Laserfiche WebLink
do <br />0 <br />® in appropriate form and substance, and with ENGINEER's recommendation and notice of <br />acceptability, the amount recommended by ENGINEER will become due and will be paid by <br />OWNER to CONTRACTOR. <br />14.14 If, through no fault ofCONTRACTOR, final completion ofthe Work is significantly delayed <br />and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final <br />application for Payment and recommendation of ENGINEER, and without terminating the <br />1 Agreement, make payment of the balance due for that portion of the Work fully completed <br />i and accepted. If the remaining balance to be held by OWNER for Work not fully completed <br />or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been <br />i furnished as required in paragraph S. 1, the written consent of the surety to the payment of the <br />balance due for that portion of the Work fully competed and accepted shall be submitted by <br />CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall <br />be made undet the terms and conditions governing final payment, except that it shall not <br />constitute a waiver of claims. <br />Contractor's Continuing Obligation: <br />` 14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the <br />I Contract Documents shall be absolute. Neither recommendation of any progress or final <br />payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any <br />payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or <br />occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by <br />OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample <br />submission, nor the issuance of anotice of acceptability by ENGINEERpursuant to paragraph <br />14.13, nor any correction of defective Work by OWNER will constitute an acceptance of <br />Work not in accordance with the Contract Documents or a release of CONTRACTOR's <br />obligation to perform the Work in accordance with the Contract Documents (except as <br />provided in patagraph 14.16). <br />Waiver of Claims: <br />14.16 The making and acceptance of final payment will constitute: <br />E . 14.16.1 A waiver of all claims by OWNER against CONTRACTOR, except claims <br />arising from unsettled Liens, from defective Work appearing after final <br />inspection pursuant to paragraph 14.11 or from failure to comply with the <br />Contract Documents or the terms of any special guarantees specified therein; <br />however, it will not constitute a waiver by OWNER of any rights in respect <br />of CONTRACTOR's continuing obligations under the Contract Documents; <br />and <br />14.16.2 A waiver of all claims by CONTRACTOR against OWNER other than those <br />'previously made in writing and still unsettled. <br />GENERAL CONDITIONS <br />GC40 <br />