IMCO General Construction 5/9/2022

Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion, and subject to the Retainage requirements of RCW 60.28 and Section 8.3 of the Contract. 6.6.3 Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by change order, provided such occupancy or use is consented to by the insurer 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 Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payment, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between Owner and Design-Builder or, if no agreement is reached, by decision of Owner. 6.6.4 Immediately prior to such partial occupancy or use, Owner and Design-Builder 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. 6.6.5 Unless otherwise agreed, Owner's partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 6.7 Final Payment. 6.7.1 After receipt of a Final Application for Payment from Design-Builder, together with all information required by Section 6.7.2 below, 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 certifying 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 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 Consent of Design-Builder's surety, if any, to final payment; and 6.7.2.4 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.3 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold Final Payment from Design-Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient Work until such Work is completed. GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 17