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40 <br />C] <br />be completed or corrected thereon before final payment, If CONTRACTOR does not object <br />in writing to OWNER and ENGrMEER that such part of the Work is not ready for separate <br />operation by OWNER, ENGINEER will finalize the list of items to be completed or <br />corrected and will deliver such list to OWNER, and CONTRACTOR together, with a <br />written recommendation as to the division of responsibilities pending final payment between <br />OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, <br />utilities, insurance, warranties and guarantees far the part of the Work, which will become <br />binding upon OWNER and CONTRACTOR at the time when OWNER takes over such <br />operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). <br />During such operation and prior to Substantial Completion of such part of the Work, <br />OWNER shall allow CONTRACTOR reasonable access to complete or correct items on <br />said list and to complete other related Work. <br />14,10.3 No occupancy or separate operation of part of the Work will be accomplished prior to <br />compliance with the requirements of paragraph 5.21 in respect of property insurance. <br />Final Inspection, <br />14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is <br />complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will <br />notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work <br />is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary <br />io remedy such deficiencies. <br />Final Application for Payment; <br />14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and <br />delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of <br />inspection, marked -up record documents (as provided in paragraphs 6.22-6.24) and other <br />documents -all as required by the Contract Documents, and after ENGINEER has indicated that the <br />Work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make <br />application for final payment following the procedure for progress payments. The final Application <br />for Payment shall be accompanied by all documentation called for in the Contract Documents, <br />together with complete and legally effective releases or waivers (satisfactory to OWNER) of all <br />Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by <br />OWNER, CONTRACTOR may furnish receipts or releases in full: an affidavit of CONTRACTOR <br />that the releases and receipts include all labor, services, material and equipment for which a Lien <br />could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected <br />with the Work for which OWNER or OWNER's property might in any way be responsible, have <br />been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any <br />Subcontractor or Supplier fails to famish a release or receipt in full, CONTRACTOR may furnish <br />a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. <br />Final Payment and Acceptance: <br />14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, <br />and ENGINEER's review of time final Application for Payment and accompanying documentation -all <br />as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed <br />and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, <br />ENGINEER will, within teat (10) days after receipt of the final Application for Payment, indicate <br />in writing ENGINEER's recommendation of payment and present the App.ieatian to OWNER for <br />payment. T icrcupon ENGINEER will give written notice to OWNER and CONTRACTOR that the <br />Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return <br />the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend <br />GENERAL CONDITIONS <br />CC - 32 <br />