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Q-41plaw-M-1
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<br />B OWNER shall have the nghtto exclude CONTRACTOR from the
<br />1405 Partial Utilization
<br />A. Use by MVNT-.R at OWNER's option of any substantially completed
<br />part of the Work which has specifically been identified in the Contract Docu
<br />mml-% or whichOWNER, ENGINEER. and CONTRACTOR agree constitutes
<br />a soparalely functioning and usable part of the Work that can be used by
<br />OWNER for its intended purpose without significant interference with
<br />CONTRACTOR's performance of the remainder of the Work, may be
<br />accomplished prior to Substantial Completion of all the Work subject to the
<br />following condition;
<br />I OWNER at any time may request CONTRACTOR in writing
<br />to permit OWNER to use any such part of the Work which OWNER
<br />believes to be ready for its intended use and substantially complete If
<br />CONTRACTOR agrees that such pan of the Work is substuttially
<br />complete. CONTRACTOR will certify to OWNER and ENGINEER that
<br />such partofthe Work is substantially complete and request ENGINEER to
<br />issue a certificate of Sub slaritial Completion for 0111 part of the Work.
<br />CONTRACTOR at any time may notify OWNER and ENGINEER in
<br />witting thatCONTRACTOR considers any such put of the Work ready for
<br />its' use and sub%isxiiiiilly complete and request ENGINEER to issue
<br />acarlifiMe of Su tial Completion for Thal part of the Work. Within
<br />reasonable lime after either such request, OWNER, CONTRACTOR, and
<br />ENGINEER make an inspection of that pad of the Work to de inc
<br />its status of completion, If ENGINEER does not consider that part of the
<br />Work to be substantially complete, ENGINEER will notify OWNER and
<br />CONTRACTOR in writing giving the reasons therefor. If ENGINEER
<br />considers LW part of the Work to be substantially complete, the provisions
<br />of paragraph 14.04 will apply with riespect to certification of Substantial
<br />Completion of that part of the Work and the division of responsibility in
<br />respect thereof and access thereto.
<br />2, No occupancy or separate operation of put of the Work may
<br />occur prior to compliance with the requirements of paragraph 5.10
<br />regarding property insurance,
<br />1406 FinalInspection
<br />A. Upon wriden notion from CONTRACTOR that the entire Work or an
<br />agreed portion thereof is complete, ENGINEER will promptly make a final
<br />inspection with OWNER, and CONTRACTOR and will notify CONTRACTOR,
<br />in writing of all particulars in which this inspection rev eab that the Work is
<br />incoiMIdea detimitrve CONTRACTOR "I immediately take such measures
<br />as am necessary to complete such Work or remedy such deficiencies.
<br />1407 Final Payment
<br />A. ApplicanonforPayment
<br />1. After CONTRACTOR has, in the opinion of ENGINEER,
<br />sabdiidorily completed all corrections identified during the fatal inspection
<br />and has delivered. in accordanca with the Contract Documents, all main -
<br />and opciating instructions, schaduiles, guarantees, Bonds, certificales:
<br />oro thar evidence ofinsurance certificates ofinspection, marked -up record
<br />documents (as provided in paragraph 6 12), and other documents, CON-
<br />TRACTOR may make application for final payment following the
<br />procedure for progress pa is
<br />2 The firial Application for Payment shall be accompanied (except
<br />aspreciously delivered) by (i) all documentation called for in the Contract
<br />Documents, including but not limited to the evidence of insurance required
<br />by subparagraph 5 04 B 7, (ii) consent of the surety, if any, to final
<br />payment, and (16) complete and legally effective releases or waivers
<br />(satisfactory to WNCR) of all Lien rights arising out of or Liens filed in
<br />connection with the Work
<br />3 In lieu ofthe releases or waivers of Liens specified in paragraph
<br />14,07 A 2 and as approved by OWNER. CONTRACTOR may hinush
<br />receipts or releases in full and an affidavit of CONTRACTOR that (i) The
<br />rel receipts include all labor, services, material, and equipment for
<br />which a Lien could be filed-, and (ii) all payrolls, material and equipment
<br />bills, and other indebtedness connected with the Work for which OWNER
<br />or OWNER's property aught in any way be responsible have been paid or
<br />otherwise satisfied If any Subcontractor or Supplier flails to furnish such a
<br />release or receipt in ffill, CONTRACTOR may furnish a Bond or other
<br />collateral sataactory to OWNER to indemnify OWNFR against any Lien
<br />B Review ofApplicatton and Acceptance
<br />1. K on the basis of ENGINEER'S observation ofthe Work during
<br />construction and final inspection, and ENGINEER's review of the final
<br />Application for Payment and accompanying documentation as cetluticyl by
<br />the Contract Documents. ENGINEER is satisfied that the Work has been
<br />completed and CONTRACTOR's other obligaiions under the: Contract
<br />Documents have been fulfilled, ENGINEER will, within ten 1_4 days after
<br />teceipt of the final Application for Payment, indicate in writing
<br />LNGINEER's recommendation ofpayment and present the Application for
<br />Pa to OWNER for payment. At the same tune ENUNEER will also
<br />give written notice to OWNER and CONTRACTOR that the Work is
<br />acceptable subject to the provisions of paragraph 14.09, Otherwise,
<br />ENGINEER will return the Application for Payment to CONTRACTOR,
<br />indicating in writing the reasons for refusing to recommend firval payment,
<br />in which ease CONTRACTOR shall make the necessary coirrections; and
<br />resubmit the Application for Payment.
<br />NMGMMMMe�
<br />I. Thirty days after The presentation to OWNERofthe Application
<br />for Payment and accompanying documentation, the amount recommended
<br />by ENGINEER will become due and, when due, will be paid by OWNER
<br />to CONTRACTOR -
<br />n 10,
<br />75,11 i1wit-RAP11 illf-I Vim", 11,04 0-1 -101-5
<br />A. I& through no fault of CONTRACTOR, final completion of the Work
<br />is significantly delayed, and if ENGINEER so confirm, OWNER shall, upon
<br />rv=pt ofCONTRACTOR's final Application for Payment anid recommendation
<br />of ENGINEER, and withoutterimnating the Agreememi, make payment ofthe
<br />balance due for that portion ofthe Work fully completed and accepted. If the
<br />remaining balance to be held by OWNER for Work not fully completed or
<br />corrected is less am the retainage stipulated in the Agreement. and if Bonds
<br />have b"n furnished as required in paragraph 5 01, the written consent ofthe
<br />sur ety to the payment of the balance due for that portion of the Work fully
<br />completed and acce;Aed shall be submitted by CONTRACTOR to ENGINEER
<br />with the Application for such payment. Such payment shall be made under the
<br />terms and conditions governing final payment, except that it shall not constitute
<br />a waiver of Claims.
<br />14,09 Waiver of Claims
<br />A. The making and acceptance offinall payment will constitute,
<br />1. a waiver of all Claims by OWNER against CONTRACTOR,
<br />except Claims imising hom unsettled Liens, from defective Work appearing
<br />alter final inspection pursuant to paragralih 14,06, from failure to comply
<br />with the Con trad Documents or the terms of any special guarantees
<br />specified (herein, or from CONTRACTOR's continuing obligations under
<br />the Contract Documents, and
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