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before final payment. OWNER shall have seven days after that part of the Work to be substantially complete,
<br /> receipt of the tentative certificate during which to make written ENGINEER will notify OWNER and CONTRACTOR in
<br /> objection to ENGINEER as to any provisions of the certificate or writing giving the reasons therefore. If ENGINEER
<br /> attached list. If, after considering such objections , ENGINEER considers that part of the Work to be substantially
<br /> concludes that the Work is not substantially complete, complete, the provisions of paragraph 14.04 will apply
<br /> ENGINEER will within 14 days after submission of the tentative with respect to certification of Substantial Completion of
<br /> certificate to OWNER notify CONTRACTOR in writing, stating that part of the Work and the division of responsibility in
<br /> the reasons therefore. If, after consideration of OWNER's respect thereof and access thereto.
<br /> objections, ENGINEER considers the Work substantially
<br /> complete, ENGINEER will within said 14 days execute and 2. No occupancy or separate operation of part
<br /> of
<br /> deliver to OWNER and CONTRACTOR a definitive certificate of the Work may occur prior to compliance with the
<br /> Substantial Completion (with a revised tentative list of items to requirements of paragraph 5. 10 regarding property
<br /> be completed or corrected) reflecting such changes from the insurance.
<br /> tentative certificate as ENGINEER believes justified after
<br /> consideration of any objections from OWNER. At the time of 14 . 06 Final Inspectionftc In "14. 06 Final
<br /> delivery of the tentative certificate of Substantial Completion Inspection 's
<br /> ENGINEER will deliver to OWNER and CONTRACTOR a
<br /> written recommendation as to division of responsibilities A. Upon written notice from CONTRACTOR that the
<br /> pending final payment between OWNER and CONTRACTOR entire Work or an agreed portion thereof is complete,
<br /> with respect to security, operation, safety, and protection of the ENGINEER will promptly make a final inspection with OWNER
<br /> Work, maintenance, heat, utilities , insurance, and warranties and CONTRACTOR and will notify CONTRACTOR in writing of
<br /> and guarantees . Unless OWNER and CONTRACTOR agree all particulars in which this inspection reveals that the Work is
<br /> otherwise in writing and so inform ENGINEER in writing prior to incomplete or defective. CONTRACTOR shall immediately take
<br /> ENGINEER's issuing the definitive certificate of Substantial such measures as are necessary to complete such Work
<br /> or
<br /> Completion, ENGINEER's aforesaid recommendation will be remedy such deficiencies .
<br /> binding on OWNER and CONTRACTOR until final payment.
<br /> B. OWNER shall have the right to exclude 14. 07 Final Paymentftc In "14. 07 Final Payment's
<br /> CONTRACTOR from the Site after the date of Substantial A. Application for Payment
<br /> Completion, but OWNER shall allow CONTRACTOR
<br /> reasonable access to complete or correct items on the tentative 1 . After CONTRACTOR has, in the opinion of
<br /> list. ENGINEER, satisfactorily completed all corrections
<br /> identified during the final inspection and has delivered ,
<br /> fir" 14 .05 Partial Utilizationftc In "14. 05 Partial in accordance with the Contract Documents , all main-
<br /> Utilization 's tenance and operating instructions, schedules , guaran-
<br /> tees , Bonds , certificates or other evidence of insurance
<br /> A. Use by OWNER at OWNER's option of any certificates of inspection , marked-up record documents
<br /> substantially completed part of the Work which has specifically (as provided in paragraph 6. 12), and other documents ,
<br /> been identified in the Contract Documents, or which OWNER, CONTRACTOR may make application for final payment
<br /> ENGINEER, and CONTRACTOR agree constitutes a following the procedure for progress payments ,
<br /> separately functioning and usable part of the Work that can be
<br /> used by OWNER for its intended purpose without significant 2. The final Application for Payment shall be
<br /> interference with CONTRACTOR's performance of the accompanied (except as previously delivered ) by: (i) all
<br /> remainder of the Work, may be accomplished prior to documentation called for in the Contract Documents,
<br /> Substantial Completion of all the Work subject to the following including but not limited to the evidence of insurance
<br /> conditions. required by subparagraph 5. 04. 13 . 7; (ii ) consent of the
<br /> surety, if any, to final payment; and (iii ) complete and
<br /> 1 . OWNER at any time may request CON- legally effective releases or waivers (satisfactory to
<br /> TRACTOR in writing to permit OWNER to use any such OWNER) of all Lien rights arising out of or Liens filed in
<br /> part of the Work which OWNER believes to be ready for connection with the Work.
<br /> its intended use and substantially complete. If
<br /> CONTRACTOR agrees that such part of the Work is 3 . In lieu of the releases or waivers of
<br /> Liens
<br /> substantially complete, CONTRACTOR will certify to specified in paragraph 14.07.A. 2 and as approved by
<br /> OWNER and ENGINEER that such part of the Work is OWNER, CONTRACTOR may furnish receipts or
<br /> substantially complete and request ENGINEER to issue releases in full and an affidavit of CONTRACTOR that:
<br /> a certificate of Substantial Completion for that part of the (i ) the releases and receipts include all labor, services ,
<br /> Work. CONTRACTOR at any time may notify OWNER material , and equipment for which a Lien could be filed ;
<br /> and ENGINEER in writing that CONTRACTOR and (ii ) all payrolls , material and equipment bills , and
<br /> considers any such part of the Work ready for its other indebtedness connected with the Work for which
<br /> intended use and substantially complete and request OWNER or OWNER's property might In any way be
<br /> ENGINEER to issue a certificate of Substantial responsible have been paid or otherwise satisfied . If
<br /> Completion for that part of the Work. Within a any Subcontractor or Supplier fails to furnish
<br /> such a
<br /> reasonable time after either such request, OWNER, release or receipt in full , CONTRACTOR may furnish a
<br /> CONTRACTOR, and ENGINEER shall make an Bond or other collateral satisfactory to OWNER to
<br /> inspection of that part of the Work to determine its indemnify OWNER against any Lien.
<br /> 1'` status of completion. If ENGINEER does not consider
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