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wrongfully withheld shall be treated as an amount due ENGINEER, and CONTRACTOR agree constitutes a
<br /> as determined by paragraph 14.02. C. 1 . separately functioning and usable part of the Work that can be
<br /> used by OWNER for its intended purpose without significant
<br /> 14. 03 CONTRACTOR's Warranty of Title interference with CONTRACTOR's performance of the
<br /> remainder of the Work, may be accomplished prior to
<br /> A. CONTRACTOR warrants and guarantees that title to Substantial Completion of all the Work subject to the following
<br /> all Work, materials , and equipment covered by any Application conditions .
<br /> for Payment, whether incorporated in the Project or not, will
<br /> pass to OWNER no later than the time of payment free and 1 . OWNER at any time may request CON-
<br /> clear of all Liens. TRACTOR in writing to permit OWNER to use any such
<br /> part of the Work which OWNER believes to be ready for
<br /> 14.04 Substantial Completion its intended use and substantially complete. If
<br /> CONTRACTOR agrees that such part of the Work is
<br /> A. When CONTRACTOR considers the entire Work substantially complete, CONTRACTOR will certify to
<br /> ready for its intended use CONTRACTOR shall notify OWNER OWNER and ENGINEER that such part of the Work is
<br /> and ENGINEER in writing that the entire Work is substantially substantially complete and request ENGINEER to issue
<br /> complete (except for items specifically listed by CONTRACTOR a certificate of Substantial Completion for that part of the
<br /> as incomplete) and request that ENGINEER issue a certificate Work. CONTRACTOR at any time may notify OWNER
<br /> of Substantial Completion. Promptly thereafter, OWNER, CON- and ENGINEER in writing that CONTRACTOR
<br /> TRACTOR, and ENGINEER shall make an inspection of the considers any such part of the Work ready for
<br /> its
<br /> I Work to determine the status of completion. If ENGINEER intended use and substantially complete and request
<br /> does not consider the Work substantially complete, ENGINEER ENGINEER to issue a certificate of Substantial
<br /> will notify CONTRACTOR in writing giving the reasons Completion for that part of the Work. Within a
<br /> therefore. If ENGINEER considers the Work substantially com- reasonable time after either such request, OWNER,
<br /> plete, ENGINEER will prepare and deliver to OWNER a tenta- CONTRACTOR, and ENGINEER shall make an
<br /> tive certificate of Substantial Completion which shall fix the date inspection of that part of the Work to determine
<br /> its
<br /> of Substantial Completion. There shall be attached to the status of completion. If ENGINEER does not consider
<br /> certificate a tentative list of items to be completed or corrected that part of the Work to be substantially
<br /> complete,
<br /> before final payment. OWNER shall have seven days after ENGINEER will notify OWNER and CONTRACTOR in
<br /> receipt of the tentative certificate during which to make written writing giving the reasons therefore. If ENGINEER
<br /> objection to ENGINEER as to any provisions of the certificate or considers that part of the Work to be substantially
<br /> attached list. If, after considering such objections, ENGINEER complete, the provisions of paragraph 14.04 will apply
<br /> concludes that the Work is not substantially complete, with respect to certification of Substantial Completion of
<br /> ENGINEER will within 14 days after submission of the tentative that part of the Work and the division of responsibility in
<br /> certificate to OWNER notify CONTRACTOR in writing, stating respect thereof and access thereto.
<br /> the reasons therefore. If, after consideration of OWNER's
<br /> ' objections, ENGINEER considers the Work substantially 2. No occupancy or separate operation of part of
<br /> complete, ENGINEER will within said 14 days execute and the Work may occur prior to compliance
<br /> with the
<br /> deliver to OWNER and CONTRACTOR a definitive certificate of requirements of paragraph 5. 10 regarding property
<br /> Substantial Completion (with a revised tentative list of items to insurance.
<br /> be completed or corrected ) reflecting such changes from the
<br /> tentative certificate as ENGINEER believes justified after 14 .06 Final Inspection
<br /> consideration of any objections from OWNER. At the time of
<br /> delivery of the tentative certificate of Substantial Completion A. Upon written notice from CONTRACTOR that
<br /> the
<br /> ENGINEER will deliver to OWNER and CONTRACTOR a entire Work or an agreed portion thereof is complete,
<br /> written recommendation as to division of responsibilities ENGINEER will promptly make. a final inspection with OWNER
<br /> pending final payment between OWNER and CONTRACTOR and CONTRACTOR and will notify CONTRACTOR in writing of
<br /> with respect to security, operation, safety, and protection of the all particulars in which this inspection reveals that
<br /> the Work is
<br /> Work, maintenance, heat, utilities , insurance, and warranties incomplete or defective. CONTRACTOR shall immediately take
<br /> and guarantees. Unless OWNER and CONTRACTOR agree such measures as are necessary to complete such Work or
<br /> otherwise in writing and so inform ENGINEER in writing prior to remedy such deficiencies .
<br /> ENGINEER's issuing the definitive certificate of Substantial
<br /> Completion, ENGINEER's aforesaid recommendation will be 14. 07 Final Payment
<br /> binding on OWNER and CONTRACTOR until final payment.
<br /> A. Application for Payment
<br /> B. OWNER shall have the right to exclude
<br /> CONTRACTOR from the Site after the date of Substantial 1 . After CONTRACTOR has , in the opinion
<br /> of
<br /> Completion, but OWNER shall allow CONTRACTOR ENGINEER, satisfactorily completed all corrections
<br /> reasonable access to complete or correct items on the tentative identified during the final inspection and has delivered ,
<br /> list. in accordance with the Contract Documents , all main-
<br /> tenance and operating instructions, schedules , guaran-
<br /> 14 . 05 Partial Utilization tees , Bonds, certificates or other evidence of insurance
<br /> certificates of inspection , marked-up record documents
<br /> A. Use by OWNER at OWNER's option of any (as provided in paragraph 6. 12), and other documents ,
<br /> substantially completed part of the Work which has specifically CONTRACTOR may make application for final payment
<br /> been identified in the Contract Documents, or which OWNER, following the procedure for progress payments .
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