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r'1 <br />L <br />its <br />waivers (satisfactory to OWNER) of all Liens arising out of <br />or filed in connection with the Work. In lieu thereof and as <br />appro OWNER. CONTRACTOR may furnish receipts <br />or releast full; an affidasit of CONTRACTOR that the re- <br />leases and :ceipts include all labor, services, material and <br />equipment for which a Lien could be filed, ano that all pay- <br />rolls, material and equipment bills. and other indebtedness <br />connected 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, if any, !o final payment. <br />If any Subcontractor, manufacturer, fabricator, supp:ier 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 Pi:ymen► and Acceptance: <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 Documents, 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 give written notice to OWNER and <br />CONTRACTOR that the Work is acceptable subject 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 final pay- <br />ment, in which case CONTRACTOR shill make the necessar r <br />corrections and resubmit the Application. If the Application <br />and accompanying documentation are appropriate 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, final .om- <br />pletion of the `Rork is gnificantl% delayed thereof and it <br />ENGINEER so confirms. OWNER shall, upon receipt of <br />CONTRACTOR's final application for Payment and recorn <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. It the remaining <br />balance to be held by OWNER for Work not hilly wmplctcd <br />or corrected is less than the retainage stipu.ated in the \gree <br />ment. and if Bonds have been furnished as required in para <br />graph 5.1. the written consent of the Surety to the pasmeni of <br />the balance due for that portion of the Work fully completed <br />and accepted shall be ,ubmitted by CONTR ACTOR to EN <br />GAN <br />EER with th • Application ;or such payment such pay <br />ment shall he made under the terms and conduuin% governing <br />final payment, escepi that it ,halt not constitute a caner of <br />claims. <br />Contractor's Continutnq OAligation <br />14.15 CONTRACTOR's ohligation to periorm and .om <br />plete the Work in accordance with the Contract Lki:uments <br />shall be absolute. Neither recommendation of any progress or <br />final payment by ENGINEER, nor the issuance of a certifi- <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 with the Contract Documents <br />or a release of CONTRACTOR': obligation to perform the <br />Work in accordance with the Contract Documents. <br />Waiver of Claims: <br />14.16. The making and acceptance of final payment shall <br />constitute: <br />14.16.1. 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 purse: int to paragraph 14 11 or from failure to <br />comply wits- he 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's continuing obligations under the <br />Contract Documents: and <br />14 16.2. a waiver of all claims by CONTRACTOR <br />against OWNER other than those preciously made in writ- <br />ing and still unsettled. <br />ARTICLE 15—SUSPENSION OF WORK AND <br />TERMINATION <br />Owner .Hqv Suspend Work. <br />15.1. OWNER mac•. at any time and without cause, sus- <br />pend the Work or any portion hereof for a period of not <br />more than ninety days by notice in writing to CONTRAC- <br />TOR and ENGINEER which shall fit the date on which Work <br />shall be resumed. CONTRACTOR shall resume the work 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 />hush, directly attributable to any suspension if he makes a <br />in therefor as provided in Articles I I and I Z' <br />Owner.tfav Terminate- <br />15 .1. L'pon the o- %rence of any ne or more of the <br />following events <br />15 2 1 it CONTRA) TOR is adjudged a bankrupt or <br />insolvent, <br />I' :.2 if CONTRACTOR makes a general assign- <br />ment for the benefit of creditors. <br />15 2J if a trustee r receiver is appointed for CON- <br />TRACTOR or fur any of CONTRA( TOR's property. <br />