payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection
to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER
concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If after consideration of
OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days
execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER
believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate
of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation to division
of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation,
safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless
OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's
issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been
identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a
separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without
significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the following conditions.
1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work
which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that
such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion
for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and
ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER
does not consider that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in
respect thereof and access thereto.
2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of
paragraph 5.10 regarding property insurance.
14.06 Final Inspection
A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER
will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during
the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating
instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection,
marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make
application for final payment following the procedure for progress payments.
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