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40 r will be incotifasaled into a form of Applieatian for Paymem arxxptable to ENGINEER. prn{ness payments rete account of Unit price Worst will be based on the number of units eon• pitted, I Aj 764 dur& f v P+Wrers Payment" 14.2 At least twenty days before the date established for ,each progress payment (but not more often thin once a maneCOon for payment filled out aR &hill submit to nd sign d INEER by revieww an Application C jNTIRAC OR coycring the Work completed as or the date or the Application and accompanied by such supposing documentation as is required by the Contract Documents, if payment is reques'te'd on the basis of materials and equip- ment not Incorporated in the Work but delivered and suitably stored at the site or as another locattion apaA to in writing. the AppIicatian for payment shall also b,__ accompanied by a bill of We. invoice or other documentation warranting that OWN CR has reecived the materials and equipment free and clear of 111 Urns and evidence that the. materials and equipment arc coycred by appropriate property insurance and otherarrangcrnents to protect OWNER'sinterest therein. all or which *will tic satisfactory to OWNER. The amount of retainage with rcW_Ct to progress pa±mtents will be as ztipulased in the Agreement. CoffrRACIVR't W-rantf of Me.' 14.3. CONTRACTOR warrants and guarantees that title to all Work. rnalet WS and equipment covered by any Applicadon for payment. Whether incorporated in the Project or not. will pass to OWNER no Luer than the time of payment free and clear of all Lams. Re.irw of AWZ-Xidrts forPrcgr- Pur.naattf 14.4. ENGINM will. within ten days afar receipt of each Application for Payment. either indicate in writing I romtr.ndatian of payment and present the Application to Otir"rrER, or return the AF„ IicadGn to CONTRJ4�r'l'OR in li• i Ir,g in ':...� "El .tf�FFu•.: -imvn%forrefusingtorvcAm- mratd payment. In the latter ea: w CONTRACTOR IOR ntay make the noa'asary corrections and m=brnit the Application. Ten days after presentation of the Appiicasion for Paynuns to OWNER VAth ENGINEER'S rommmendation. the aero'tnt rrcnmmended will (subject to the provisions of the last sen- tencc of frara4g;aph 14.71 beca^x due and when 4u will be paid by OWN K.K to LrUiv i1ilu: t uK. 14.5. ENG:NEER's recornmcnd-2tion of any payment rc- questod in an Application for Payment will constitute a rrpre- sentation by ENG INEERto OW14ER. bascdon ENGIN1-ER's on site observations of the exrxutcd Work as an expsrimecd and qusliCtod design professional and on ENGINEER'S Levi -v of she Application for payrrtertt esti the accompanying data Ind schedules. that to the best ail NGINEER's knowledge infnr- hzL':n lYJiff, 14.5.1. the Work has progressed to the point indicated, the quality of the Work is, gciteralty in accor- dance with she Contract Dmumcnts tsubjccs to an evalu- ation of the Work as a functioning whole prior to orupon Substantial Completion. to the, results of any subsequent tests cAlcd for in dte r-osttract Docttrnetiis. to a final determinarian ar gttansities and elassirtcations for unit Price Work under paragraph 4.ID. and to any other quall- firations stated it, th-- recomrncndationl. and 14.5.3. the conditions precedent to CO1'fMAC OR's 1aeing entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. liowever. by rernnunendins any such payment E14GINFER will not thereby be deemed to have represented exhaustive or continuous ott-arte mspecttata have been nnsde 10 check file quality or the quantity of the Work beyond the responsibilities specifxallY assigned to ENGINEER in the Con tra.et Documents or fill that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additianilly by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. i;NGINEER's rccnnunendation of anY payttrcaL in- ciuding tirul payment. shalt not meal, that ENGINEER is res�ponsiblefor CONTRACLt]R's means° methods. techniques. scquen,xs or pn=dures orcoastmcdon. or she safety Pm=u- tions and progsartu incident thereto, or for any faihmo or COtfi'Rl,MR to comply with Laws and Rtgulatimts "Ii - cable 10 the furnishing or performance of Work. or for any failure or CONTRACTOR to perform or furnish Work in secordance with the Contract Documents. 1.1.7. ENGINEER may refuse tot'ccorrtmend t9te whole or any part of any pxymcm if. in ENGINEER's opinion. It would be iricoctcc% to make the representations to OWNER referred to in .paragraph 14.$. ENGINEER may also refuse so recom- mend any such payment. or, because of subscqucntly discov- cmd evidence or the results of -ibsequent inspcGians ar tests. nullify any such payment previously reconuncnded. to such extant as nay be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the :':ori' is defective, or completed Work has f n dvm_mgesl rm«irinv. carnxtirn or repU=mcttt, 14.7.'_ the Contrail price has been reduced by Writ- ten Amendment or Change Order. 14.7.3. OWNER has been required to torrent defer - rive Woek or complete hark in aceordatlin withparagraph 13.14. or 14.7.4. CNGINEER has actual knowlulgc of the oc- enrrcnce of any of the events enumerated in pafasrap'hs 15.2.1 throug_b 15.2.4 inclusive. OWNER &nay rc(use to make psymem of Ute full amount recommended by ENO INEER bemuse: 14.7.5. Claims have been nude afarnst OWNER on account of CONIRACTOR1 perfaxmanoe L furriizh;ng of tilt Wort•..