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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 <br />because they were not made in writing and identified by the CMAR as unsettled when the CMAR <br />submitted the application for payment for substantial completion. <br />28.7. The Owner shall have the option to correct or complete any and all punch list items not completed <br />by the CMAR to the satisfaction of the Project Designer and the Owner within forty five (45) days <br />for any GMP package of less than 1 year's duration and not more than ninety (90) days from the <br />actual date of substantial completion for any GMP package of more than 1 year's duration by <br />utilizing its own forces or by hiring others. The cost of such correction of remaining punch list <br />items by the Owner or others shall be deducted from the final payment to the CMAR. <br />28.8. If CMAR does not complete certain punch list items within the required time period, all warranties <br />and guarantees for such incomplete punch list items shall become effective upon CMAR <br />submitting to the Owner and Project Designer certification of the date such items were completed <br />and approval by the Owner's Representative and Project Designer.. The issuance of the certificate <br />of substantial completion does not indicate final acceptance of the Project by the Owner, and the <br />CMAR is not relieved of any responsibility for the Project except as specifically stated in the <br />certificate of substantial completion. <br />28.9. Should the Project Designer and the Owner determine that the Work or a designated portion thereof <br />is not substantially complete, they shall provide the CMAR with written notice stating why the <br />Work or designated portion is not substantially complete. The CMAR shall expeditiously complete <br />the Work and shall re- request in writing that the Project Designer perform another substantial <br />completion inspection. Costs, if any, associated with such re- inspection shall be assessed to the <br />CMAR at the rates specified in the Project Designer's contract. <br />29. PARTIAL UTILIZATIONBENEFICIAL OCCUPANCY <br />29.1. The Owner may desire to occupy or utilize all or a portion of the Project when the Work for that <br />portion is substantially complete. <br />29.2. Prior to the final payment, the Owner may request the CMAR in writing, through the Project <br />Designer if applicable, to permit the Owner to use a specified part of the Project which the Owner <br />believes it may use without significant interference with construction of the other parts of the <br />Project. If the CMAR agrees, the Project Designer will schedule a beneficial occupancy inspection <br />after which the Project Designer may issue a certificate of substantial completion. The certificate <br />shall include the following documentation: <br />29.2.1. Date of substantial completion. <br />29.2.2. A tentative list of items to be completed or corrected before final payment. <br />29.2.3. Establishing responsibility between the CMAR and Owner for maintenance, heat, utilities <br />and insurance. <br />29.2.4. Establishing the date for guarantees and warranties under the terms of the Contract. <br />29.2.5. Consent of surety. <br />29.2.6. Endorsement from the CMAR'S insurance company permitting occupancy shall not be a <br />condition precedent to the Owner's occupancy of a part or parts of the Project, but may be <br />requested by the Owner in its discretion. <br />29.3. The Owner shall have the right to exclude the CMAR from any part of the Project which the <br />Project Designer has so certified to be substantially complete, but the Owner will allow the CMAR <br />reasonable access to complete or correct Work to bring it into compliance with the Contract. <br />Page 31 of 53 <br />Revised 10/17 <br />