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Ten ams a�er�resentat}en e 14 . 03 CONTRACTOR 'S Warranty of Title 4-- Appheatien for- Payment to QV4MR *A& A. CONTRACTOR warrants and guarantees that title ET GPMEn , a �« �� « Vee to all Work, materials, and equipment covered by any mended NNiU ( ib • to the preN4sieas of ^ p Application for Payment, whether incorporated in the 14 .02A beeeme due, and 7A4wn due wM be paid by Project or not, will pass to OWNER no later than the time QWMR to GO krR. k GTO of payment free and clear of all Liens. D . Reduction in Payment 14 .04 Substantial Completion ' 1 . OWNER may refuse to make payment of A. When CONTRACTOR considers the entire Work the Rill amount recommended by ENGINEER ready for its intended use CONTRACTOR shall notify because: OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed a. claims have been made against OWNER by CONTRACTOR as incomplete) and request that on account of CONTRACTOR' s perfomiance or ENGINEER issue a certificate of Substantial Completion. famishing of the Work; Promptly thereafter, OWNER, CONTRACTOR, and ' ENGINEER shall make an inspection of the Work to Part of Paragraph 14.02.D.1 .2.b. has been deleted. determine the status of completion. If ENGINEER does not b . Liens have been filed in connection with consider the Work substantially complete, ENGINEER will ' the Work, •- ��-� �n�rro n rTOR has notify CONTRACTOR in writing giving the reasons delivered atherefor. If ENGINEER considers the Work substantially ER to seeuFe tw tiF fi and diseh r -ef complete, ENGINEER will prepare and deliver to OWNER suet-biers; a tentative certificate of Substantial Completion which shall ' fix the date of Substantial Completion. There shall be c. there are other items entitling OWNER to attached to the certificate a tentative list of items to be a set-off against the amount recommended; or completed or corrected before final payment. OWNER ' shall have seven days after receipt of the tentative certificate d. OWNER has actual knowledge of the during which to make written objection to ENGINEER as occurrence of any of the events enumerated in to any provisions of the certificate or attached list. If, after ' paragraphs 14.02 .B .5 .a through 14 .02 .B .5 .c or considering such objections, ENGINEER concludes that the paragraph 15 .02 .A. Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to New paragraphs 14.02.D.1 .e, f, and g have been added. OWNER notify CONTRACTOR in writing, stating the ' See the Supplementary Conditions. reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially 2. If OWNER refuses to make payment of complete, ENGINEER will within said 14 days execute and the full amount recommended by ENGINEER, deliver to OWNER and CONTRACTOR a definitive OWNER must give CONTRACTOR immediate certificate of Substantial Completion (with a revised written notice (with a copy to ENGINEER) stating tentative list of items to be completed or corrected) the reasons for such action and promptly pay CON- reflecting such changes from the tentative certificate as ' TRACTOR any amount remaining after deduction ENGINEER believes justified after consideration of any of the amount so withheld. OWNER shall promptly objections from OWNER At the time of delivery of the pay CONTRACTOR the amount so withheld, or any tentative certificate of Substantial Completion ENGINEER ' adjustment thereto agreed to by OWNER and will deliver to OWNER and CONTRACTOR a written CONTRACTOR, when CONTRACTOR corrects to recommendation as to division of responsibilities pending OWNER' s satisfaction the reasons for such action. final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the 3 . If it is subsequently determined that Work, maintenance, heat, utilities, insurance, and warranties OWNER' s refusal of payment was not justified, the and guarantees. Unless OWNER and CONTRACTOR amount wrongfully withheld shall be treated as an agree otherwise in writing and so inform ENGINEER in amount due as determined by paragraph 14.02 .C. 1 . writing prior to ENGINEER' s issuing the definitive certificate of Substantial Completion, ENGINEER' s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 00700 - 41