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40 <br />4& <br />• <br />0 <br />If, after considering such objections, ENGINEER concludes that the Work is not <br />substantially complete, ENGINEER will within fourteen (14) days after submission of the <br />tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons <br />therefor. If after consideration of OWNER's objections, ENGINEER considers the Work <br />substantially complete, ENGINEER will within said fourteen (14) days execute and deliver <br />to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a <br />revised tentative list of items to be completed or corrected) reflecting such changes from <br />the tentative certificate as ENGINEER believes justified after consideration of any <br />objections from OWNER. At the time of delivery of the tentative certificate of Substantial <br />Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written <br />recommendation as to division of responsibilities pending final payment between OWNER <br />and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities <br />insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing <br />and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate. of <br />Substantial Completion, 'ENGINEER's aforesaid recommendations will be binding on <br />OWNER and CONTRACTOR until final payment. <br />14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of <br />Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to <br />complete or correct items on the tentative list. <br />Partial Utilization: <br />14.10 Use by OWNER of any finished part of the Work; which has specifically been identified in <br />the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree <br />constitutes a separately functioning and usable hart of the Work that can be used by <br />OWNER without significant interference with CONTRACTOR's performance of the <br />remainder of the Work, may be accomplished prior to Substantial Completion of all the <br />Work subject to the following: <br />14.101.1 OWNER at any time may request CONTRACTOR in writing to permit <br />OWNER to use any such part of the Work which OWNER believes to be <br />reedy for its intended use and sulastant ally compla". If CONTRACTOR <br />agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part <br />of the Work is substantially complete and request ENGINEER to issue a <br />certificate of Substantial Completion for that part of the Work. <br />CONTRACTOR at any time may notify OWNER and ENGINEER in writing <br />that CONTRACTOR considers any such part of the Work ready for its <br />intended use and substantially complete and request ENGINEER to issue <br />a certificate of Substantial Completion for that part of the Work. Within a <br />reasonable time after either such request, OWNER, CONTRACTOR and <br />ENGINEER shall make an inspection of that part of the Work to determine <br />its status of completion. If ENGINEER does not consider that part of the <br />Work to be substantially complete, ENGINEER will notify OWNER and <br />CONTRACTOR in writing giving the reasons therefor. If ENGINEER <br />considers that part of the Work to be substantially complete, the provisions <br />of paragraphs 14.8 and 14.9 will apply with respect to certification of <br />Substantial Completion of that part of the Work and the division of <br />responsibility in respect thereof and access thereto. <br />14.101.2 OWNER may at any time request CONTRACTOR in writing to permit <br />OWNER to take over operation of any such part of the Work although it is <br />not substantially complete. A copy of such request will be sent to <br />ENGINEER and within a reasonable time thereafter OWNER, <br />GENERAL CONDITIONS <br />