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� <br /> � 9.11.2 If the Application and accomganying documentation are appropriate as to form and <br /> substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount <br /> � recommended by Engineer. If, through no fault of Contractor, final completion of the Work is <br /> significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor`s <br /> Final Application for Payment and recommendation of Engineer, and without terminating the <br /> � Agreernent, make payment of the balance due for that portion of the Work fully completed and <br /> accepted. <br /> � 9.11.3 If any remaining balance to be held by Owner for Work nat fully completed or corrected is <br /> less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required <br /> herein, the written consent of the Surety to the payment of the balance due for that portion of the <br /> � Work fully completed and accepted shall be submitted by Contractor to Engineer with the <br /> Application for such payment. Such payment shall be made under the terms and conditions <br /> 1 governing final payment, except that it shall not constitute a waiver of claims. <br /> 9.12 CONTRACTOR'S CONTINUING OBLIGATION <br /> � Contractor's obliga�ion to perform and complete the Work in accordance with the Contract <br /> Documents shall be absolute. Neither recommendation of any progress or final payment by <br /> � Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by Owner <br /> to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part <br /> ' thereof by Owner,nor any act of acceptance by Owner nor any failure to do so, nor the issuance of <br /> � a notice of acceptability by Engineer pursuant to Sections 9.10 or 9.11, nor any correction of <br /> _ defective Work�y Owiner shall constitute an acceptance of Work not in accordance with the Contract <br /> Documents or a release of Contractor's obli�ation to perform the Work in accordance with the <br /> � Cantra�t Docurr�f;r�ts, <br /> 9.13 WAIVER OF�LAIMS <br /> , The makin and acce tance of final a ment shall constitute: <br /> g P PY <br /> i9.13.1 !1 waiver of all c�aims by Owner against Contractor, except claims arising from unsettled <br /> Liens,from defective work appearing after final inspection pursuant to Section 9.9 or from failure <br /> ' to comply with the Contract Documents or the terms of any special warranties or guarantees <br /> specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to <br /> C�ntra�tor'�continuirrg ob�igati�ns urrder the C�ntract U�cum�nts;�nd— - - — — — <br /> � 9.13.2 �► v��aiver of all claims by Contractor against Ov�ner other than those previously made in <br /> writi�g and still unsettled. <br /> r <br /> � <br /> � t;enera'J�pecs/Cond,ns.gzn <br /> <<`4945 13o:;estri�o,2osene, <br /> � /'.•.�_ :K :S: .. .. _._.... . �z^ .. <br />