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Bond satisfactory to OWNER to secure the Completion . There shall be attached to the certificate satisfaction and discharge of such Liens ; a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days c, there are other items entitling OWN - after receipt of the tentative certificate during which to ER to a set-off against the amount make written objection to ENGINEER as to any recommended ; or provisions of the certificate or attached list. If, after considering such objections , ENGINEER concludes d . OWNER has actual knowledge of the that the Work is not substantially complete , occurrence of any of the events enumerated ENGINEER will within 14 days after submission of the in paragraphs 14 .02 . B .5 .a through tentative certificate to OWNER notify CONTRACTOR 14 . 02 . B . 5 .c or paragraph 15 .02 .A. in writing , stating the reasons therefor. If, after consideration of OWNER's objections , ENGINEER 2 . If OWNER refuses to make payment considers the Work substantially complete , of the full amount recommended by ENGINEER will within said 14 days execute and ENGINEER, OWNER must give deliver to OWNER and CONTRACTOR a definitive CONTRACTOR immediate written notice (with certificate of Substantial Completion (with a revised .r a copy to ENGINEER) stating the reasons for tentative list of items to be completed or corrected ) such action and promptly pay CONTRACTOR reflecting such changes from the tentative certificate any amount remaining after deduction of the as ENGINEER believes justified after consideration of amount so withheld . OWNER shall promptly any objections from OWNER. At the time of delivery .r pay CONTRACTOR the amount so withheld , or of the tentative certificate of Substantial Completion any adjustment thereto agreed to by OWNER ENGINEER will deliver to OWNER and CONTRAC- and CONTRACTOR, when CONTRACTOR TOR a written recommendation as to division of .Ir corrects to OWNER's satisfaction the reasons responsibilities pending final payment between for such action . OWNER and CONTRACTOR with respect to security, operation , safety, and protection of the Work, 3 . If it is subsequently determined that maintenance, heat, utilities , insurance , and warranties OWNER's refusal of payment was not justified , and guarantees . Unless OWNER and the amount wrongfully withheld shall be treated CONTRACTOR agree otherwise in writing and so as an amount due as determined by paragraph inform ENGINEER in writing prior to ENGINEER's VM 14 .02 . C . 1 . issuing the definitive certificate of Substantial Comple- tion , ENGINEER's aforesaid recommendation will be 14 . 03 CONTRACTOR 's Warranty of Title binding on OWNER and CONTRACTOR until final payment. A. CONTRACTOR warrants and guarantees that title to all Work, materials , and equipment covered B . OWNER shall have the right to exclude by any Application for Payment, whether incorporated CONTRACTOR from the Site after the date of in the Project or not, will pass to OWNER no later than Substantial Completion , but OWNER shall allow CON- the time of payment free and clear of all Liens . TRACTOR reasonable access to complete or correct items on the tentative list. 14 . 04 Substantial Completion 14 . 05 Partial Utilization A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall A. Use by OWNER at OWNER's option of any r, notify OWNER and ENGINEER in writing that the substantially completed part of the Work which has entire Work is substantially complete (except for items specifically been identified in the Contract Documents , specifically listed by CONTRACTOR as incomplete) or which OWNER, ENGINEER, and CONTRACTOR and request that ENGINEER issue a certificate of agree constitutes a separately functioning and usable `II' Substantial Completion . Promptly thereafter, part of the Work that can be used by OWNER for its OWNER, CONTRACTOR, and ENGINEER shall intended purpose without significant interference with make an inspection of the Work to determine the CONTRACTOR's performance of the remainder of status of completion . If ENGINEER does not consider the Work, may be accomplished prior to Substantial the Work substantially complete, ENGINEER will Completion of all the Work subject to the following notify CONTRACTOR in writing giving the reasons conditions . therefor. If ENGINEER considers the Work substantially complete , ENGINEER will prepare and 1 . OWNER at any time may request deliver to OWNER a tentative certificate of Substantial CONTRACTOR in writing to permit OWNER to Completion which shall fix the date of Substantial use any such part of the Work which OWNER .r 0016-00700 - General Conditions Page 40 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 St Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc