Shearer and Associates Inc 3/9/2020

of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion or the Contract Documents. 6.6.2 Reserved. 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete,provided, however,that(i)a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design- Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) unless otherwise provided in the Contract Documents, Owner and Design-Builder agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 6.7 Final Payment 6.7.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Contract, provided that Design-Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the following information: 6.7.2.1 an affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 6.7.2.2 a general release executed by Design-Builder in a form acceptable to Owner waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 6.7.2.3 if requested by Owner, consent of Design-Builder's surety, if any,to final payment; 6.7.2.4 all operating manuals, warranties and other deliverables required by the Contract Documents; 6.7.2.5 certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents; 6.7.2.6 certified payrolls from the Contractor and all Subcontractors, 6.7.2.7 "Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid" from Contractor and each Subcontractor filed with the Owner and the Department of Labor and Industries, 6.7.2.8 Certification of Use or Deferred Sales Tax Paid or both, and 6.7.2.9 if required by the Owner, other data establishing payment or satisfaction of obligations, including, but not limited to, receipts, releases and waivers of liens, 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 are 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. 6.7.3 Reserved East Clearwell Project General Conditions of Contract Page 15