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(d} Failure of the Contractor to make a ments to Subcontractors � <br /> P Y , matenalmen or <br /> suppliers. <br /> � <br /> (e) Damage to the Owner or any other person. <br /> (� Contractor's unsatisfactory prosecution of the work. � <br /> 9.5.2 When any of the above grounds for which payment is being withheld is r�moved, payment � <br /> shall be made for the amount withheld. <br /> 9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of � <br /> recommendalion of approval by the Engineer and should he fail to inform the Engineer and <br /> Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor <br /> simple interest on the past due amount at an annual rate equal to the manthly index of long term � <br /> United States bond yields for the month prior to the month in which the ob�igation is incurred plus <br /> an additianal one percent per annuni. <br /> 9.6 CONTRACTOR'S V�TARRANTY OF TTI'LE � <br /> Contractor warrants and guarantees that title to alt �Jork, mat�rials and equipment covered by any ' <br /> Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time <br /> of payment free and clear of all liens,claims, security interests and encumbrances (hereafter in these � <br /> Conditions of the Contract referred to as "Liens"). <br /> 9.7 SUBSTANTIAL COMPLETION � <br /> 9.7.1 When Contractor considers the entire Work ready for its intended use Contrac�or shall, in <br /> writing to Owner and Engineer,certify that the entire Work is substantially cornplete and request that � <br /> Engineer issue a proposed Certificate of Substantial Completion. Within a reasonable time <br /> thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to determine th� <br /> status of completion. If Engineer does nat consider the Work substantially complete, Engineer will � <br /> notify Contractor in writing giving his reasons therefor. ff Engineer considers the Work substantially <br /> complete, Engineer will prepare and deliver to Owner a proposed Certificate of Substantial <br /> Completion which shall fix the date of Substantial Completion. There shall be attached ta the � <br /> proposed Certificate a list of items ("punch list") to be completed or corrected before final payment. <br /> 9.7.2 Owner shall have seven days after receipt of the Certificate during which he may make wrirten � <br /> objection to Engineer as to any provisions of the Certificate or attached list. If, after considering <br /> such objections, Engineer concludes that the Work is not substantially complete, Engineer will � <br /> within fourteen days after submission of the proposed Certificate to Owner notify Contractor in <br /> wt�ting,stating his reasons therefor. If,after consideration of Owner's objections,Engineer considers <br /> the Work substantially complete, Engineer will within said fourteen days execute and deliver to � <br /> Owner and Contractor a final Certi�icate of Substantial Completion (with any revised list of items <br /> to be completed or corrected) reflecting such changes from the proposed Certificate as he believes <br /> justified after consid�ration of any objections from Owner. At the time of delivery of the proposed � <br /> Certificate of Substantial Completion Engineer will deliver to Owner and Contractor a written <br /> recommendation as to division of responsibilities pending final payment between Owner and <br /> Contractor with respect t� sccurity, operat:on, �afety, maincenance, heat, utilities ��rzd insur�nce. � <br /> GeneraUSpec;s/Condtns.gen <br />�J 1995 BenesVoo,Rose�e, � <br /> A:deriik&Assxiates,Inc. - 3b- <br />