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<br />waivers Isatisfactory to OWNER) of all Liens arising out of
<br />or filed in connection with the Work. In lieu thereof and as
<br />approved by OWNER, CONTRACTOR may furnish receipts
<br />or releases in full. an affidavit of CONTRACTOR that the re-
<br />leases and receipts include all labor, services, material and
<br />equipment for which a Lien could be filed, and that all pay-
<br />rolls, material and equipment bills, and other indebtedness
<br />r)nnected with the Work for which OWNER or his property
<br />might in any way be responsible, have been paid or otherwise
<br />satisfied: and consent of the Surety, it any, to final payment
<br />If any Subcontractor, manufacturer, fabricator, supplier or
<br />distributor fails to furnish a release or receipt in full. CON-
<br />TRACTOR may furnish a Bond or other collateral satisfac-
<br />tory to OWNER to indemnify OWNER against any Lien.
<br />Final Payment and .4cceptance:
<br />14.13 If, on the basis of ENGINEER') observation of
<br />the Work during construction and final inspection, and
<br />ENGINEER's review of the final Application for Payment
<br />and accompanying documentation —all as required by the
<br />Contract Documents, ENGINEER is satisfied that the Work
<br />has been completed and CONTRACTOR has fulfilled all of
<br />his obligations under the Contract Dor:ume: ts, ENGINEER
<br />will, within ten days after receipt of the final Application for
<br />Payment, indicate in writing his recommendation of payment
<br />and present the Application to OWNER for payment. There-
<br />upon ENGINEER will gne written notice to OWNFR and
<br />CONTRACTOR that the Work is acceptable sub)ect to the
<br />provisions of paragraph 14 16. Otherwise, ENGINEER will
<br />return the Application to CONTRACTOR, indicating in
<br />writing the reasons for refusing to recommend Tina! pay-
<br />ment, in which case CONTRACTOR shall make the neces,ar.
<br />corrections and resubmit the Application. If the Application
<br />and accompar,ving documentation are appropr ate as to form
<br />and substance, OWNER shall, within thirty days after receipt
<br />thereof pay CONTRACTOR the amount recommended by
<br />ENGINEER
<br />14.14. If, through no fault of CONTRACTOR, !trial com-
<br />pletion of the Work is significantly delayed thereof and it
<br />ENGINEER so confirms, OWNER shall, upon receipt of
<br />CONTRACTOR's final Application for Payment and recom-
<br />mendation of ENGINEER, and without terminating the
<br />Agreement, make payment of the balance due for that portion
<br />of the Work fully completed and accepted. If the remaining
<br />balance to be held by OWNER for Work no! fully completed
<br />or corrected is less than the retainage stipulated in the Agree
<br />ment, and if Bonds have been luinished as required in para
<br />graph S I, the written consent of the Surety to the payment of
<br />the balance due for that portion of the Work fully completeu
<br />ans.' accepted )hall be submitted by CONTRACTOR to EN-
<br />GINELR with the Application for such payment. Such pay-
<br />ment had he made under the :erms and conditions governing
<br />final payment, except that if shall not constitute a waiver of
<br />claims
<br />C•ont►acror's Continuing Obligation
<br />14 15 CONTRACTOR's obligation to perform and com-
<br />plete the Work in accordance with the Contract Documents
<br />:3
<br />shall be absolute Neither recommendation of any progress or
<br />final payment by ENGINEER, nor the issuance at' a cernfi-
<br />cate of Substantial Completion, nor any payment by OWNER
<br />to CONTRACTOR under the Contract Documents, nor any
<br />use or occupancy of the Work or any part thereof by
<br />OWNER, nor any act of acceptance by OWNER nor any
<br />failure to do so, nor the issuance of a notice of acceptability
<br />by ENGINEER pursuant to paragraph 14 13. nor any correc-
<br />tion of defective Work by OWNER shall constitute an accept-
<br />ance of Work not in accordance Aith the Contract Document
<br />or a release of CONTRACTOR's obligation to perform :he
<br />Work in accordance with -h- Contract Documents.
<br />Waiver of Claims:
<br />Is 16. The making and acceptance of final payment shall
<br />constitute:
<br />14.16 I. a waiver of all claims by OWNER against
<br />CONTRACTOR. except claims arising from unsettled
<br />Liens, from defective Work appearing after final inspec-
<br />tion pursuant to paragraph la It or from failure to
<br />c.,mply with the Contract Documents or the terms of any
<br />special guarantees specified therein: however, it shall not
<br />constitute a waiver by OWNER of any rights in respect of
<br />CONTRACTOR') continuing obligations under the
<br />Contracr Documents: and
<br />14 16.2. a wailer of all claims by CONTRACTOR
<br />against OWNER other than those previously made in %,ic-
<br />ing and still unsettled.
<br />ARTICLE IS—SUSPENSIONOF WORK AND
<br />TERMINATION
<br />Owner May Suspend Work
<br />15 1. OWNER may, at any time and without causc, sus.
<br />pend the Work or any portion thereof for a pert -d of not
<br />more than ninety days by notice in writing to CONTRAC-
<br />TOR and ENGINEER which sh.11 fix the date on which Work
<br />shall be resumed CONTRACTOR shall resume the Rork on
<br />the date so fixed. CONTRACTOR will be allowed an increase
<br />in the Contract Price or an extension of the Contract Time. or
<br />both, directly attributable to am suspension if he makes a
<br />Jaini therefor as provided in Articles I I and 12.
<br />Owner Wav Terminate
<br />15 _ Upon the xzurrence of anv one or more of the
<br />following event
<br />15 _ I ,f CONTRACTOR is adjudged a bankrupt or
<br />insolver;t.
<br />15 2.2. if CONTRACTOR makes a general assign-
<br />ment for the benefit of creditors.
<br />15.1.3. if a trustee or receiver ,s appointed for CO '-
<br />TRACTOR or for any of CONTRACTOR', proper: s
<br />111111111
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