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4. Neither ENGINEER's review of D. Reduction in Payment CONTRACTOR's Work for the purposes of 1 . OWNER may refuse to make recommending payments nor ENGINEER's payment of the full amount recommended by recommendation of any payment, including final ENGINEER because: payment, will impose responsibility on ENGINEER to supervise, direct, or control the a. claims have been made against Work or for the means, methods, techniques, OWNER on account of CONTRACTOR's sequences, or procedures of construction , or performance or furnishing of the Work; the safety precautions and programs incident thereto, or for CONTRACTOR's failure to b. Liens have been filed in connection comply with Laws and Regulations applicable to with the Work, except where CONTRACTOR's performance of the Work. CONTRACTOR has delivered a specific Additionally, said review or recommendation will Bond satisfactory to - OWNER to secure the not impose responsibility on ENGINEER to satisfaction and discharge of such Liens; make any examination to ascertain how or for what purposes CONTRACTOR has used the c. there are other items entitling OWN- moneys paid on account of the Contract Price, ER to a set-off against the amount or to determine that titre to any of the Work, recommended ; or materials, or equipment has passed to OWNER free and clear of any Liens. d . OWNER has actual knowledge of the occurrence- of any of the events. enumerated 5. ENGINEER may refuse to recom- in paragraphs 14. 02. B. 5. a through mend the whole or any part of any payment if, 14. 02. B. 5.c or paragraph 15. 02 .A. in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred 2. If OWNER refuses to make payment to in paragraph 14. 02. B.2. ENGINEER may of the full amount recommended by also refuse to recommend any such payment ENGINEER, OWNER must give or, because of subsequently discovered CONTRACTOR immediate written notice (with evidence or the results of subsequent a copy to ENGINEER) stating the reasons for inspections or tests, revise or revoke any such such action and promptly pay CONTRACTOR payment recommendation previously made, to any amount remaining after deduction of the such extent as may be necessary in amount so withheld. OWNER shall promptly ENGINEER's opinion to protect OWNER from pay CONTRACTOR the amount so withheld , or loss because: any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR a. the Work is defective, or completed corrects to OWNER's satisfaction the reasons Work has been damaged , requiring for such action . correction or replacement; 3. If it is subsequently determined that b. the Contract Price has been reduced OWNER's refusal of payment was not justified, by Written Amendment or Change Orders, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph c. OWNER has been required to correct 14. 02 . C. 1 . defective Work or complete Work in accor- dance with paragraph 13. 09; or 14 . 03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees the OGGUFFenGe of any of the events that title to all Work, materials, and equipment covered . by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than C . Payment Becomes Due the time of payment free and clear of all Liens. i Ten days afteF pFesentation of the 14 . 04 Substantial Completion ENGINEER'sAppliGatien fQF Payment to OWNER with A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the due YAII be paid by OWNER ta CONTR ACTOR entire Worts is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) 00700 - General Conditions REV 04-07.doc 00700 - 38 F•%Pi ihiir. Works\FNGINFERING DIVISION PROJECTS\0545.66Th Ave SR60 to 57th St (ArcadiS)%Admim\Bid Documentst00700 - General Conditions REV 04-07.doc