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ERI Consulting, Inc. <br /> <br /> 9.1 CERTIFICATION: Should the Owner wish to use our occupy a structure, or part <br /> thereof, prior to final completion, and the Contractor determines that the <br /> Work, or a designated portion thereof acceptable to the Owner, is <br /> substantially complete, the Contractor shall prepare for submission to the <br /> Engineer/Project Manager a list of items to be completed and corrected. The <br /> failure to include any items on such list does not alter the responsibility <br /> of the Contractor to complete all Work in accordance with the Contractor <br /> Documents. When the Engineer/Project Manager on the basis of an inspection <br /> determines that the Work is substantially complete, he will then prepare a <br /> Certificate of Substantial Completion which shall establish the Date of <br /> Substantial Completion; shall state the responsibilities of the Owner a~d <br /> the Contractor for maintenance, heat, utilities, operation of perraaJlent <br /> equipment, and insurance; and shall fix the time within which the Contractor <br /> shall complete the items listed therein, said time to be within the Contract <br /> Time. The Certificate of Substantial Completion shall be submitted to the <br /> <br /> Owner and the Contractor for their written acceptance of the <br /> responsibilities assigned to each of them in such Certificate. <br /> <br /> 9.2 OCCUPAI~CY OR USE: Occupancy or use of a building, facility, <br /> <br /> or any part thereof may be made after the above paragraph has been complied <br /> with. <br /> <br /> 9.2.1 Such Occupancy or use by the Owner shall commence the warranty period <br /> or periods which are specified in the Contract Documents for all <br /> workmanship, materials and equipment which are so used or occupied. <br /> <br /> ARTICLE X. CONTRACT FINAL ACCEPTAI~CE AND PAYMENT <br /> <br /> 10.1 When the Work is completed, the Contractor shall notify the Engineer/Project <br /> Manager in writing that the Work will be ready for final inspection on a <br /> definite date. Upon verification by the Engineer/Project Manager that the <br /> Work is ready for final inspection and acceptance, the Owner will within ten <br /> (10) calendar days make a final <br /> <br /> inspection and, when the Work is found acceptable under the Contract <br /> Documents and the Contract is fully performed, make final payment to the <br /> Contractor. <br /> <br /> ARTICLE XI. CONTRACT WARRANTY AArD GUARANTEE <br /> <br /> 11.1 ONE-YEAR WARRANTY: Except as otherwise specified, the Contractor warrants <br /> and guarantees all Work against defects in materials, equipment or <br /> <br />-- 4/11/03 18 <br /> <br /> <br />