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TOR corrects to OWNER's satisfaction the reasons for 14 .05 Partial Utilization such action. A. Use by OWNER at OWNER's option of any 3. If it is subsequently determined that OWNER's substantially completed part of the Work which has specifically refusal of payment was not justified, the amount been identified in the Contract Documents, or which OWNER, wrongfully withheld shall be treated as an amount due ENGINEER, and CONTRACTOR agree constitutes a as determined by paragraph 14.02.C. 1 . separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant 14 . 03 CONTRACTOR's Warranty of Title interference with CONTRACTOR's performance of the remainder of the Work, - may be accomplished prior to A. CONTRACTOR warrants and guarantees that title to Substantial Completion of all the Work subject to the following all Work, materials, and equipment covered by any Application conditions. for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and 1 .OWNER at any time may request CON- clear of all Liens . TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for 14 .04 Substantial Completion its intended use and substantially complete . If CONTRACTOR agrees that such part of the Work is A. When CONTRACTOR considers the entire Work substantially complete, CONTRACTOR will certify to ready for its intended use CONTRACTOR shall notify OWNER OWNER and ENGINEER that such part of the Work is and ENGINEER in writing that the entire Work is substantially substantially complete and request ENGINEER to issue complete (except for items specifically listed by CONTRACTOR a certificate of Substantial Completion for that part of the as incomplete) and request that ENGINEER issue a certificate Work. CONTRACTOR at any time may notify OWNER of Substantial Completion. Promptly thereafter, OWNER, CON- and ENGINEER in writing that CONTRACTOR TRACTOR, and ENGINEER shall make an inspection of the considers any such part of the Work ready for its Work to determine the status of completion. If ENGINEER does intended use and substantially complete and request not consider the Work substantially complete, ENGINEER will ENGINEER to issue a certificate of Substantial notify CONTRACTOR in writing giving the reasons therefore. If Completion for that part of the Work. Within a ENGINEER considers the Work substantially complete, ENGI- reasonable time after either such request, OWNER, NEER will prepare and deliver to OWNER a tentative certificate CONTRACTOR, and ENGINEER shall make an of Substantial Completion which shall fix the date of Substantial inspection of that part of the Work to determine its Completion. There shall be attached to the certificate a status of completion . If ENGINEER does not consider tentative list of items to be completed or corrected before final that part of the Work to be substantially complete, payment. OWNER shall have seven days after receipt of the ENGINEER will notify OWNER and CONTRACTOR in tentative certificate during which to make written objection to writing giving the reasons therefore. If ENGINEER ENGINEER as to any provisions of the certificate or attached considers that part of the Work to be substantially list. If, after considering such objections, ENGINEER concludes complete, the provisions of paragraph 14.04 will apply that the Work is not substantially complete, ENGINEER will with respect to certification of Substantial Completion of within 14 days after submission of the tentative certificate to that part of the Work and the division of responsibility in OWNER notify CONTRACTOR in writing, stating the reasons respect thereof and access thereto. therefore. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, 2. No occupancy or separate operation of part of ENGINEER will within said 14 days execute and deliver to the Work may occur prior to compliance with the OWNER and CONTRACTOR a definitive certificate of Sub- requirements of paragraph 5. 10 regarding property stantial Completion (with a revised tentative list of items to be insurance. completed or corrected) reflecting such changes from the tenta- tive certificate as ENGINEER believes justified after consider- 14.06 Final Inspection ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER A. Upon written notice from CONTRACTOR that the will deliver to OWNER and CONTRACTOR a written entire Work or an agreed portion thereof is complete, recommendation as to division of responsibilities pending final ENGINEER will promptly make a final inspection with OWNER payment between OWNER and CONTRACTOR with respect to and CONTRACTOR and will notify CONTRACTOR in writing of security, operation, safety, and protection of the Work, all particulars in which this inspection reveals that the Work is maintenance, heat, utilities, insurance, and warranties and incomplete or defective. CONTRACTOR shall immediately take guarantees. Unless OWNER and CONTRACTOR agree such measures as are necessary to complete such Work or otherwise in writing and so inform ENGINEER in writing prior to remedy such deficiencies. ENGINEER's issuing the definitive certificate of Substantial Completion , ENGINEER's aforesaid recommendation will be 14.07 Final Payment binding on OWNER and CONTRACTOR until final payment. A. Application for Payment B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial 1 .After CONTRACTOR has, in the opinion of Completion, but OWNER shall allow CONTRACTOR ENGINEER, satisfactorily completed all corrections reasonable access to complete or correct items on the tentative identified during the final inspection and has delivered, list. in accordance with .the Contract Documents, all main- tenance and operating instructions, schedules, guaran- 00700 General Conditions (E1CDC).doc 00700 - 32 1:10)-02912 Inch wM - Veno lake Estates) cuments6lep MO'dding Contact SpmiEcationsW07WGmeral Conditions (EICDC].doc