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, . 9.9.2 Immediately prior to such partial occupancy or use, ~ the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. A reasonable sum mav be withheld until the Contractor delivers to the Owner Record DrawinQS, S~ecifications, Addenda, Chanee Orders and other Modifications maintained at the site ursuant t0 _SUbD8I'dST2Dh 3.11.1, and the warranties. instructions and maintenance manuals required to be furnished oursuant to the Saecifications 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not comptying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for fmat inspecrion and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under ihe Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the ArchitecCs knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and ~conditions of the Contract Documents and that ffie entire balance found to be due the Contractor and noted in said fmal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to fmal payment have been fulfilled. 9.10.2 Neither fmal payment nor any remaining retained percentage shall become due until a_buildine commissionine process has been rformed and is satisfactorv to the Owner such DrocesS ta be comnleted within 60 ~ after submission of a final Contractor's Apalication for Pavment)• the Citv has issued the Certificate of Occunancv; and the Contractor submits to the Owner ~es~ (1) ari affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or aliowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insura~ice will not be renewabte to cover the period required by the Contract Documents, (4) consent of surery, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of tiens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments aze made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certiftcation by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted less 150% of the value of Work remainine to comnlete. If the 150% of remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documeats, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such paymen~ Such payment shall be made under terms and conditions goveming final payment, except that it shall not constitute a waiver of claims. The making of fmal payment shall constitute a waiver of claims by the Owner as provided in Subparagraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. Insert_ V: 9.~~ the Owner shall have furnished to the Contractor a construction loan aQreement or similar a~reement between the Owner and anv lender for the Proiec~ the Contractor aQrees fullv to coonerate with the Owner in comnlvine with the nrovisions thereof and a rees to fumish ~ and all information, re~ and certificates which are reauired or helnful thereunder ARTICLE 10 Owner-Contractor Agreement Gene~al Conditions Suppiement (For AIA Doc. A201 j ~Paye - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Page #3C