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.
2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents, including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (11) consent of the surety, if any, to final payment; and (iii) complete and
legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in
connection with the Work.
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