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under the terms and conditions governing final payment, B . Review of Application and Acceptance except that it shall not constitute a waiver of Claims. 1 . If, on the basis of ENGINEER' s observa- 14 . 09 Waiver of Claims tion of the Work during construction and final inspection, and ENGINEER' s review of the final Paragraph 14.09 has been deleted and replaced in its Application for Payment and accompanying docu- entirety with a new paragraph. See the Supplementary mentation as required by the Contract Documents, Conditions. ENGINEER is satisfied that the Work has been A. 44e making and aeceptame of fiw4 paynwi# completed and CONTRACTOR' s other obligations eens6w4e: under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the i , a waivef ef ., n Glak-... by Q4NE� final Application for Payment, indicate in writing against G9 d11�81�- except rsn� ENGINEER' s recommendation of payment and fmm wisetfied Liens, &em defeetive Work appear- present the Application for Payment to OWNER for payment. At the same time ENGINEER will also 14 . 06, give written notice to OWNER and CON- TRACTOR that the Work is acceptable subject to speelfied— dwFein, of i£em—GQAW "��s the provisions of paragraph 14 .09 . Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which 2 . a vvaiveF of a4l Glai ,m by G09RAG r case CONTRACTOR shall make the necessary WR agakwA OWNER other than these pfevieus corrections and resubmit the Application for ffede in wFifing whieh are still anseWed. Payment. Paragraph 14.07.C.1 has been deleted and replaced with ARTICLE 15 - SUSPENSION OF WORK AND a new paragraph. See the Supplementary Conditions. TERMINATION C. Payment Becomes Due 15 .01 OWNER May Suspend Work CIRPMER of the Applievatim� f r Payment m. The last sentence of Paragraph 15.01 .A has been deleted and replaced with new sentences. See the when due wiN be paid by OWNER to CON Supplementary Conditions. `''D "� A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not 14.08 Final Completion Delayed more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on A. If, through no fault of CONTRACTOR, final which Work will be resumed. CONTRACTOR shall completion of the Work is significantly delayed, and if resume the Work on the date so fixed. COMPRACTOR ENGINEER so confirms, OWNER shall, upon receipt of shall be allowed an adjustment in the Gentmet Pr-iee er- CONTRACTOR' s final Application for Payment and recommendation of ENGINEER, and without terminating agFibutable to any saah suspension if GQbn2RAGT-QR the Agreement, make payment of the balance due for that . portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not 15 .02 OWNER May Terminate for Cause fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been A. The occurrence of any one or more of the furnished as required in paragraph 5 .01 , the written consent following events will justify termination for cause : of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be 1 . CONTRACTOR' s persistent failure to submitted by CONTRACTOR to ENGINEER with the perform the Work in accordance with the Contract Application for such payment. Such payment shall be made Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- Rev . 03 / 2006 Egret Marsh 00700 - 43