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pay CONTRACTOR the amount so withheld, or any recommendation as to division of responsibilities pending adjustment thereto agreed to by OWNER and final payment between OWNER and CONTRACTOR with CONTRACTOR, when CONTRACTOR corrects to respect to security, operation, safety, and protection of the OWNER's satisfaction the reasons for such action. Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR 3 . If it is subsequently determined that agree otherwise in writing and so inform ENGINEER in OWNER's refusal of payment was not justified, the writing prior to ENGINEER' s issuing the definitive i amount wrongfully withheld shall be treated as an certificate of Substantial Completion, ENGINEER' s amount due as detemrined by paragraph 14.02.C. 1 . aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.03 CONTRACTOR 's Warranty of Title � B . OWNER shall have the right to exclude A. CONTRACTOR warrants and guarantees that title CONTRACTOR from the Site after the date of Substantial to all Work, materials, and equipment covered by any Completion, but OWNER shall allow CONTRACTOR ar Application for Payment, whether incorporated in the reasonable access to complete or correct items on the Project or not, will pass to OWNER no later than the time tentative list. of payment free and clear of all Liens. 14.05 Partial Utilization 4W 14.04 Substantial Completion A. Use by OWNER at OWNER's option of any A. When CONTRACTOR considers the entire Work substantially completed part of the Work which has r ready for its intended use CONTRACTOR shall notify specifically been identified in the Contract Documents, or OWNER and ENGINEER in writing that the entire Work is which OWNER, ENGINEER, and CONTRACTOR agree substantially complete (except for items specifically listed constitutes a separately functioning and usable part of the lop by CONTRACTOR as incomplete) and request that Work that can be used by OWNER for its intended purpose ENGINEER issue a certificate of Substantial Completion. without significant interference with CONTRACTOR's Promptly thereafter, OWNER, CONTRACTOR, and performance of the remainder of the Work, may be ENGINEER shall make an inspection of the Work to accomplished prior to Substantial Completion of all the + determine the status of completion. If ENGINEER does not Work subject to the following conditions. consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons 1 . OWNER at any time may request CON- therefor. If ENGINEER considers the Work substantially TRACTOR in writing to pemvt OWNER to use any complete, ENGINEER will prepare and deliver to OWNER such part of the Work which OWNER believes to be a tentative certificate of Substantial Completion which shall ready for its intended use and substantially complete. fix the date of Substantial Completion. There shall be If CONTRACTOR agrees that such part of the • attached to the certificate a tentative list of items to be Work is substantially complete, CONTRACTOR completed or corrected before final payment. OWNER will certify to OWNER and ENGINEER that such shall have seven days after receipt of the tentative certificate part of the Work is substantially complete and ,w during which to make written objection to ENGINEER as request ENGINEER to issue a certificate of to any provisions of the certificate or attached list. If, after Substantial Completion for that part of the Work. considering such objections, ENGINEER concludes that the CONTRACTOR at any time may notify OWNER Work is not substantially complete, ENGINEER will within and ENGINEER in writing that CONTRACTOR r 14 days after submission of the tentative certificate to considers any such part of the Work ready for its OWNER notify CONTRACTOR in writing, stating the intended use and substantially complete and request reasons therefor. If, after consideration of OWNER' s ENGINEER to issue a certificate of Substantial M objections, ENGINEER considers the Work substantially Completion for that part of the Work, Within a complete, ENGINEER will within said 14 days execute and reasonable time after either such request, OWNER, deliver to OWNER and CONTRACTOR a definitive CONTRACTOR, and ENGINEER shall make an certificate of Substantial Completion (with a revised inspection of that part of the Work to determine its rr tentative list of items to be completed or corrected) status of completion. If ENGINEER does not reflecting such changes from the tentative certificate as consider that part of the Work to be substantially ENGINEER believes justified after consideration of any complete, ENGINEER will notify OWNER and do objections from OWNER At the time of delivery of the CONTRACTOR in writing giving the reasons there- tentative certificate of Substantial Completion ENGINEER for. If ENGINEER considers that part of the Work will deliver to OWNER and CONTRACTOR a written to be substantially complete, the provisions of para- 00700 - 41 ara-00700 - 41