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graph 14 .04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (it) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify OWNER against any Lien. 14.06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, 1 . If, on the basis of ENGINEER's observa- ENGINEER will promptly make a final inspection with tion of the Work during construction and final OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER's review of the final TRACTOR in writing of all particulars in which this Application for Payment and accompanying docu- inspection reveals that the Work is incomplete or defective. mentation as required by the Contract Documents, CONTRACTOR shall immediately take such measures as ENGINEER is satisfied that the Work has been are necessary to complete such Work or remedy such completed and CONTRACTOR's other obligations deficiencies. under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the 14.07 Final Payment final Application for Payment, indicate in writing ENGINEER's recommendation of payment and A. Application for Payment present the Application for Payment to OWNER for payment. At the same time ENGINEER will also 1 . After CONTRACTOR has, in the give written notice to OWNER and CON- opinion of ENGINEER, satisfactorily completed all TRACTOR that the Work is acceptable subject to corrections identified during the final inspection and the provisions of paragraph 14.09. Otherwise, has delivered, in accordance with the Contract ENGINEER will return the Application for Payment Documents, all maintenance and operating to CONTRACTOR, indicating in writing the reasons instructions, schedules, guarantees, Bonds, for refusing to recommend final payment, in which certificates or other evidence of insurance case CONTRACTOR shall make the necessary certificates of inspection, marked-up record docu- corrections and resubmit the Application for ments (as provided in paragraph 6. 12), and other Payment. documents, CONTRACTOR may make application for final payment following the procedure for C. Payment Becomes Due progress payments. 1 . Thirty days after the presentation to 2. The final Application for Payment shall - OWNER of the Application for Payment and be accompanied (except as previously delivered) by: accompanying documentation, the amount (i) all documentation called for in the Contract recommended by ENGINEER will become due and, Documents, including but not limited to the when due, will be paid by OWNER to CON- evidence of insurance required by subparagraph TRACTOR. 5.04.13.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective 14.08 Final Completion Delayed releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection A. If, through no fault of CONTRACTOR, final with the Work. completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of 3 . In lieu of the releases or waivers of Liens CONTRACTOR's final Application for Payment and specified in paragraph 14.07 .A.2 and as approved by recommendation of ENGINEER, and without terminating OWNER, CONTRACTOR may famish receipts or the Agreement, make payment of the balance due for that releases in full and an affidavit of CONTRACTOR portion of the Work fully completed and accepted. If the that (i) the releases and receipts include all labor, remaining balance to be held by OWNER for Work not 00700 - 42