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of the final Application for Payment and 1t a waiver of all Claims by OWNER accompanying documentation as required by against CONTRACTOR , except Claims arising the Contract Documents , ENGINEER is from unsettled Liens , from defective Work satisfied that the Work has been completed appearing after final inspection pursuant to and CONTRACTOR's other obligations under paragraph 14 . 06 , from failure to comply with the the Contract Documents have been fulfilled , Contract Documents or the terms of any special ENGINEER will , within ten days after receipt of guarantees specified therein , or from the final Application for Payment , indicate in CONTRACTOR's continuing obligations under writing ENGINEER's recommendation of the Contract Documents ; and payment and present the Application for Payment to OWNER for payment . At the same 20 a waiver of all Claims by CONTRAC- time ENGINEER will also give written notice to TOR against OWNER other than those OWNER and CONTRACTOR that the Work is previously made in writing which are still acceptable subject to the provisions of unsettled . paragraph 14 . 09 . Otherwise , ENGINEER will return the Application for Payment to CONTRACTOR , indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall 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 of not more than 90 consecutive days by notice in OWNER of the Applil for Payment ;; Ad writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - TRACTOR shall resume the Work on the date so 2Rd , WheR III 1A ; Agmll be paid by QVVNF= R to fixed . 14 . 08 Final Completion Delayed as provided iR paragpaph 10 05 A. If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement , make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents ( including , but not limited less than the retainage stipulated in the Agreement , to , failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment . Such payment shall be made 2 . CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment , except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR's disregard of the 14 . 09 Waiver of Claims authority of ENGINEER; or A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any will constitute : substantial way of any provisions of the Contract Documents . 00700 - General Conditions REV 04-07 .doc 00700 - 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc