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' graphs 14.02. B.5.a through 14.02. B.5.c or para- ENGINEER's issuing the definitive certificate of Substantial graph 15.02.A. Completion , ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must B. OWNER shall have the right to exclude give CONTRACTOR immediate written notice (with a CONTRACTOR from the Site after the date of Substantial copy to ENGINEER) stating the reasons for such action Completion, but OWNER shall allow CONTRACTOR and promptly pay CONTRACTOR any amount reasonable access to complete or correct items on the tentative remaining after deduction of the amount so withheld. list OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by 14.05 Partial Utilization OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such A. Use by OWNER at OWNER's option of any action. substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ' 3. If it is subsequently determined that OWNER's ENGINEER, and CONTRACTOR agree constitutes a refusal of payment was not justified, the amount separately functioning and usable part of the Work that can be wrongfully withheld shall be treated as an amount due used by OWNER for its intended purpose without significant as determined by paragraph 14. 02. C. 1 . interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to 14. 03 CONTRACTOR's Warranty of Title Substantial Completion of all the Worts subject to the following conditions. A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application 1 . OWNER at any time may request CON- for Payment, whether incorporated in the Project or not, will TRACTOR in writing to permit OWNER to use any such pass to OWNER no later than the time of payment free and part of the Work which OWNER believes to be ready for clear of all Liens . its intended use and substantially complete. If ' CONTRACTOR agrees that such part of the Work is 14.04 Substantial Completion substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is A. When CONTRACTOR considers the entire Work substantially complete and request ENGINEER to issue ready for its intended use CONTRACTOR shall notify OWNER a certificate of Substantial Completion for that part of the and ENGINEER in writing that the entire Work is substantially Work. CONTRACTOR at any time may notify OWNER complete (except for items specifically listed by CONTRACTOR and ENGINEER in writing that CONTRACTOR as incomplete) and request that ENGINEER issue a certificate considers any such part of the Work ready for its of Substantial Completion. Promptly thereafter, OWNER, CON- intended use and substantially complete and request TRACTOR, and ENGINEER shall make an inspection of the ENGINEER to issue a certificate of Substantial Work to determine the status of completion. If ENGINEER Completion for that part of the Work. Within a does not consider the Work substantially complete, ENGINEER reasonable time after either such request, OWNER, will notify CONTRACTOR in writing giving the reasons CONTRACTOR, and ENGINEER shall make an therefore. If ENGINEER . considers the Work substantially com- inspection of that part of the Work to determine its plete, ENGINEER will prepare and deliver to OWNER a tenta- status of completion. If ENGINEER does not consider tive certificate of Substantial Completion which shall fix the date that part of the Work to be substantially complete, of Substantial Completion. There shall be attached to the ENGINEER will notify OWNER and CONTRACTOR in certificate a tentative list of items to be completed or corrected writing giving the reasons therefore. If ENGINEER before final payment. OWNER shall have seven days after considers that part of the Work to be substantially receipt of the tentative certificate during which to make written complete, the provisions of paragraph 14.04 will apply objection to ENGINEER as to any provisions of the certificate or with respect to certification of Substantial Completion of attached list If, after considering such objections, ENGINEER that part of the Work and the division of responsibility in concludes that the Work is not substantially complete, respect thereof and access thereto. ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating 2. No occupancy or separate operation of part of the reasons therefore. If, after consideration of OWNER's the Work may occur prior to compliance with the objections, ENGINEER considers the Work substantially requirements of paragraph 5. 10 regarding property complete, ENGINEER will within said 14 days execute and insurance. deliver to OWNER and CONTRACTOR a definitive certificate of ' Substantial Completion (with a revised tentative list of items to 14.06 Final Inspection be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after A. Upon written notice from CONTRACTOR that the consideration of any objections from OWNER. At the time of entire Work or an agreed portion thereof is complete, delivery of the tentative certificate of Substantial Completion ENGINEER will promptly make a final inspection with OWNER ENGINEER will deliver to OWNER and CONTRACTOR a and CONTRACTOR and will notify CONTRACTOR in writing of written recommendation as to division of responsibilities all particulars in which this inspection reveals that the Work is pending final payment between OWNER and CONTRACTOR incomplete or defective. CONTRACTOR shall immediately take ' with respect to security, operation, safety, and protection of the such measures as are necessary to complete such Work or Work, maintenance, heat, utilities, insurance, and warranties remedy such deficiencies. and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ' 6706-38392\8/20/03 00700-31 VRB