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and other indebtedness connected with <br />the Work for which Owner or Owner's <br />property might in any way be responsible <br />have been paid or otherwise satisfied. If <br />any Subcontractor or Supplier fails to <br />furnish such a release or receipt in full, <br />Contractor may furnish a bond or other <br />collateral satisfactory to Owner to <br />indemnify Owner against any Lien. <br />B. Engineer's Review of Application and <br />Acceptance <br />1. If, on the basis of Engineer's observation <br />of the Work during construction and final <br />inspection, and Engineer's review of the <br />final Application for Payment and <br />accompanying documentation as required <br />by the Contract Documents, Engineer is <br />satisfied that the Work has been <br />completed and Contractor's other <br />obligations under the Contract <br />Documents have been fulfilled, Engineer <br />will, within ten days after receipt of the <br />final Application for Payment, indicate in <br />writing Engineer's recommendation of <br />payment and present the Application for <br />Payment to Owner for payment. At the <br />same time Engineer will also give written <br />notice to Owner and Contractor that the <br />Work is acceptable subject to the <br />provisions of Paragraph 14.09. <br />Otherwise, Engineer will return the <br />Application for Payment to Contractor, <br />indicating in writing the reasons for <br />refusing to recommend final payment, in <br />which case Contractor shall make the <br />necessary corrections and resubmit the <br />Application for Payment. <br />C. Payment Becomes Due <br />1. Thirty days after the presentation to <br />Owner of the Application for Payment <br />and accompanying documentation, the <br />amount recommended by Engineer, less <br />any sum Owner is entitled to set off <br />against Engineer's recommendation, <br />including but not limited to liquidated <br />damages, will become due and, will be <br />paid by Owner to Contractor. <br />14.08 Final Completion Delayed <br />A. If, through no fault of Contractor, final <br />completion of the Work is significantly <br />delayed, and if Engineer so confirms, Owner <br />shall, upon receipt of Contractor's final <br />Application for Payment (for Work fully <br />completed and accepted) and <br />recommendation of Engineer, and without <br />terminating the Contract, make payment of the <br />balance due for that portion of the Work fully <br />completed and accepted. If the remaining <br />balance to be held by Owner for Work not <br />fully completed or corrected is less than the <br />retainage stipulated in the Agreement, and if <br />bonds have been furnished as required in <br />Paragraph 5.01, the written consent of the <br />surety to the payment of the balance due for <br />that portion of the Work fully completed and <br />accepted shall be submitted by Contractor to <br />Engineer with the Application for such <br />payment. Such payment shall be made under <br />the terms and conditions governing fmal <br />payment, except that it shall not constitute a <br />waiver of Claims. <br />14.09 Waiver of Claims <br />A. The making and acceptance of final payment <br />will constitute: <br />1. a waiver of all Claims by Owner against <br />Contractor, except Claims arising from <br />unsettled Liens, from defective Work <br />appearing after final inspection pursuant <br />to Paragraph 14.06, from failure to <br />comply with the Contract Documents or <br />the terms of any special guarantees <br />specified therein, or from Contractor's <br />continuing obligations under the Contract <br />Documents; and <br />2. a waiver of all Claims by Contractor <br />against Owner other than those <br />previously made in accordance with the <br />requirements herein and expressly <br />acknowledged by Owner in writing as <br />still unsettled. <br />Standard General Conditions <br />00 72 00-45 <br />