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22 <br />Progressive Design Build General Conditions <br /> <br />remaining or incomplete items of Work as noted in the Certificate of Substantial Completion, and <br />subject to the Retainage requirements of RCW 60.28 and Section 8.3 of the Contract. <br />6.5.3 Owner, at its option, may use a portion of the Work which has been determined to be <br />Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has <br />been issued for the portion of Work addressing the items set forth in Section 6.5.1 above, (ii) <br />Design-Builder and Owner have obtained the consent of their sureties and insurers, and to the <br />extent applicable, the appropriate government authorities having jurisdiction over the Project, and <br />(iii) Owner and Design-Builder agree that Owner’s use or occupancy will not interfere with <br />Design-Builder’s completion of the remaining Work. <br />6.6 Final Payment. <br />6.6.1 After receipt of a Final Application for Payment from Design-Builder, together with all <br />information required by Section 6.6.2 below, Owner shall make final payment by the time required <br />in the Contract if Design-Builder has achieved Final Completion. <br />6.6.2 At the time of submission of its Final Application for Payment, Design-Builder shall <br />provide the following information: <br />6.6.2.1 An affidavit certifying that there are no claims, obligations or liens outstanding or <br />unsatisfied for labor, services, material, equipment, taxes or other items performed, <br />furnished or incurred for or in connection with the Work which will in any way affect <br />Owner’s interests; <br />6.6.2.2 A general release executed by Design-Builder waiving, upon receipt of final <br />payment by Design-Builder, all claims, except those claims previously made in writing to <br />Owner and remaining unsettled at the time of final payment; <br />6.6.2.3 Consent of Design-Builder’s surety, if any, to final payment; <br />6.6.2.4 All reports, records, training and operating manuals, warranties and other <br />deliverables required by the Contract Documents; and <br />6.6.2.5 Certificates of insurance confirming that required coverages will remain in effect <br />consistent with the requirements of the Contract Documents. <br />6.6.3 Deficiencies in the Work discovered after Substantial Completion, whether such <br />deficiencies would have been included on the Punch List if discovered earlier, shall be deemed <br />warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and <br />2.10 herein and shall not be a reason to withhold final payment from Design-Builder, provided, <br />however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of <br />completion of such deficient work until such work is completed. <br /> <br />Article 7 <br />Indemnification <br />7.1 Patent and Copyright Infringement. <br />7.1.1 Design-Builder shall defend, with counsel reasonably acceptable to Owner, any action or <br />proceeding brought against Owner based on any claim that the Work, or any part thereof, or the <br />operation or use of the Work or any part thereof, constitutes infringement of any United States