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limited to the evidence of insurance required by aGGIGIMpanying the aMG61R <br /> subparagraph 5 . 04 . B . 7 , ( ii ) consent of the ceded by ENGINEER 'well h <br /> eGen; e due <br /> surety , if any, to final payment , and ( iii ) and , when due , will be paid by OWNER to <br /> complete and legally effective releases or <br /> waivers ( satisfactory to OWNER ) of all Lien <br /> rights arising out of or Liens filed in connection 14 . 08 Final Completion Delayed <br /> with the Work . <br /> A. If, through no fault of CONTRACTOR , final <br /> 3 . In lieu of the releases or waivers of completion of the Work is significantly delayed , <br /> and if <br /> Liens specified in paragraph 14 . 07 . A . 2 and as ENGINEER so confirms , OWNER shall , upon receipt <br /> approved by OWNER , CONTRACTOR may of CONTRACTOR ' s final Application for Payment and <br /> furnish receipts or releases in full and an recommendation of ENGINEER , and without terminat- <br /> affidavit of CONTRACTOR that: ( i ) the releases ing the Agreement, make payment of the balance due <br /> and receipts include all labor, services , for that portion of the Work fully completed and <br /> material , and equipment for which a Lien could accepted . If the remaining balance to be held <br /> by <br /> be filed ; and ( ii ) all payrolls , material and OWNER for Work not fully completed or corrected is <br /> equipment bills , and other indebtedness less than the retainage stipulated in the Agreement, <br /> connected with the Work for which OWNER or and if Bonds have been furnished as required in <br /> OWNER 's property might in any way be paragraph 5 . 01 , the written consent of the surety to <br /> responsible have been paid or otherwise satis- the payment of the balance due for that portion of the <br /> Pied . If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted <br /> furnish such a release or receipt in full , CON - by CONTRACTOR to ENGINEER with the Application <br /> TRACTOR may furnish a Bond or other for such payment. Such payment shall be made <br /> collateral satisfactory to OWNER to indemnify under the terms and conditions governing final <br /> OWNER against any Lien , payment, except that it shall not constitute a waiver of <br /> Claims . <br /> B . Review ofApplication and Acceptance <br /> 14 . 09 Waiver of Claims <br /> 1 . If, on the basis of ENGINEER ' s <br /> observation of the Work during construction A. The making and acceptance of final payment <br /> and final inspection , and ENGINEER's review will constitute : <br /> of the final Application for Payment and <br /> accompanying documentation as required by 1 . a waiver of all Claims by OWNER <br /> the Contract Documents , ENGINEER is against CONTRACTOR , except Claims arising <br /> satisfied that the Work has been completed from unsettled Liens , from defective Work <br /> and CONTRACTOR 's other obligations under appearing after final inspection pursuant to <br /> the Contract Documents have been fulfilled , paragraph 14 . 06 , from failure to comply with the <br /> ENGINEER will , within ten days after receipt of Contract Documents or the terms of any special <br /> the final Application for Payment, indicate in guarantees specified therein , or from <br /> writing ENGINEER ' s recommendation of CONTRACTOR ' s continuing obligations under <br /> payment and present the Application for the Contract Documents ; and <br /> Payment to OWNER for payment. At the same <br /> time ENGINEER will also give written notice to 2 * a waiver of all Claims by CONTRAC- <br /> OWNER and CONTRACTOR that the Work is TOR against OWNER other than those <br /> acceptable subject to the provisions of previously made in writing which are still <br /> paragraph 14 . 09 . Otherwise , ENGINEER will unsettled , <br /> return the Application for Payment to <br /> CONTRACTOR , indicating in writing the <br /> reasons for refusing to recommend final ARTICLE 15 - SUSPENSION OF WORK AND <br /> payment, in which case CONTRACTOR shall TERMINATION <br /> make the necessary corrections and resubmit <br /> the Application for Payment. <br /> C . Payment Becomes Due 15 . 01 OWNER May Suspend Work <br /> A. At any time and without cause , OWNER may <br /> 1 Thirty days afteF the prow tatiGR ton suspend the Work or any portion thereof for a period <br /> OWNER of the App "GatieR fGr Payment and of not more than 90 consecutive days by notice <br /> In <br /> 00700 - General Conditions REV 5- 10- 13 ioc <br /> 00700 - 42 <br /> F :\Pl.,blic Works\ENGINEERING DIVISION PROJF ( TS\ 1341 -Historic Dodgertown (fka VB Sports Village) Room Renovations)Vadmin\bid doc % imentsWaster Contract <br /> Docs\Master Contract <br /> DOCnments\00700 - General Conditions REV 5- 1I1 13. doc <br />