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dispute resolution,then the Contractor may,upon seven additional days' written notice to the Owner and Architect,
<br /> stop the Work until payment of the amount owing has been received.The Contract Time shall be extended
<br /> appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of
<br /> shut-down, delay and start-up,plus interest as provided for in the Contract Documents.
<br /> § 9.8 SUBSTANTIAL COMPLETION
<br /> § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br /> is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
<br /> Work for its intended use.
<br /> § 9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept
<br /> separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of
<br /> items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br /> responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br /> § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or
<br /> designated portion thereof is substantially complete. If the Architect's inspection discloses any item,whether or not
<br /> included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so
<br /> that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor
<br /> shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification
<br /> by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to
<br /> determine Substantial Completion.
<br /> § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a
<br /> Certificate of Substantial Completion that shall establish the date of Substantial Completion,shall establish
<br /> responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and
<br /> insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the
<br /> Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion
<br /> of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
<br /> § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br /> acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if
<br /> any,the Owner shall make payment of retainage applying to such Work or designated portion thereof.Such payment
<br /> shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br /> § 9.9 PARTIAL OCCUPANCY OR USE
<br /> § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
<br /> such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented
<br /> to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
<br /> Project. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided
<br /> the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
<br /> retainage,if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in
<br /> writing concerning the period for correction of the Work and commencement of warranties required by the Contract
<br /> Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and
<br /> submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use
<br /> shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement
<br /> between the Owner and Contractor or,if no agreement is reached,by decision of the Architect.
<br /> § 9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect
<br /> the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
<br /> Work.
<br /> § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not
<br /> constitute acceptance of Work not complying with the requirements of the Contract Documents.
<br /> Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American
<br /> Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 27
<br /> reproduction or distribution of this AIA® Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to
<br /> / the maximum extent possible under the law.This document was produced by AIA software at 15:14:50 on 11/01/2016 under Order No.4982744446 1 which
<br /> expires on 07/01/2017,and is not for resale.
<br /> User Notes: (2035499384)
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