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bills, and other indebtedness connected with the Work for which Owner might in any way <br /> be responsible, or which might in any way result in liens or other burdens on Owner's <br /> property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to <br /> furnish such a release or receipt in full, Contractor may furnish a bond or other collateral <br /> satisfactory to Owner to indemnify Owner against any Lien. <br /> 4. Contractor must submit to the Engineer within thirty(30) days of the Final Completion date, <br /> all Maintenance and Operating Manuals, schedules, guarantees, equipment test reports, and <br /> record drawings noting all changes during construction. Failure to submit all items listed <br /> will give cause to the Engineer to deny final payment recommendation to the Owner. <br /> B. Engineer's Review of Application and Acceptance: <br /> 1. If, on the basis of Engineer's observation of the Work during construction and final <br /> inspection, and Engineer's review of the final Application for Payment and accompanying <br /> documentation as required by the Contract Documents,Engineer is satisfied that the Work <br /> has been completed and Contractor's other obligations -under the Contract Documents <br /> have been fulfilled, Engineer will, within ten days after receipt of the final Application for <br /> Payment, indicate in writing Engineer's recommendation of payment and present the <br /> Application for Payment to Owner for payment. At the same time Engineer will also give <br /> written notice to Owner and Contractor that the Work is acceptable subject to the <br /> provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for <br /> Payment to Contractor, indicating in writing the reasons for refusing to recommend final <br /> payment, in which case Contractor shall make the necessary corrections and resubmit the <br /> Application for Payment. <br /> C. Payment Becomes Due: <br /> 1. Thirty days after the presentation to Owner of the Application for Payment and <br /> accompanying documentation, the amount recommended by Engineer, less any sum <br /> Owner is entitled to set off against Engineer's recommendation, including but not limited <br /> to liquidated damages,will become due and will be paid by Owner to Contractor. <br /> 14.08 Final Completion Delayed <br /> A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if <br /> Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment <br /> (for Work fully completed and accepted) and recommendation of Engineer, and without <br /> terminating the Contract, make payment of the balance due for that portion of the Work fully <br /> completed and accepted. If the remaining balance to be held by Owner for Work not fully <br /> completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have <br /> been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of <br /> the balance due for that portion of the Work fully completed and accepted shall be submitted by <br /> Contractor to Engineer with the Application for such payment. Such payment shall be made <br /> under the terms and conditions governing final payment, except that it shall not constitute a <br /> waiver of Claims. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright(D 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. <br /> Page 76of81 <br />