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releases and receipts include all labor, Agreement, and if Bonds have been furnished as services , material , and equipment for which a required in paragraph 5 . 01 , the written consent of the Lien could be filed ; and ( ii ) all payrolls , material surety to the payment of the balance due for that and equipment bills , and other indebtedness portion of the Work fully completed and accepted connected with the Work for which OWNER or shall be submitted by CONTRACTOR to ENGINEER OWNER 's property might in any way be with the Application for such payment. Such payment responsible have been paid or otherwise satis- shall be made under the terms and conditions Pied . If any Subcontractor or Supplier fails to governing final payment, except that it shall not furnish such a release or receipt in full , CON - constitute a waiver of Claims . TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify 14 . 09 Waiver of Claims OWNER against any Lien . A. The making and acceptance of final payment B . Review of Application and Acceptance will constitute : 1 . If, on the basis of ENGINEER ' s 1 . a waiver of all Claims by OWNER observation of the Work during construction against CONTRACTOR , except Claims arising and final inspection , and ENGINEER Is review from unsettled Liens , from defective Work of the final Application for Payment and appearing after final inspection pursuant to accompanying documentation as required by paragraph 14 . 06 , from failure to comply with the Contract Documents , ENGINEER is the Contract Documents or the terms of any satisfied that the Work has been completed special guarantees specified therein , or from and CONTRACTOR ' s other obligations under CONTRACTOR 's continuing obligations under the Contract Documents have been fulfilled , the Contract Documents ; and ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in 2 , a waiver of all Claims by CONTRAC- writing ENGINEER' s recommendation of TOR against OWNER other than those payment and present the Application for previously made in writing which are still Payment to OWNER for payment. At the unsettled . same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provi- ARTICLE 15 - SUSPENSION OF WORK AND sions of paragraph 14 . 09 . Otherwise , TERMINATION ENGINEER will return the Application for Payment to CONTRACTOR , indicating in writing the reasons for refusing to recommend 15 . 01 OWNER May Suspend Work final payment, in which case CONTRACTOR shall make the necessary corrections and A. At any time and without cause , OWNER may resubmit the Application for Payment, suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in C . Payment Becomes Due writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - 1 . Thirty daysfter thc�e6eRtat& tG TRACTOR shall resume the Work on the date so QW, IF�= R of the AppliGatilen foF Payment and fixed . CONTRACTOR shall be allowed aR adpast� aGGIGIMpanying the aFnGLIRt ment On the nntrant Drinc ln extension of th tz rornmmeRde J by ENGINEER wdue. (�ill bcnn r! and , when due , will be paid by OWNER te 61JGh 6uspen6ffion if CONTRACTOR =* P1,; 14 . 08 Final Completion Delayed 15 . 02 OWNER May Terminate for Cause A. If, through no fault of CONTRACTOR , final A. The occurrence of any one or more of the completion of the Work is significantly delayed , and if following events will justify termination for cause : ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR ' s final Application for Payment and 1 . CONTRACTOR ' s persistent failure recommendation of ENGINEER , and without to perform the Work in accordance with the terminating the Agreement, make payment of the Contract Documents ( including , but not limited balance due for that portion of the Work fully to , failure to supply sufficient skilled workers or completed and accepted . If the remaining balance to suitable materials or equipment or failure to be held by OWNER for Work not fully completed or adhere to the progress schedule established corrected is less than the retainage stipulated in the 00700 - General Conditions REV 04-07. doc 00700 - 40 F: \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc