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CI i i r° i 1 Final Application for Payment: ! 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents (as provided in paragraphs 6.22-6.24) and other documents -all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. hi lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible. have i' been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any i Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Licn. Final Payment and Acceptance. f 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, ! and ENGINEER's review of the final Application for Payment and accompanying documentation -all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed i and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (16) days after receipt of the final Application for Payment, indicate ! in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the f Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating, in writing the reasons for refusing to recommend finaa payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (34) days after presentation to OWNER of tite Application and t accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will i. -come due and will be paid by OWNER to CONTRACTOR. 14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and f if ENGINEER so confirms, OWNER shall, upon receipt of CONfRACI'OR's final application for t Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the WUrk fully completed and accepted. If the I remaining balance to be held by OWNER for Work not Bally completed or corrected is less than the t retainage stipulated in the Agreement, and if Bonds have been furnished as required in pantgriph 5. 1, the written consent of the =urcty to !h nnvelent (if the halance due Ki. !hat pc01lioll of!h� wo'k fully competed and accepted shall be submitted by CONTRACTOR to E-MANEER with the f' Application for such payment. Such payment shall be made under the terms and [.1—litiamc 1- governing iinai payment, except that it shall not constitute a waiver of'clainms. Contractor's Continuing Obligation: 14.15 CONTRAC 0R's obligation to pert'ornt and complete the Work in accorduncs with the Contract ` Documents shall be absolute. Neither recommendation of ;any 11rnttresr nr fin -A P-,tyment by ;,NUINEER, nor the issuance of a certificate of 4ubstantial Completion, nut any p4ymeaat by OWNER to CONTRAC'MR under the ('on!raci I )u urnents, nor any use or occupancy of the Work Lor any part thereof by OWNER, nor any ,act of accclitance by OWNER nor any ]'allure to do so. nor 0I NPRAI t' .' ' 0 — QC - 13 L