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Cgntractor shall then submit a request for anollaer inspection by the Architect to determine Substantial Completion 9.6.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a. Certificate of Substantial Completion which shall establish the date of Substantial Completion. shrill establish responsibilities of the Owner and Contractor for security, maintenance, heal, utilities. damage to lite Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list acconip raying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in rhe Certificate of Substantial Completion. 9.8.6+ The Certificate of Substantial Completion shall be submitted 10 rhe Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, talc owner shall reduce the retainage withheld. if and as pros t led c_Iscwhere ill the Contract 13ocuments. ii7pke pi►ymeiii crf reininnge ipplyiieg to suchWe oresigiui edpoirticti"herecif, Such payment shall be adjusled for Work that is incomplete or not in accordance with ilia requirements of the Contract Documents. 9.9 PARTIAL_ OCCUPANCY OR USE 9.9.1 The [honer may occupy or use any completed or partially completed portion of the Work al any stage when such portion is designated by separate agreement with lite Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public ;authorities laving jurisdiction aver the Work. Such partial occupancy or use may commence whether or not file portion is substantially complele, provided the Owncr and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage. if any. security, maintcalance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of rhe Work and commencement of warranties required by the Contract Docamenis. When lute Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of f is Work shall be detcmtined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9,9.2 Immediately prior to such partial occupancy or use, lite Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of (lie Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL_ COMPLE"T"ION AND FINAL_ PAYMENT 9.10.1 Upon rcccip4 of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect funds the Work acceptable under the Contract Documents and the Contract fully performed. the Architect will promptly iSSGC a final Certificate for Payment stating (hat to the best of the Architect's knowledge, information and belief. land on the basis of the Architect's on -sits visits and inspections. the Work has been completed in accordance with terms and conditions of the Contract Documents and that lite entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Archilcef"s final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's beim entitled to final payment have been fulfilled. 9,10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect in form and substance salisfact� to tfic [hwncT_.(I) an affidavit that payrolls, hills for materials and equipment, and other indebtedness connected with the Work Tfor which the Owner or the Dinner's property might be responsible or encumbered (less amounts withheld by Chviter) have been paid or otherwise satisfied, (2) a certificate evidencing chat insurance required by the Contract Documents to remain in force alter final payment is currently in effect and will not be canceled or allowed in expire until at least 30 days' prior written notice has been given to Clic Chyner, (3) a written slatentcnl that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by lite ()caner, other colla csaablishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, chinas, security interests or encumbrances arising otic of the ,VA DOCtIlstMU runt-OF.W.RA1.CONr)rrioNs ul rltl:ccthrlltncI fault Cilrax'rHlu'Tnc»a- JIM l:nrrn N- MA.COPYRIOUT 1997- nil' AMERICAN ws'rrilrnc OF AnClt111ii"11%, 17'15 NEW YORK AVENI1H N.W., WMEHN'UTON. 11C 2(HWIi-5232. 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