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parties that might entitle CONTRACTOR to be a . TeflaysafteF ppe.sep4l-^r44 paid additionally by OWNER or entitle OWNER Application for Payment to O with to withhold payment to CONTRACTOR . ENGINEER' s recommen n , the amount recommended wi sect to the provisions of 4 . Neither ENGINEER' s review of paragra 2 . D) become due, and when CONTRACTOR' s Work for the purposes ofTv ' 15 be rna;d by OWNER te CONTRACT-OR . recommending payments nor ENGINEER's recommendation of any payment, including final D . Reduction in Payment payment, will impose responsibility on ENGINEER to supervise , direct, or control the 1 . OWNER may refuse to make Work or for the means , methods , techniques , payment of the full amount recommended by sequences , or procedures of construction , or ENGINEER because: the safety precautions and programs incident thereto , or for CONTRACTOR's failure to a . claims have been made against comply with Laws and Regulations applicable to OWNER on account of CONTRACTOR's CONTRACTOR's performance of the Work. performance or furnishing of the Work; Additionally, said review or recommendation will not impose responsibility on ENGINEER to b . Liens have been filed in connection make any examination to ascertain how or for with the Work, except where what purposes CONTRACTOR has used the CONTRACTOR has delivered a specific moneys paid on account of the Contract Price, Bond satisfactory to OWNER to secure the or to determine that title to any of the Work, satisfaction and discharge of such Liens ; materials , or equipment has passed to OWNER free and clear of any Liens . c. there are other items entitling OWN- ER to a set-off against the amount 5 . ENGINEER may refuse to recom- recommended ; or mend the whole or any part of any payment if, in ENGINEER's opinion , it would be incorrect to d . OWNER has actual knowledge of the make the representations to OWNER referred occurrence of any of the events enumerated to in paragraph 14 . 02 . 13.2 . ENGINEER may in paragraphs 14 . 02 . B . 5 . a through also refuse to recommend any such payment 14 . 02 . B . 5 . c or paragraph 15 . 02 .A. or, because of subsequently discovered evidence or the results of subsequent 2 . If OWNER refuses to make payment inspections or tests , revise or revoke any such of the full amount recommended by payment recommendation previously made, to ENGINEER, OWNER must give such extent as may be necessary in CONTRACTOR immediate written notice (with ENGINEER's opinion to protect OWNER from a copy to ENGINEER ) stating the reasons for loss because : such action and promptly pay CONTRACTOR any amount remaining after deduction of the a . the Work is defective, or completed amount so withheld . OWNER shall promptly Work has been damaged , requiring pay CONTRACTOR the amount so withheld , or correction or replacement; any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR b . the Contract Price has been reduced corrects to OWNER's satisfaction the reasons by Written Amendment or Change Orders; for such action . c. OWNER has been required to correct 3 . If it is subsequently determined that defective Work or complete Work in accor- OWNER's refusal of payment was not justified , dance with paragraph 13 . 09 ; or the amount wrongfully withheld shall be treated as an amount due as determined by paragraph d . ENGINEER has gnten ' kpewle�f 14 . 02 . C . 1 . the occurr ijio the events ereF In paragraph . 14 . 03 CONTRACTOR 's Warranty of Title C . Payment Becomes Due A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated 00700 - General Conditions REV 04-07 00700 - 40 FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General Conditions REV 04-07.doc