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14.07 Final Payment will become due and , when due, will be paid by OWN-
<br /> ER to CONTRACTOR.
<br /> A. Application for Payment
<br /> 14.08 Final Completion Delayed
<br /> 1 .After CONTRACTOR has , in the opinion of
<br /> ENGINEER, satisfactorily completed all corrections A. If, through no fault of CONTRACTOR, final completion
<br /> identified during the final inspection and has delivered, of the Work is significantly delayed, and if ENGINEER
<br /> so
<br /> in accordance with the Contract Documents , all main- confirms, OWNER shall, upon receipt of CONTRACTOR's final
<br /> tenance and operating instructions , schedules , guaran- Application for Payment and recommendation of ENGINEER,
<br /> tees, Bonds , certificates or other evidence of insurance and without terminating the Agreement, make payment of the {y;
<br /> certificates of inspection, marked-up record documents balance due for that portion of the Work fully completed and
<br /> (as provided in paragraph 6. 12), and other documents , accepted. If the remaining balance to be held by OWNER for
<br /> CONTRACTOR may make application for final payment Work not fully completed or corrected is less than the retainage
<br /> following the procedure for progress payments . stipulated in the Agreement, and if Bonds have been furnished
<br /> as required in paragraph 5.01 , the written consent of the surety
<br /> 2.The final Application for Payment shall be to the payment of the balance due for that portion of the
<br /> Work
<br /> accompanied (except as previously delivered) by: (i) all fully completed and accepted shall be submitted by
<br /> CON-
<br /> documentation called for in the Contract Documents , TRACTOR to ENGINEER with the Application for such
<br /> including but not limited to the evidence of insurance payment. Such payment shall be made under the terms and
<br /> required by subparagraph 5.04.B.7; (ii) consent of the conditions governing final payment, except that it
<br />shall not
<br /> surety, if any, to final payment; and (iii) complete and constitute a waiver of Claims.
<br /> legally effective releases or waivers (satisfactory to
<br /> OWNER) of all Lien rights arising out of or Liens filed in 14.09 Waiver of Claims
<br /> connection with the Work.
<br /> A. The making and acceptance of final payment will
<br /> 3. In lieu of the releases or waivers of Liens constitute:
<br /> specified in paragraph 14.07.A.2 and as approved by
<br /> OWNER, CONTRACTOR may fumish receipts or 1 . a waiver of all Claims by OWNER against
<br /> releases in full and an affidavit of CONTRACTOR that: CONTRACTOR, except Claims arising from unsettled
<br /> (i) the releases and receipts include all labor, services , Liens, from defective Work appearing after final
<br /> material, and equipment for which a Lien could be filed; inspection pursuant to paragraph 14. 06, from failure to
<br /> and (ii) all payrolls, material and equipment bills, and comply with the Contract Documents or the terms of
<br /> other indebtedness connected with the Work for which any special guarantees specified therein, or from
<br /> OWNER or OWNER's property might in any way be CONTRACTOR's continuing obligations under the
<br /> responsible have been paid or otherwise satisfied. If Contract Documents; and
<br /> any Subcontractor or Supplier fails to furnish such a
<br /> release or receipt in full, CONTRACTOR may furnish a 2. a waiver of all Claims by CONTRACTOR against
<br /> Bond or other collateral satisfactory to OWNER to OWNER other than those previously made in writing
<br /> indemnify OWNER against any Lien. which are still unsettled.
<br /> B. Review of Application and Acceptance
<br /> ARTICLE 15 - SUSPENSION OF WORK AND
<br /> 1 . If, on the basis of ENGINEER's observation of TERMINATION
<br /> the Work during construction and final inspection, and fl
<br /> ENGINEER's review of the final Application for Payment
<br /> and accompanying documentation as required by the 15.01 OWNER May Suspend Work
<br /> Contract Documents, ENGINEER is satisfied that the
<br /> Work has been completed and CONTRACTOR's other A. At any time and without cause, OWNER may suspend
<br /> obligations under the Contract Documents have been the Work or any portion thereof for a period of not more than 90
<br /> fulfilled, ENGINEER will, within ten days after receipt of consecutive days by notice in writing to CONTRACTOR and
<br /> the final Application for Payment, indicate in writing ENGINEER which will fix the date on which
<br /> Work will be
<br /> ENGINEER's recommendation of payment and present resumed. CONTRACTOR shall resume the Work on the date
<br /> the Application for Payment to OWNER for payment. At so fixed. CONTRACTOR shall be allowed an adjustment in the
<br /> the same time ENGINEER will also give written notice Contract Price or an extension of the Contract Times , or both,
<br /> to OWNER and CONTRACTOR that the Work is directly attributable to any such suspension if CONTRACTOR
<br /> acceptable subject to the provisions of paragraph 14.09. makes a Claim therefore as provided in paragraph 10.05.
<br /> Otherwise, ENGINEER will return the Application for
<br /> Payment to CONTRACTOR, indicating in writing the 15.02 OWNER May Terminate for Cause
<br /> reasons for refusing to recommend final payment, in
<br /> which case CONTRACTOR shall make the necessary A. The occurrence of any one or more of the following
<br /> corrections and resubmit the Application for Payment. events will justify termination for cause:
<br /> C. Payment Becomes Due 1 . CONTRACTOR's persistent failure to perform
<br /> the Work in accordance with the Contract Documents
<br /> 1 .Thirty days after the presentation to OWNER of (including, but not limited to, failure to supply sufficient
<br /> the Application for Payment and accompanying docu- skilled workers or suitable materials or equipment or
<br /> mentation, the amount recommended by ENGINEER failure to adhere to the progress schedule established
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