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W <br />+� final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit <br />the Application... 'Thirty (30) days after presentation to OWNER of the Application and <br />accompanying documentation, in appropriate form and substance, and with ENGINEER's <br />recommendation and notice of acceptability, the amount recommended by ENGINEER will become <br />due and will be paid by OWNER to CONTRACTOR. <br />14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and <br />if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final application for <br />Payment and recommendation of ENGINEER, and without terminating the Agreement, make <br />payment of the balance due for that portion of the Work fully completed and accepted. If the <br />remaining balance to be held by OWNER for Work not fully completed or corrected is less than the <br />retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph <br />5. 1, the written consent of the surety to the payment of the balance due for that portion of the Work <br />fully competed and accepted shall be submitted by COI TTRAC'TOR to ENGINEER with the <br />Application for such payment. Such payment shall be made under the terms and conditions <br />governing final payment, except that it shall not constitute a waiver of claims. <br />f.ontractor's Continuing Obligation: <br />14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract <br />Documents shall be absolute. Neither recommendation of any progress or final payment by <br />ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by <br />OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work <br />or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor <br />any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of <br />acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by <br />OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or <br />a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract <br />Documents (except as provided in paragraph 14.16). <br />Waiver of Claims: <br />14.16 The making and acceptance of final payment will constitute: <br />14.16.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from <br />unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph <br />14.11 or from failure to comply with the Contract Documents or the terms of any special <br />guarantees specified therein; however, it will not constitute a waiver by OWNER of any <br />rights in respect of CONTRACTOR's continuing obligations under the Contract <br />Documents', and <br />14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously <br />made in writing and still unsettled. <br />OWNER May Suspend Work, <br />15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period <br />of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which <br />will fix the date on which Work will be resumed. C'ON'TRACTOR shall resume the Work on the <br />date so fixed. CONTRACTOR shall be allowed an increase in the Co.ttract Price or an extension <br />of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an <br />approved claire therefor as provided in Articles I 1 and 12. <br />GENERAL CONDITIONS <br />t_ GC: - 3z <br />