3. If it is subsequently determined that OWNER'S 14. 05 Partial Utilization
<br /> refusal of payment was not justified, the amount
<br /> wrongfully withheld shall be treated as an amount due x Use by OWNER at OWNER's option of any
<br /> as determined
<br /> wrongfully
<br /> it by paragraph treated 1 . substantially completed part of the Work which has specifically
<br /> been identified in the Contract Documents, or which OWNER,
<br /> 14.03 CONTRACTOR's Warranty of Title ENGINEER, and CONTRACTOR agree constitutes a
<br /> separately functioning and usable part of the Work that can be
<br /> A. CONTRACTOR warrants and guarantees that title to used by OWNER for its intended purpose without significant
<br /> all Work, materials, and equipment covered by any Application interference with CONTRACTOR's performance of the
<br /> for Payment, whether incorporated in the Project or not, will remainder of the Work, may be accomplished prior
<br /> to
<br /> pass to OWNER no later than the time of payment free and Substantial Completion of all the Work subject to the following
<br /> dear of all Liens. conditions.
<br /> 14, 04 Substantial Completion 1 , OWNER at any time may request
<br /> CONTRACTOR in writing to permit OWNER to use any
<br /> A. When CONTRACTOR considers the entire Work
<br /> such part of the Work which OWNER believes to be ready for its intended use CONTRACTOR shall
<br />noready for its intended use and substantially complete. If
<br /> fify OWNER CONTRACTOR agrees that such part of the Work is
<br /> and ENGINEER in writing that the entire Work is substantially fete, CONTRACTOR will certify to
<br /> complete (except for items specifically listed by CONTRACTOR substantial ly comp
<br /> as incomplete) and request that ENGINEER issue a certificate OWNER and ENGINEER that such part of the Work issubstantially complete
<br /> and request ENGINEER to issue
<br /> of Substantial Completion. Promptly thereafter, OWNER, a certificate of Substantial Completion for that part of the
<br /> CONTRACTOR, and ENGINEER shall make an inspection R Work CONTRACTOR at any time may notify OWNER
<br /> the Work to determine the status of completion. If ENGINEER and ENGINEER in writing that CONTRACTOR
<br /> does not consider the Work substantially complete, ENGINEER considers any such part of the Work ready for its
<br /> VAR notify CONTRACTOR in writing giving the reasons
<br /> intended use and substantially complete and request
<br /> therefore. if ENGINEER considers the Work substantially ENGINEER to issue a certificate of Substantial
<br /> complete, ENGINEER will prepare and deliver to OWNER a
<br /> Completion for that part of the Work Within a
<br /> tentative certificate of Substantial Completion which shall fix the reasonable time after either such request, OWNER,
<br /> date of Substantial Completion. There shall be attached to the CONTRACTOR, and ENGINEER shall make an
<br /> certificate a tentative list of items to be completed or corrected inspection of that part of the Work to determine
<br /> its
<br /> before final payment. OWNER shall have seven days after
<br /> receipt of the tentative certificate during which to make written status of completion. If ENGINEER does not consider
<br /> objection to ENGINEER as to any provisions of the certificate or that part of the Work to be substantially complete,
<br /> ENGINEER will notify OWNER and CONTRACTOR in
<br /> concludes
<br /> list- If, after considering such ubst tions, ENGINEER writing giving the reasons therefore. If ENGINEER
<br /> concludes that the Work is not substantially complete, considers that part of the Work to be substantially
<br /> ENGINEER will within 14 days after submission of the tentative complete, the puce of paragraph 14.04 will apply
<br /> certificate to OWNER notify CONTRACTOR in writing, stating with respect to certification of Substantial Completion of
<br /> the reasons therefore. If, after consideration of OWNER'S
<br /> objections, ENGINEER considers the Work substantially that part of the Work and the division of responsibility in
<br /> complete, ENGINEER will within said 14 days execute and respect thereof and access thereto.
<br /> deliver to OWNER and CONTRACTOR a definitive certificate of 2 No occupancy or separate operation of part of
<br /> Substantial Completion (with a revised tentative fist of items to the Work may occur prior to compliance
<br /> with the
<br /> be completed or com:ded) reflecting such changes from the requirements of paragraph 5. 10 regarding property
<br /> tentative certificate as ENGINEER believes justified after
<br /> consideration of any objections from OWNER. At the time of insurance.
<br /> delivery of the tentative certificate of Substantial Completion
<br /> ENGINEER will deliver to OWNER and CONTRACTOR a 14,06 Final Inspection
<br /> written recommendation as to division of responsibilities
<br /> A Upon written notice
<br /> pending final payment between OWNER and CONTRACTOR from CONTRACTOR that the
<br /> with respect to security, operation, safety, and protection of the entire Work or an agreed portion thereof is complete,
<br /> Work, maintenance, heat, utilities, insurance, and warranties ENGINEER will promptly make a final inspection with OWNER
<br /> and guarantees. Unless OWNER and CONTRACTOR agree and CONTRACTOR and will notify CONTRACTOR in writing of
<br /> otherwise in writing and so inform ENGINEER in writing prior to all particulars in which this inspection reveals that the Work
<br /> is
<br /> ENGINEER'S issuing the definitive certificate of Substantial incomplete or defective. CONTRACTOR shall immediately take
<br /> Completion, ENGINEER's aforesaid recommendation will be such measures as are necessary to complete such Work or
<br /> binding on OWNER and CONTRACTOR until final payment remedy such deficiencies.
<br /> B, OWNER shall have the right to exclude 14.07 Final Payment
<br /> CONTRACTOR from the Site after the date of Substantial
<br /> Completion, but OWNER shall allow CONTRACTOR A. Application for Payment
<br /> reasonable access to complete or correct items on the tentative 1 .After CONTRACTOR has, in the opinion of
<br /> list• ENGINEER, satisfactorily completed all corrections
<br /> identified during the final inspection and has delivered,
<br /> in accordance with the Contract Documents, all
<br /> maintenance and operating instructions, schedules,.
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