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i <br />C-1 <br />• <br />0 <br />an extension of the Contract Time because of any delay in performance of the Work <br />attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. <br />ARTICLE 14. PAYMENTS -TQ CONTRACTOR AND COMP_LETJ <br />Schedule of Values: <br />14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis <br />for progress payments and will be incorporated into a form of Application for Payment <br />acceptable to ENGINEER. Progress payments on account of Unit Price Work will be <br />based on the number of units completed.. <br />A;oPlica#ion for Progrems Payment: <br />14.2 At least twenty (20) days before each progress payment is scheduled (but not more often <br />than once a month), CONTRACTOR shall submit to ENGINEER for review an Application <br />for Payment filled out and signed by CONTRACTOR covering the Work completed as of <br />the date of the Application and accompanied by such supporting documentation as is <br />required by the Contract Documents. If payment is requested on the basis of materials <br />and equipment not incorporated in the Work but delivered and suitably stored at the site <br />or at another location agreed to in writing, the Application for Payment shall also be <br />accompanied by a bill of sale, invoice or other documentation warranting the OWNER has <br />received the materials and equipment free and clear of all liens, charges, security interests <br />and encumbrances (which are hereinafter in these General Conditions referred to as <br />"Liens") and evidence that the materials and equipment are covered by appropriate <br />property insurance and other arrangements to protect O1. NEP's interest t; .crein, all of <br />which will be satisfactory to OWNER. The amount of retainage with respect to progress <br />payments will be as stipulated in the Agreement. <br />CONTRACTOR's Warranty of Title: <br />14..3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment <br />covered by any Application for Payment, whether incorporated in the Project or not, will <br />pass to OWNER no later than the time of payment, free and clear of all Liens. <br />Review of Applications for Progress Payment: <br />14.4 ENGINEER will, within ten (10) days after receipt of each application for Payment, either <br />indicate in writing a recommendation of payment and present the Application to OWNER, <br />or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for <br />refusing to recommend payment. In the latter case, CONTRACTOR may make the <br />necessary corrections and resubmit the Application. Ten (1 Q) days after presentation of <br />thR Annlir^ation fnr PA ivrnonl w fl7 roorimmanrinhrin fhn Omni inf rarnrr�mcan�fnnC <br />will (subject to the provisions of the last sentence of paragraph 14.7) become due and <br />when due will be paid by OWNER to CONTRACTOR. <br />14.5 ENGINEER's recommendation of any payment requested in an Applicaflon for Payment <br />will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site <br />observations of the Work in progress as an experienced and qualified design profes ,ional <br />and on ENGINEER's review of the Application for Payment and the accompanying data <br />and schedules that the Work has progressed to the point indicated; that, to the best of <br />ENGINEER's knowledge, information and belief, the quality of the Work is in accordance <br />with the Contract Documents (subject to an evaluation of the Work as a functioning whole <br />,P14FRAL CONDITIONS <br />