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~.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documenu. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect dces not issue a Certificate for Payment, through no fautt of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor _ up rsuant to an aparoved Aavlication for Pavment within seven days after the date established in the Contract Documents fi~e-a~e~~ ~~a~e~t, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractoc's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. Notwithstandin~ the foresoin~, the Contractor shall not ~ the Work durins the pendencv of a bona fide disoute between the Owner and the Contractor, arovided anv sums in disaute claimed bv the Contractor either are olaced in escrow or are withheld bv Owner's tend~r and it serees to~ said dis~utod sum in accordance with the resolution of the disnute• 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Complerion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The Owne~'s recelDt of all cerrificates of occuaancv and ~ other cermits, rova licenses, and documents from any ¢overnmental authori havins iurisdiction necessarv for the beneficial occuoancv of the _ Proiect shall be a condition vrecedent to Substantial Comoletion. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepaze and submit to the Architect and the Owner a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documenu. Upon receipt of the Contracto~'s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of ~" Contract Documents, the Contractor shall, before issuance..~ the Certificate of Substantial Completion, complete or correct such item, upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall fmish alt items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial ~ompletion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contrar Documents. ~ 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor~ have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secwity, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing conceming the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect and the Owner as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shail not be unreasonably withhetd. s~i~te~-ag~ee~er~-~ie~weee ~e ~v~-a~ ~-e~; -i~ Owner-Contractor Agreement General Conditions Suppiement (For AIA Doc. A201) Page - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Page`"~~