet} thereof-. Such payment
<br /> shall be adjusted for Work that is incomplete or not in accordance with the requirements of
<br /> the Contract Documents.
<br /> 9 . 9 PARTIAL OCCUPANCY OR USE
<br /> 9 . 9 . 1 The Owner may occupy or use any completed or partially completed portion of the
<br /> Work at any stage when such portion is designated by separate agreement with the
<br /> Contractor, provided such occupancy or use is consented to by the insurer as required under
<br /> Clause 11.4.1. 5 and authorized by public authorities having jurisdiction over the Work . Such
<br /> partial occupancy or use may commence whether or not the portion is substantially complete,
<br /> provided the Owner and Contractor have accepted in writing the responsibilities assigned to
<br /> each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to
<br /> the Work and insurance, and have agreed in writing concerning the period for correction of
<br /> the Work and commencement of warranties required by the Contract Documents . When the
<br /> Contractor considers a portion substantially complete, the Contractor shall prepare and THIS DOCUMENT HAS IMPORTANT LEGAL
<br /> submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor CONSEQUENCES. CONSULTATION WITH AN
<br /> to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of ATTORNEY 15 ENCOURAGED WITH RESPECT
<br /> the Work shall be determined by written agreement between the Owner and Contractor or, if TO ITS COMPLETION OR MODIFICATION.
<br /> no agreement is reached, by decision of the Architect. AUTHENTICATION OF THI5
<br /> ELECTRONICALLY DRAFTED AIA
<br /> 9 . 9 . 2 Immediately prior to such partial occupancy or use, the Owner, Contractor and DOCUMENT MAY BE MADE BY
<br />USING AIA
<br /> Architect shall jointly inspect the area to be occupied or portion of the Work to be used in DOCUMENT D401.
<br /> order to determine and record the condition of the Work. This document has been approved and
<br /> endorsed by The Associated General
<br /> 9 . 9 . 3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of Contractors of America.
<br /> the Work shall not constitute acceptance of Work not complying with the requirements of
<br /> the Contract Documents.
<br /> 9 . 10 FINAL COMPLETION AND FINAL PAYMENT
<br /> 9 . 10. 1 Upon receipt of written notice that the Work is ready for final inspection and
<br /> acceptance and upon receipt of a final Application for Payment, the Architect will promptly
<br /> make such inspection and , when the Architect finds the Work acceptable under the Contract
<br /> Documents and the Contract fully performed, the Architect will promptly issue a final
<br /> Certificate for Payment stating that to the best of the Architect's knowledge, information and
<br /> belief, and on the basis of the Architect's on-site visits and inspections, the Work has been
<br /> completed in accordance with terms and conditions of the Contract Documents and that the
<br /> entire balance found to be due the Contractor and noted in the final Certificate is due and
<br /> payable. The Architect's final Certificate for Payment will constitute a further representation
<br /> that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to
<br /> final payment have been fulfilled.
<br /> 9 . 10. 2 Neither final payment nor any remaining retained percentage shall become due until
<br /> the Contractor submits to the Architect in form and substance satisfactory to the Owner
<br /> ( 1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness
<br /> connected with the Work for which the Owner or the Owner's property might be responsible
<br /> or encumbered ( less amounts withheld by Owner) have been paid or otherwise satisfied, ( 2) a
<br /> certificate evidencing that insurance required by the Contract Documents to remain in force
<br /> after final payment is currently in effect and will not be canceled or allowed to expire until at
<br /> least 3o days ' prior written notice has been given to the Owner, ( 3) a written statement that
<br /> the Contractor knows of no substantial reason that the insurance will not be renewable to s .a'
<br /> cover the period required by the Contract Documents, ( 4) consent of surety, if any, to final
<br /> payment and ( 5 ) , if required by the Owner, other data establishing payment or satisfaction of
<br /> obligations, such as receipts, releases and waivers of liens, claims, security interests or 0 997 AIA®
<br /> encumbrances arising out of the Contract, to the extent and in such form as may be AIA DOCUMENT
<br /> A201 - 1997
<br /> GENERAL CONDITIONS OF THE
<br /> Copyright 1911 , 1915, 1918s 19251 1937, 1951, 1958, 1961t 1963, 1966t 19670 1 7 , 1976* 7, 1997 y T
<br /> e CONTRACT FOR CONSTRUCTION
<br /> American Institute of Architects . Fifteenth Edition. Reproduction of the material herein or substantial The
<br /> American Institute of Architects
<br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York
<br /> Avenue, N .W.
<br /> States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S. Washington, D.C.
<br /> 20006-5292
<br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced
<br /> with permission of the AIA and can be reproduced in accordance with your license without violation until the
<br /> date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted
<br /> below. User Document: general conditions (standard) admin bldg 97 a201 .aia -- 5/52003. AIA License Number
<br /> 1127252, which expires on 7/312003.
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