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14 .05 Partial Utilization inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as A. Use by OWNER at OWNER's option of any are necessary to complete such Work or remedy such substantially completed part of the Work which has deficiencies. specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14.07 Final Payment constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR's performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions. corrections identified during the final inspection and has delivered, in accordance with the Contract 1 . OWNER at any time may request CON- Documents, all maintenance and operating TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6. 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for part of the Work is substantially complete and progress payments. request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2. The final Application for Payment shall CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ENGINEER to issue a certificate of Substantial 5 .04.B .7; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work, status of completion. If ENGINEER does not consider that part of the Work to be substantially 3. In lieu of the releases or waivers of Liens complete, ENGINEER will notify OWNER and specified in paragraph 14.07.A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may famish receipts or for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, 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 (ii) 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- 00700 - 42