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rights arising out of or Liens filed in connection 14 .08 Final Completion Delayed with the Work. A. If, through no fault of CONTRACTOR, final 3 . In lieu of the releases or waivers of completion of the Work is significantly delayed , and if Liens specified in paragraph 14.07 .A.2 and as ENGINEER so confirms , OWNER shall , upon receipt approved by OWNER, CONTRACTOR may of CONTRACTOR's final Application for Payment and furnish receipts or releases in full and an recommendation of ENGINEER, and without terminat- affidavit of CONTRACTOR that: (i) the releases Ing the Agreement, make payment of the balance due and receipts include all labor, services, for that portion of the Work fully completed and material , and equipment for which a Lien could accepted . If the remaining balance to be held by be filed ; and (ii) all payrolls, material and OWNER for Work not fully completed or corrected is equipment bills , and other indebtedness less than the retainage stipulated in the Agreement, connected with the Work for which OWNER or and if Bonds have been furnished as required in OWNER's property might in any way be paragraph 5.01 , the written consent of the surety to responsible have been paid or otherwise satis- the payment of the balance due for that portion of the Pied . If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted furnish such a release or receipt in full , CON- by CONTRACTOR to ENGINEER with the Application TRACTOR may furnish a Bond or other for such payment. Such payment shall be made collateral satisfactory to OWNER to indemnify under the terms and conditions governing final OWNER against any Lien . payment, except that it shall not constitute a waiver of Claims . B . Review of Application and Acceptance 14 . 09 Waiver of Claims 1 . If, on the basis of ENGINEER's observation of the Work during construction A. The making and acceptance of final payment and final inspection , and ENGINEER's review will constitute: of the final Application for Payment and accompanying documentation as required by 1 . a waiver of all Claims by OWNER the Contract Documents, ENGINEER is against CONTRACTOR, except Claims arising satisfied that the Work has been completed from unsettled Liens, from defective Work and CONTRACTOR's other obligations under appearing after final inspection pursuant to the Contract Documents have been fulfilled , paragraph 14.06 , from failure to comply with the ENGINEER will , within ten days after receipt of Contract Documents or the terms of any special the final Application for Payment, indicate in guarantees specified therein , or from writing ENGINEER's recommendation of CONTRACTOR's continuing obligations under payment and present the Application for the Contract Documents; and Payment to OWNER for payment. At the same time ENGINEER will also give written notice to 2a a waiver of all Claims by CONTRAC- OWNER and CONTRACTOR that the Work is TOR against OWNER other than those acceptable subject to the provisions of previously made in writing which are still paragraph 14.09 . Otherwise, ENGINEER will unsettled . return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final ARTICLE 15 - SUSPENSION OF WORK AND payment, in which case CONTRACTOR shall TERMINATION make the necessary corrections and resubmit the Application for Payment. 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period OWNER of the AppliGatien f49F PayineRt and of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - and , when due, will be paid by OWNER to TRACTOR shall resume the Work on the date so fixed . CO. NITRWACTOR shall be allowed an aciJustmen 00700 - General Conditions REV 0447.doc 00700 - 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documentst00700 - General Conditions REV 04- 07.doc