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' d . OWNER has actual knowledge of the provisions of the certificate or attached list. If, after occurrence of any of the events enumerated considering such objections , ENGINEER concludes 1 in paragraphs 14 .02 . B . 5 .a through that the Work is not substantially complete , 14 . 02 . B . 5 .c or paragraph 15 . 02 .A. ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR ' 2 . If OWNER refuses to make payment in writing , stating the reasons therefor. If, after of the full amount recommended by consideration of OWNER's objections , ENGINEER ENGINEER, . OWNER must give considers the Work substantially complete, CONTRACTOR immediate written notice (with ENGINEER will within said 14 days execute and ' a copy to ENGINEER) stating the reasons for deliver to OWNER and CONTRACTOR a definitive such action and promptly pay CONTRACTOR certificate of Substantial Completion (with a revised any amount remaining after deduction of the tentative list of items to be completed or corrected ) amount so withheld . OWNER shall promptly reflecting such changes from the tentative certificate pay CONTRACTOR the amount so withheld , or as ENGINEER believes justified after consideration of any adjustment thereto agreed to by OWNER any objections from OWNER. At the time of delivery and CONTRACTOR, when CONTRACTOR of the tentative certificate of Substantial Completion ' corrects to OWNER's satisfaction the reasons ENGINEER will deliver to OWNER and CONTRAC- for such action . TOR a written recommendation as to division of responsibilities pending final payment between 3 . If it is subsequently determined that OWNER and CONTRACTOR with respect to security, OWNER's refusal of payment was not justified , operation , safety, and protection of the Work , the amount wrongfully withheld shall be treated maintenance , heat, utilities , insurance , and warranties as an amount due as determined by paragraph and guarantees . Unless OWNER and ' 14 .02 . C . 1 . CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's 14 . 03 CONTRACTOR 's Warranty of Title issuing the definitive certificate of Substantial Comple- tion , ENGINEER's aforesaid recommendation will be ' A. CONTRACTOR warrants and guarantees binding on OWNER and CONTRACTOR until final that title to all Work, materials , and equipment covered payment , by any Application for Payment, whether incorporated ' in the Project or not, will pass to OWNER no later than B . OWNER shall have the right to exclude the time of payment free and clear of all Liens . CONTRACTOR from the Site after the date of Substantial Completion , but OWNER shall allow CON- 14 . 04 Substantial Completion TRACTOR reasonable access to complete or correct ' A. When CONTRACTOR considers the entire items on the tentative list. Work ready for its intended use CONTRACTOR shall 14 . 05 Partial Utilization ' notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items A. Use by OWNER at OWNER's option of any specifically listed by CONTRACTOR as incomplete) substantially completed part of the Work which has and request that ENGINEER issue a certificate of specifically been identified in the Contract Documents , Substantial Completion . Promptly thereafter, or which OWNER, ENGINEER, and CONTRACTOR OWNER, CONTRACTOR, and ENGINEER shall agree constitutes a separately functioning and usable make an inspection of the Work to determine the part of the Work that can be used by OWNER for its ' status of completion . If ENGINEER does not consider intended purpose without significant interference with the Work substantially complete , ENGINEER will CONTRACTOR's performance of the remainder of notify CONTRACTOR in writing giving the reasons the Work, may be accomplished prior to Substantial therefor. If ENGINEER considers the Work Completion of all the Work subject to the following ' substantially complete, ENGINEER will prepare and conditions . deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial 1 . OWNER at any time may request Completion . There shall be attached to the certificate CONTRACTOR in writing to permit OWNER to ' a tentative list of items to be completed or corrected use any such part of the Work which OWNER before final payment . OWNER shall have seven days believes to be ready for its intended use and after receipt of the tentative certificate during which to substantially complete . If CONTRACTOR ' make written objection to ENGINEER as to any agrees that such part of the Work is 00700-42 0386- 00700 - General Conditions F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc