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§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
<br />Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
<br />responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
<br />insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
<br />Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
<br />of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
<br />§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br />acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
<br />any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
<br />shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br />§ 9.9 PARTIAL OCCUPANCY OR USE
<br />§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
<br />such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
<br />to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
<br />Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
<br />the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
<br />retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
<br />writing concerning the period for correction of the Work and commencement of warranties required by the Contract
<br />Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
<br />submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use
<br />shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
<br />between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
<br />§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
<br />the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
<br />Work.
<br />§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
<br />constitute acceptance of Work not complying with the requirements of the Contract Documents.
<br />§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
<br />§ 9. 10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance
<br />and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
<br />Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
<br />will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information
<br />and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in
<br />accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
<br />Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
<br />constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being
<br />entitled to final payment have been fulfilled.
<br />§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
<br />to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
<br />with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts
<br />withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
<br />Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed
<br />to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the
<br />Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by
<br />the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data
<br />establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
<br />interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the
<br />Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a
<br />bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after
<br />payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in
<br />discharging such lien, including all costs and reasonable attorneys' fees.
<br />AIA Document A2011-2007. Copyright @ 1911 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American
<br />Init. Institute of Architects. All rights reserved. 'AIA the AIA I p10 A201 and AIA Y cwti,�r.tti ,tr,iz ;i t�,�,iz,i7 i.�rt���;
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