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have agreed in writing concerning the period for correction of the Work and commencement of warranties required by lhe Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupanty or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the ALChitect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architec[ will prompfly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contrador and noted in the final Certificate is due and payable. The Archited's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Coniractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (i) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with ihe Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (z) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currenUy in effect and will not be canceled or allowed to expire until at least 3o days' prior written notice has been given to the Owner, (3) a written statement that the Contrador knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), iF required by the Awner, other data establishing payment or satisfaction of obligations, such as receipts, refeases and waivers of liens, claims, security interests or encumbrances arising out of the Contract; to'the extent and in such form as may be designated by the Ownes If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contrador may fumish a bond satisfactory to the Owner to indemnify the Owner against such lien. IF such lien remains unsatisfied aftet payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.103 If, aRer Substantial Completion of the Wotk, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certifi- cation by the Architect, and without terminating the Contract, make payment of the balance due fa that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that WAItNING: Unlicensad photocopying vbletas U.S. copyright laws and will subJect the vlolator fo legal prosecuflon. ~ IIII o a. o 00 ~.~o ~ 0 199] AIA4D AIA DOCUMENT A201-1997 GENERAI CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292