2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page 31 of 53 5-2-25 pursuant to the Contract Documents, for such Work or portion thereof as provided in the Contract Documents. 28.5. The acceptance of substantial completion payment shall constitute a waiver of all claims for payment by the CMAR and its Subcontractors, except those previously made in writing and identified by the CMAR as unsettled at the time the CMAR submits the application for payment for substantial completion, and except for the retained sums due at final acceptance. 28.6. In addition to any and all other indemnification required by this Contract the CMAR shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the CMAR as unsettled when the CMAR submitted the application for payment for substantial completion. 28.7. The Owner shall have the option to correct or complete any and all punch list items not completed by the CMAR to the satisfaction of the Project Designer and the Owner within forty five (45) days for any GMP package of less than 1 year’s duration and not more than ninety (90) days from the actual date of substantial completion for any GMP package of more than 1 year’s duration by utilizing its own forces or by hiring others. The cost of such correction of remaining punch list items by the Owner or others shall be deducted from the final payment to the CMAR. 28.8. If CMAR does not complete certain punch list items within the required time period, all warranties and guarantees for such incomplete punch list items shall become effective upon CMAR submitting to the Owner and Project Designer certification of the date such items were completed and approval by the Owner’s Representative and Project Designer.. The issuance of the certificate of substantial completion does not indicate final acceptance of the Project by the Owner, and the CMAR is not relieved of any responsibility for the Project except as specifically stated in the certificate of substantial completion. 28.9. Should the Project Designer and the Owner determine that the Work or a designated portion thereof is not substantially complete, they shall provide the CMAR with written notice stating why the Work or designated portion is not substantially complete. The CMAR shall expeditiously complete the Work and shall re-request in writing that the Project Designer perform another substantial completion inspection. Costs, if any, associated with such re-inspection shall be assessed to the CMAR at the rates specified in the Project Designer’s contract. 29. PARTIAL UTILIZATION/BENEFICIAL OCCUPANCY 29.1. The Owner may desire to occupy or utilize all or a portion of the Project when the Work for that portion is substantially complete. 29.2. Prior to the final payment, the Owner may request the CMAR in writing, through the Project Designer if applicable, to permit the Owner to use a specified part of the Project which the Owner believes it may use without significant interference with construction of the other parts of the Project. If the CMAR agrees, the Project Designer will schedule a beneficial occupancy inspection after which the Project Designer may issue a certificate of substantial completion. The certificate shall include the following documentation: 29.2.1. Date of substantial completion. 29.2.2. A tentative list of items to be completed or corrected before final payment. 29.2.3. Establishing responsibility between the CMAR and Owner for maintenance, heat, utilities and insurance. 29.2.4. Establishing the date for guarantees and warranties under the terms of the Contract. Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78