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5.04 PARTIAL PAN .._r:NTS. On or before the lOth day of eau.. month, the CONTRACTOR <br />shall prepare and submit to the ENGINEER for approval or modification a statement showing as <br />completely as practicable the total value of the work done by the CONTRACTOR up to and <br />including the last day of the preceding month; said statement shall also include the value of all <br />sound materials delivered on the site of the work that are to be fabricated into the work. <br />The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current <br />month the total amount of the approved statement, less 10 per cent of the amount thereof, <br />which 10 per cent shall be retaiiied until final payment, and further less all previous payments <br />and all further sums that may be retained by the OWNER under the terms of this Agreement. <br />It is understood, however, that in case the whole work be near to completion and some unexpected <br />and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the <br />OWNER may-upon written recommendation of the ENGINEER-pay a reasonable and equitable <br />portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at the OWNER'S <br />option, may be relieved of the obligation to fu!!v complete the work and, thereupon, the CON- <br />TRACTOR shall receive payment of the balance due him under the contract subject only to the <br />conditions stated under "Final Payment." <br />5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession <br />of and use any completed or partially completed portions of the work, notwithstanding the time <br />for completing the entire work or such portions may not have expired but such taking possession <br />and use shall not be deemed an acceptance of any work not completed in accordance with the <br />Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR <br />shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may <br />determine. <br />The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, <br />the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRAC- <br />TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER <br />will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the <br />CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall <br />not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or <br />major nature, and thereby completing the structure or facility in accordance with the Contract <br />Documents. <br />5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- <br />TRACTOR has given the ENGINEER written notice that the work has been completed, or <br />substantially completed, the ENGINEER and the OWNER shall inspect the work and within <br />said time, if the work be found to be completed or substantially completed in accordance with <br />the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his <br />Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days <br />to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRAC- <br />TOR in writing of the reason for non-acceptance. <br />5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI- <br />NEER shall proceed to make final measurements and prepare final statement of the value of all <br />work performed and materials furnished under the terms of the Agreement and shall certify same <br />to the OWNER, who shall pay to the CONTRACTOR on or after the 30th dav, and before the <br />35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR <br />under the terms of this Agreement, provided he has fully performed his contractual obligations <br />under the terms of this contract; and said payment shall become due in any event upon said <br />performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, <br />nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for <br />fulfillment of any warranty which may be required. <br />5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered <br />evidence, withhold or nullify the whole or part of any certificate to such extent as may be <br />necessary to protect himself from loss on account of: <br />G-10 o b, 5ea-, ,sCk 1971 <br />