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stipulated in the Agreement, and if Bonds have been furnished <br /> 2. The final Application for Payment shall be as required in paragraph 5. 01 , the written consent of the <br /> surety <br /> ' accompanied (except as previously delivered ) by: (i ) all to the payment of the balance due for that portion <br />of the Work <br /> documentation called for in the Contract Documents, fully completed and accepted shall be submitted by <br /> CON- <br /> including but not limited to the evidence of insurance TRACTOR to ENGINEER with the Application for such <br /> required by subparagraph 5.04. 13. 7; (ii ) consent of the payment. Such payment shall be made under the terms and <br /> surety, if any, to final payment; and (iii ) complete and conditions governing final payment, except that <br />it shall not <br /> legally effective releases or waivers (satisfactory to constitute a waiver of Claims . <br /> OWNER) of all Lien rights arising out of or Liens filed in <br /> connection with the Work. 14. 09 Waiver of Claims <br /> 3. In lieu of the releases or waivers of Liens A. The making and acceptance of final <br /> payment will <br /> specified in paragraph 14.07.A.2 and as approved by constitute: <br /> OWNER, CONTRACTOR may furnish receipts or <br /> releases in full and an affidavit of CONTRACTOR that: 1 . a waiver of all Claims by OWNER against <br /> ' (i ) the releases and receipts include all labor, services , CONTRACTOR, except Claims arising from unsettled <br /> material, and equipment for which a Lien could be filed ; Liens, from defective Work appearing after final <br /> and (ii) all payrolls , material and equipment bills, and inspection pursuant to paragraph 14.06, from failure <br />to <br /> other indebtedness connected with the Work for which comply with the Contract Documents or the terms of <br /> OWNER or OWNER's property might in any way be any special guarantees specified therein, or from <br /> responsible have been paid or otherwise satisfied . If CONTRACTOR's continuing obligations under the <br /> any Subcontractor or Supplier fails to furnish such a Contract Documents ; and <br /> release or receipt in full, CONTRACTOR may furnish a <br /> Bond or other collateral satisfactory to OWNER to 2. a waiver of all Claims by CONTRACTOR against <br /> indemnify OWNER against any Lien. OWNER other than those previously made in writing <br /> which are still unsettled. <br /> B . Review of Application and Acceptance <br /> 1 . If, on the basis of ENGINEER's observation of ARTICLE 15 - SUSPENSION OF WORK AND <br /> the Work during construction and final inspection, and TERMINATION <br /> ENGINEER's review of the final Application for Payment <br /> and accompanying documentation as required by the <br /> Contract Documents, ENGINEER is satisfied that the 15. 01 OWNER May Suspend Work <br /> Work has been completed and CONTRACTOR's other <br /> obligations under the Contract Documents have been A. At any time and without cause, OWNER may suspend <br /> fulfilled, ENGINEER will , within ten days after receipt of the Work or any portion thereof for a period of not more than <br /> 90 <br /> the final Application for Payment, indicate in writing consecutive days by notice in writing to CONTRACTOR <br /> and <br /> ENGINEER's recommendation of payment and present ENGINEER which will fix the date on which Work will be <br /> the Application for Payment to OWNER for payment. At resumed. CONTRACTOR shall resume the Work on the date <br /> the same time ENGINEER will also give written notice so fixed. CONTRACTOR shall be allowed an adjustment in the <br /> to OWNER and CONTRACTOR that the Work is Contract Price or an extension of the Contract Times, or <br /> both, <br /> acceptable subject to the provisions of paragraph 14. 09. directly attributable to any such suspension if CONTRACTOR <br /> Otherwise, ENGINEER will return the Application for makes a Claim therefore as provided in paragraph 10. 05. <br /> Payment to CONTRACTOR, indicating in writing the <br /> reasons for refusing to recommend final payment, in 15.02 OWNER May Terminate for Cause <br /> which case CONTRACTOR shall make the necessary <br /> corrections and resubmit the Application for Payment. A. The occurrence of any one or more of the following <br /> C. Payment Becomes Due events will justify termination for cause: <br /> 1 . CONTRACTOR's persistent failure to perform <br /> 1 . Thirty days after the presentation to OWNER of the Work in accordance with the Contract Documents <br /> the Application for Payment and accompanying docu- (including , but not limited to, failure to supply sufficient <br /> mentation , the amount recommended by ENGINEER skilled workers or suitable materials or equipment or <br /> will become due and , when due, will be paid by OWN failure to adhere to the progress schedule established <br /> ER to CONTRACTOR. under paragraph 2. 07 as adjusted from time to time <br /> 14.08 Final Completion Delayed pursuant to paragraph 6. 04 ); <br /> 2. CONTRACTOR's disregard of Laws or Regula- <br /> A. If, through no fault of CONTRACTOR, final completion tions of any public body having jurisdiction; <br /> of the Work is significantly delayed , and if ENGINEER so <br /> confirms, OWNER shall, upon receipt of CONTRACTOR's final 3. CONTRACTOR's disregard of the authority of <br /> Application for Payment and recommendation of ENGINEER, ENGINEER; or <br /> and without terminating the Agreement, make payment of the <br /> balance due for that portion of the Work fully completed and 4. CONTRACTOR's violation in any substantial <br /> accepted . If the remaining balance to be held by OWNER for way of any provisions of the Contract Documents . <br /> Work not fully completed or corrected is less than the retainage <br /> 00700 - 33 <br />