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40 <br />to <br />to the certificate a tentative list of items to be completed or corrected before final payment. <br />OWNER shall have seven (7) days after receipt of the tentative certificate during which to make <br />written objection to ENGINEER as to any provisions of the certificate or attached list. if, after <br />considering such objections, ENGINEER concludes that the Work is not substantially complete, <br />ENGINEER will within fourteen (l4) days after submission of the tentative certificate to OWNER <br />notify CONTRACTOR in writing, stating the reasons therefor. If after consideration of OW NER's <br />objections, ENGINEER considers the Work substantially complete, ENGINEER will within said <br />fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of <br />Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting <br />such changes from the tentative certificate as ENGINEER believes justified after consideration of <br />any objections from OWNER. At the time of delivery of the tentative certificate of Substantial <br />Completion, ENGINEER will deliver to OWNER and CONTRAC'T'OR a written recommendation <br />as to division of responsibilities pending final payment between OWNER and CONTRACTOR with <br />respect to security, operation, safety, maintenance, heat, utilities insurance and warranties. Unless <br />OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to <br />ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid <br />recommendations will be binding on OWNER and CONTRACTOR until final payment. <br />14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial <br />Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct <br />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 the <br />Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a <br />separately functioning and usable part of the Work that can be used by <br />OWNER without significant interference with CONTRACTOR`s performance of the remainder of <br />the Work, may be accomplished prior to Substantial Completion of all the Work subject to the <br />fallowing: <br />14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any <br />such part of the Work which OWNER believes to be ready for its intended use and <br />substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER <br />and ENGINEER that said part of the Work is substantially complete and request <br />ENGINEER to issue a certificate of Substantial Completion for that part of the Work. <br />CONTRACTOR at any time may notify OWNER and ENGINEER in writing that <br />CONTRAC'T'OR considers any such part of the Work ready for its intended use and <br />substantially complete and request ENGINEER to issue a certificate of Substantial <br />Completion for that part of the Work. Within a reasonable time after either such request, <br />OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the <br />Work to determine its status of completion. If ENGINEER does not consider that part of <br />the Work to be substantially complete, ENGINEER will notify OWNER and <br />CONT'RACT'OR in writing giving the reasons therefor. If ENGINEER considers that part <br />of the Work to be substantially complete, the provisions of paragraphs 14.9 and 14.9 will <br />apply with respect to certification of Substantial Completion of that part of the Work and <br />the division of responsibility in respect thereof and access thereto. <br />14.10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take <br />over operation of any such part of the Work although it is no' substantially complete. A <br />copy of such request will be sent to ENGINEER and within a reasonable time thereafter <br />OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the <br />Work to determine its status of completion and will prepare a List of the items remaining to <br />GENERAL CONDITIONS <br />I GC - 31 <br />