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PORT OF EVERETT <br />UMON SLOUGH MARSH IvIITIGAT10fY <br />SECT[ON 00700 <br />GENERqI., CpNpITIONS <br />Application and accompanying documc•ntation are appropriete as to form and substance, ppRT shall, <br />within fifcan (15) days after receipt thc;nof pay CONfRpCTpR the amount recommended by <br />ENG[NEER. <br />14.14 If, through no fault of CON7'RpCPpR, Snal corrQktion of the Work is significantly delayed <br />thereof and if ENGINEER so con6rrt►c, ppRT shall, upon receipt of CpIV'('�p�OR's 5na1 <br />AppGcation for Payment and recommendation of ENGINEER, aM without temunating the <br />Agrament, malce pa}m�ent of the belance due for that portion of the Work tully compk�ed and <br />accepted. If the remainieg balanc� to be held by PORT for Work nut fully compkted or corncted is <br />kss than the retainage stipulated in the Agrament, and if Bonds have been [umished as reyuired in <br />he Workhfully corr�pktted and accepted shal► be su��ritted b�y nCpN'�A�pR ao ENGIlVEER�with f <br />the Appfication for such pa}m�ent. Such payment shall be rnde undw th� �� � condiHons <br />R°VCi�B ��1 p8yment, ezcept that it shall not consNtute a waiver of claimc, <br />Contracror's Contin ���o n►,hQai�on• <br />14.15 CON'fRACTpR's obtigadon to perforrn and compk�� �h� �york in accardance with the <br />Conaact Documents shall be absolute. Neither recortvnendation of any progress or final paymait by <br />ENGINEER, nor the issuance of a certificate of Substantial Compkdon, nor any payrtent by PORT <br />to COIV'fRqC`TOR under the Contract Documents, nor any use or occupency of the Work or any <br />part thereof by PORT, nor any act of acceptanc� bp ppRT nor any fai�ure co do so, nor the issuance <br />of a notice of acceptability by ENGiNEER pursuaz�t to paragraph 14.13, nor any correction of <br />defective Work by PORT shall consdtute an acceptance of Work not in accordance with the Contract <br />Documents or a release of CpN'['RpC'TOR's obligation to perform the Work in accordence with the <br />Contract Documents. <br />WSjVCT Of aim • <br />14.16 The making and accepta� o f�� payment shall consNtute: <br />14.16.1 a waiver of all claims by PORT against CONTRACTOR, except clairt►c azising hom <br />unsettkd Liens, from defective Work appearing after final inypection pursuant to paragraph 14.11 or <br />&om failure to wrr�ly with the Contract Documents or the terrtts of any special guara��ees sp�� <br />therein; however, it shall not constitute a waiver by PORT of any rig6ts in reypeCt of <br />COIV11tqCTpR's continuing obGgations under the Contract Docurtxnts; and <br />14.16.2 a waiver of a1l claimc by COIV'I'RqCI'OR against PORT other chan chose previously mede in <br />writing and still unsettled. <br />EA1D ARTICLE 14 <br />