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Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final , <br /> certificate of Substantial Completion (with a revised list of items to be completed or corrected) <br /> reflecting such changes from the proposed certificate as Engineer believes justified after <br /> consideration of any objections from Owner. ' <br /> D. At the time of delivery of the proposed certificate of Substantial Completion, Engineer will <br /> deliver to Owner and Contractor a written recommendation as to division of responsibilities <br /> pending final payment between Owner and Contractor with respect to security, operation, safety, <br /> and protection of the Work, maintenance, heat, utilities, insurance, and warranties and <br /> guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in <br /> writing prior to Engineer's issuing the final certificate of Substantial Completion, Engineer's <br /> aforesaid recommendation will be binding on Owner and Contractor until final payment. <br /> E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial ' <br /> Completion subject to allowing Contractor reasonable access to remove its property and <br /> complete or correct items on the tentative list. ' <br /> 14.05 Partial Utilization <br /> A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially ' <br /> completed part of the Work which has specifically been identified in the Contract Documents, or <br /> which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable ' <br /> part of the Work that can be used by Owner for its intended purpose without significant <br /> interference with Contractor's performance of the remainder of the Work, subject to the <br /> following conditions: ' <br /> 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy <br /> any such part of the Work which Owner believes to be ready for its intended use and ' <br /> substantially complete. If and when Contractor agrees that such part of the Work is <br /> substantially complete, Contractor, Owner, and Engineer will follow the procedures of <br /> Paragraph 14.04.A through D for that part of the Work. , <br /> 2. Contractor at any time may notify Owner and Engineer in writing that Contractor <br /> considers any such part of the Work ready for its intended use and substantially complete ' <br /> and request Engineer to issue a certificate of Substantial Completion for that part of the <br /> Work. <br /> 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall ' <br /> make an inspection of that part of the Work to determine its status of completion. If <br /> Engineer does not consider that part of the Work to be substantially complete, Engineer <br /> will notify Owner and Contractor in writing giving the reasons therefore. If Engineer <br /> considers that part of the Work to be substantially complete, the provisions of Paragraph <br /> 14.04 will apply with respect to certification of Substantial Completion of that part of the , <br /> Work and the division of responsibility in respect thereof and access thereto. <br /> 4. No use or occupancy or separate operation of part of the Work may occur prior to <br /> compliance with the requirements of Paragraph 5.10 regarding property insurance. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract ' <br /> Copyright Q 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 74 of 81 <br />