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during the period covered by the partial payment estimate and supported by such data as <br /> the ENGINEER may reasonably require. If payment is requested on the basis of <br /> MATERIALS and equipment not incorporated in the WORK but delivered and suitably <br /> stored at or near the site,the partial payment estimate shall also be accompanied by such <br /> supporting data,satisfactory to the OWNER,as will establish the OWNER'S title to the <br /> material and equipment and protect his interest therein,including applicable insurance. <br /> The ENGINEER will,within ten(10)days after receipt of each partial payment estimate, <br /> either indicate in writing his approval of payment and present the partial payment <br /> estimate to the OWNER,or return the partial payment estimate to the CONTRACTOR <br /> indicating in writing his reasons for refusing to approve payment. In the latter case,the <br /> CONTRACTOR may make the necessary corrections and resubmit the partial payment <br /> estimate. The OWNER will within thirty(30)days of presentation to him of an approved <br /> partial payment estimate,pay the CONTRACTOR a progress payment on the basis of the <br /> approved partial payment estimate. The OWNER shall retain ten(10%)percent of the <br /> amount of each payment until final completion and acceptance of all.WORK covered by <br /> the CONTRACT DOCUMENTS. The OWNER at any time,however,after fifty(50%) <br /> percent of the WORK has been completed,if he find that satisfactory progress is being <br /> make,shall reduce retainage to five(5%)percent on the current and remaining estimates. <br /> When the WORK is substantially complete(operational or beneficial occupancy),the <br /> retained amount may be further reduced below five(5%)percent to only that amount <br /> necessary to assure completion. On completion and acceptance of a part of the WORK <br /> on which the price is stated separately in the CONTRACT DOCUMENTS,payment may <br /> be made in full,including retained percentages,less authorized deductions. <br /> 22.2 The request for payment may also include an allowance for the cost of such major <br /> MATERIALS and equipment which are suitably stored either at or near the site. The <br /> CONTRACTOR shall submit with the payment request documentation such as invoices <br /> substantiating the MATERIALS on hand. <br /> 22.3 Prior to SUBSTANTIAL COMPLETION,the OWNER,with the approval of the <br /> ENGINEER and with the concurrence of the CONTRACTOR,may us any completed or <br /> substantially completed portions of the WORK. Such use shall not constitute an <br /> acceptance of such portions of the WORK. <br /> 22.4 The OWNER shall have the right to enter the premises for the purpose of doing WORK <br /> not covered by the CONTRACT DOCUMENTS. This provision shall not be construed <br /> as relieving the CONTRACTOR of the sole responsibility for the care and protection of <br /> the WORK,or the restoration of any damaged WORK except such as may be caused by <br /> agents or employees of the OWNER. <br /> 22.5 Upon completion and acceptance of the WORK,the ENGINEER shall issue a certificate <br /> attached to the final payment request that the WORK has been accepted by him under the <br /> conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the <br /> CONTRACTOR,including the retained percentages,but except such sums as may be <br /> lawfully retained by the OWNER,shall be paid to the CONTRACTOR WITHIN thirty <br /> (30)days of completion and acceptance of the WORK. <br /> 22.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents <br /> harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, <br /> labors workers,mechanics,materialmen, and furnishers of machinery and parts thereof, <br /> equipment,tools,and all supplies,incurred in the furtherance of the performance of the <br /> GC-15 <br />