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refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary correclions and resubmit the Application. Ten (10) days after presentation of the Application for Payment with ENGINEER's recommendation, the amount recommended will (subiect to the provisions of the last sentence of paragr ph 14.7) become due and when clue will be paid by OWNER to CONTRACTOR. 14.5 ENGINEER's recornmend7tion of any payment requested in an Application for Payment Will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the Worts in progress as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedoles that the Work has progressed to the point indicated; that, to the best of ENGINEER's knowtedge, information and baliei, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitfe CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR, 14.6 ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whote or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test nullify any such payment previously recommended, to such extent as may be necessary in ENGINIrER's opinion to protect OWNER from loss because: 14.7.1 the Work is defacfive, or completed Work has been damaged requiring correction or replacement, 14.72 the Contract Price has been reduced by Written Amendment of Change Order, 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events ,........cmtod ;^ paragraphs 15.2. i thwuyii 5.2.9 inuivaive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CO^! _'AG 0R's performance or fumishing of the Wcd# or liens have been filed in connection Willi the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for Its intended use, GENEML CONDITIONS GL 33