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40 <br />40 <br />40 <br />14.10 Use by OWNER of any finished part of the Work; which has specifically been identified in <br />the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree <br />constitutes a separately functioning and usable part of the Work that can be used by OWNER <br />without significant interference with CONTRACTOR's performance of the remainder of the <br />Work, may be accomplished prior to Substantial Completion of all the Work subject to the <br />following: <br />14.10.1 OWNER at any time may request CONTRACTOR in writing to permit <br />OWNER to use any such part of the Work which OWNER believes to be <br />ready for its intended use and substantially complete. If CONTRACTOR <br />agrees, CONTRACTOR will certify to OWNER and ENGINEER that said <br />part of the Work is substantially complete and request ENGINEER to issue a <br />certificate of Substantial Completion for that part of the Work. <br />CONTRACTOR at any time may notify OWNER and ENGINEER in writing <br />that CONTRACTOR considers any such part of the Work ready for its <br />intended use and substantially complete and request ENGINEER to issue a <br />certificate of Substantial Completion for that part of the Work. Within a <br />reasonable time after either such request, OWNER, CONTRACTOR and <br />-ENGINEER shall make an inspection of that part of the Work to determine <br />its status of completion. If ENGINEER does not consider that part of the <br />Work to be substantially complete, ENGINEER will notify OWNER and <br />CONTRACTOR in writing giving the reasons therefor. If ENGINEER <br />considers that part of the Work to be substantially complete, the provisions of <br />paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial <br />Completion of that part of the Work and the division of responsibility in <br />respect thereof and access thereto. <br />14.10.2 OWNER may at any time request CONTRACTOR in writing to permit <br />OWNER to take over operation of any such part of the Work although it is not <br />substantially complete. A copy of such request will be sent to ENGINEER <br />and within a reasonable time thereafter OWNER, CONTRACTOR and <br />ENGINEER shall make an inspection of that part of the Work to determine its <br />status of completion and will prepare a list of the items remaining to be <br />-completed or corrected thereon before final payment. If CONTRACTOR does <br />not object in writing to OWNER and ENGINEER that such part of the Work <br />is not ready for separate operation by OWNER, ENGINEER will finalize the <br />list of items to be completed or corrected and will deliver such list to <br />OWNER, and CONTRACTOR together, with a written recommendation as <br />to the division ofresponsibilities pending final payment between OWNER and <br />CONTRACTOR with respect to security, operation, safety, maintenance, <br />utilities, insurance, warranties and guarantees for the part of the Work, which <br />will become binding upon OWNER and CONTRACTOR at the time when <br />OWNER takes over such operation (unless they shall have otherwise agreed <br />in writing and so informed ENGINEER). During such operation and prior to <br />Substantial Completion of such part of the Work, OWNER shall allow <br />CONTRACTOR reasonable access to complete or correct items on said list <br />and to complete other related Work. <br />GENERAL CONDITIONS <br />GC38 <br />